[HISTORY: Adopted by the Town Board of the Town of Bethel 9-23-2014 by L.L. No.
1-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animal control — See Ch. 83.
Mass public assemblies — See Ch. 90.
Mobile home parks — See Ch. 214.
Noise — See Ch. 220.
Solid waste — See Ch. 279.
Subdivision of land — See Ch. 300.
Zoning — See Ch. 345.
§ 120-1.
[1]
Editor's Note: This local law also repealed former Ch.
120, Campgrounds and Recreational Vehicles, adopted 7-27-1995 (Ch.
57 of the 1990 Code), as amended.
The purpose of this chapter is to promote the health, safety
and general welfare of the Town of Bethel and of its inhabitants by
establishing specific requirements and regulations governing camping
and the operation and maintenance of campgrounds and recreational
vehicle (RV) parks.
For the purpose of this chapter, the following words, terms
and phrases shall have the meaning ascribed to them in this section:
The development or use of a lot, tract or parcel of land
for the purpose of providing a site for travel trailers, truck campers,
camper trailers, recreational vehicles or tents for camping. Campsites,
campgrounds or recreational vehicle parks, tent camping facilities
and other similar facilities, regardless of whether rights to occupy
a campsite are conveyed by lease, rent, sale or any other means, shall
be included in this definition. Also, this definition shall include
those situations where camping occurs with no specific rights of occupation
offered but the use is nonetheless permitted by the owner's direct
or indirect action or lack thereof.
TRANSIENT CAMPGROUNDS OR RV PARKSPersons offering five or more campsites or RV park lots with or without accessory recreational facilities or permanent water and sewer infrastructure, for use for tent camping and/or recreational vehicle camping on a transient basis for a period of time not to exceed 60 cumulative hours in any calendar year as set forth in 10 New York CRR 7-1.2(a)(5) or any amendment thereof. Notwithstanding the foregoing, and as set forth in this chapter, the sixty-cumulative hour standard may be increased by a waiver approved by the New York State Department of Health and the Planning Board.
NONTRANSIENT CAMPGROUNDS OR RV PARKSPlanned communities with recreational and service facilities, including central water and sewer infrastructure and may include a restaurant and/or bar, lounge, house of worship and community center, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common or may be owned individually by deed conveyance or may be leased on an annual, monthly or other seasonal basis. Any use of real property as a campground or recreational vehicle park that does not qualify as a transient campground or recreational vehicle park, and is not otherwise governed by § 120-10, shall be deemed to be a nontransient campground or recreational vehicle park.
The use of a property as a site for the parking of recreational
vehicles, travel trailers or similar equipment, including motor vehicles
which are used for sleeping overnight, and/or the erection of tents
or other structures to serve as temporary shelters.
A lot or space within a campground or RV park used for tent
camping or as a site for recreational vehicles; or an area of land
otherwise offered by the owner, developer or operator through sale,
lease, rent, membership or any other means for camping purposes, regardless
of whether or not done for pecuniary gain.
A vehicular unit which either has its own motor power or
is mounted on or drawn by another vehicle and used or intended to
be used solely in connection with construction or development for
the storage of materials, tools or equipment or for office purposes.
The term "construction trailer" shall not include a dwelling, mobile
home, recreational vehicle or any other vehicle designed or used as
living or sleeping quarters.
A vehicular unit primarily designed as temporary living quarters
for recreational camping or travel use, which either has its own motor
power or is mounted on or drawn by another vehicle. The basic entities
are travel trailer, camping trailer, truck camper and motor home.
A.
No person, partnership, association, limited liability or other company,
entity or corporation, being the owner, user, operator or occupant
of any land within the Town of Bethel, shall use or allow the use
of such land for a transient campground or transient RV park unless
a license has been obtained as herein provided.
B.
License application procedure.
(1)
Each application for a transient campground or RV park license shall be in writing, signed by the applicant and accompanied by the required license application fee. Each application shall contain the information required by § 120-5A and C of this chapter, subject to any waiver issued pursuant to § 120-5C(11)(a). In addition, the application shall identify each waiver application or request that has been, or will be, made to the New York State Department of Health for relief from any of its regulations applicable to the subject matter of this chapter. An applicant may request a preapplication meeting with the Chairman of the Planning Board or his designee prior to the submission of a completed application to review the site plan and site plan waiver requirements.
(3)
Upon receipt of the license application fees and any escrow funds required by Town Code § 345-60, the Code Enforcement Officer shall promptly transmit copies of the application and plans to the Planning Board, which shall review the application pursuant to the site plan review requirements of §§ 345-31 and 120-6 of the Town Code. The Planning Board shall determine whether the application is complete.
(4)
If an applicant receives a relevant waiver from the State Department of Health, it may seek a waiver of any of the requirements of this Chapter 120 which pertain to the same subject matter as the State Department of Health waiver, upon written application to the Planning Board. Said waiver application must provide written evidence of the waiver received from the State Department of Health. Notwithstanding the foregoing, the Planning Board shall not be required to grant any waiver application.
C.
Issuance of license.
(1)
Any license application approved by the Planning Board shall be subject
to any approvals required or issued by the State Department of Health
for the use in question. Upon receipt, the applicant shall provide
a copy of any such approvals given by the New York State Department
of Health to the Code Enforcement Officer as clerk of the Planning
Board.
(2)
The Code Enforcement Officer of the Town of Bethel shall issue a
license after approval of the license application by the Planning
Board. Said license shall:
(a)
Adhere to the site plan approved by the Planning Board; and
(3)
A license shall not be transferable or assignable and shall expire
upon a change of the operator of the campground or the ownership of
the real property in question.
(4)
A license shall be posted in a conspicuous place on the real property
in question.
(5)
An application for a license or the renewal of a license may be denied
by the Planning Board when the applicant has exhibited a history of
noncompliance with the requirements of this chapter; the campground
is found to be a potential source of danger to the general public
health and safety or the health and safety of the occupants of the
campground; or the transient campground or RV park does not comply
with the requirements of this chapter.
D.
Renewal of licenses.
(1)
Any person to whom a license has been issued pursuant to this § 120-3, may seek renewal of that license in a subsequent calendar year provided that:
(2)
Evaluation by Planning Board.
(a)
The Planning Board may renew a license if, in its sole discretion,
it determines that:
[1]
The applicant conducted the use in accordance with the terms
of the license, the approved site plan and the applicable requirements
of this chapter;
[2]
The approved site plan was and will continue to be satisfactory in addressing its statutory purposes as delineated at Town Code § 345-31B;
[3]
The transient campground or RV park is not a potential source
of danger to the general public health and safety or the health and
safety of the occupants of the campground or RV park; and
[4]
The application for a license renewal does not contain any substantially
new elements that compel a new site plan or the substantial amendment
of the previously approved site plan.
(b)
The Planning Board may waive any public hearing requirements
that may be otherwise applicable to the renewal of a license.
E.
Fees. The applicant for any new or renewed license shall pay the
Town a fee as set from time to time by resolution of the Town Board.
A.
No person, partnership, association, limited liability or other company,
entity or corporation, being the owner, user, operator or occupant
of any land within the Town of Bethel, shall use or allow the use
of such land for a nontransient campground or nontransient RV park
unless a special use permit has been obtained as herein provided.
B.
Special use application procedure.
(1)
Each application for a nontransient campground or RV park special use permit shall be in writing, signed by the applicant and accompanied by the required application fee. Each application shall contain the information required by § 120-5 of this chapter. Each application shall be accompanied by a management plan delineating how the nontransient campground or RV park will be operated. In addition, the application shall identify each waiver application or request that has been, or will be, made to the New York State Department of Health for relief from any of its regulations applicable to the subject matter of this chapter.
(3)
Upon receipt of the application fees and any escrow funds required by Town Code § 345-60, the Code Enforcement Officer shall promptly transmit copies of the application and management plan to the Planning Board, which shall review the application and management plan pursuant to the special use review requirements of § 345-30 of the Town Code. The Planning Board shall determine whether the application is complete.
(4)
Any special use permit approved by the Planning Board shall be subject
to any approvals required or issued by the State Department of Health
for the use in question. Upon receipt, the applicant shall provide
a copy of any such approvals given by the New York State Department
of Health to the Code Enforcement Officer as clerk of the Planning
Board.
(5)
If an applicant receives a relevant waiver from the State Department of Health, it may seek a waiver of any of the requirements of this Chapter 120 which pertain to the same subject matter as the State Department of Health waiver, upon written application to the Planning Board. Said waiver application must provide written evidence of the waiver received from the State Department of Health. Notwithstanding the foregoing, the Planning Board shall not be required to grant any waiver application.
A.
Each application shall contain the following information:
(1)
The name and address of the applicant; or the name and address of
each partner if the applicant is a partnership; or the name and address
of each officer and director if the application is an association
or corporation.
(2)
The description of the land that is proposed to be used as a campground
or RV park.
(3)
The number of campsites or RV lots to be provided in such campground
or park.
(4)
The names and addresses of the owners of the property on which the
campground or RV park is to be located and, if the applicant is not
the owner of the site, the applicant shall submit with the application
an owner's proxy form duly executed by the property owner whose
signature shall be witnessed by a notary public.
B.
Applicants for a nontransient campground special use permit shall
also supply 10 copies of a location map with the application which
show all land within 300 feet of the campground or RV park, the location
and size of each lot, the location of all streets and roads adjacent
to and within the park, uses of adjacent land and the owners of adjacent
land and the location of all water and sewer lines and utilities within
the campground or RV park.
C.
Proposed development. The application shall be accompanied by 10
copies of a site plan showing the following:
(1)
The location and widths of all entrances, exits and streets.
(2)
The location, size and arrangement of each lot or camping space within
the campground or RV park.
(3)
The method and plan for electric lighting.
(4)
The location and plan of all proposed structures and improvements.
(5)
Plans for landscaping.
(6)
Stormwater drainage.
(7)
Utilities.
(8)
Water supply.
(9)
Portable or permanent toilets.
(10)
Shower facilities.
(11)
Upon the request of the applicant and at the discretion of the
Planning Board, the Planning Board:
A.
Minimum development area. A transient campground or RV park shall
have a gross area of at least five contiguous acres of land in single
ownership or under unified control and a nontransient campground or
RV park shall have a gross area of at least 25 contiguous acres of
land in single ownership or under unified control.
B.
Screening requirements. All nontransient campgrounds and RV parks
shall provide and maintain a screening strip of planted natural materials
along all property boundary lines. Such screening shall be a depth
of not less than 20 feet, to effectively screen the area within a
reasonable time period (five to 10 years). A planting plan specifying
types, size and location of existing and proposed plant materials
shall be required and reviewed as part of the special use permit application.
C.
Lot and siting requirements.
(1)
Campsites shall be a minimum of 30 feet wide and a minimum of 1,250
square feet in area. There shall be permitted only one recreational
vehicle, travel trailer or similar equipment, or tent or other structure
serving as a temporary shelter per campsite. There shall be at least
a five-foot clearance between the boundaries of the campsite and the
exterior surfaces of the recreational vehicle, travel trailer or similar
equipment, or tent or other structure serving as a temporary shelter
in question.
(2)
Campsites shall be separate from service building structures by a
minimum distance of 50 feet. No campsites shall be located closer
than 50 feet to the right of way of any street or highway or any adjacent
property line.
D.
Off-street parking requirements. At least one off-street parking
space shall be provided for each campsite.
E.
Streets.
(1)
Nontransient campgrounds or RV parks. The residential street design standards contained in Chapter 300, Subdivision of Land, shall apply to streets within nontransient campgrounds and RV parks.
(2)
Transient campgrounds or RV parks. Transient recreational land development
streets shall be cleared, graded and improved to a twelve-foot width
for one-way traffic and twenty-foot width for two-way traffic.
F.
Sewerage and water supply. No individual on-site sewerage or water
supply shall be permitted, and all community systems for the common
use of campground occupants shall fully comply, as evidenced by approved
plans, with standards imposed by the New York State Department of
Health and the Town of Bethel.
G.
Other regulations.
(1)
The following additional regulations shall apply to all nontransient
campgrounds and RV parks:
(a)
Appurtenances. No permanent external appurtenances, such as
carports, cabanas or patios, may be attached to any travel trailer
or other recreational vehicle parked in a campground or RV park, and
the removal of wheels or placement of the unit on a foundation in
such a park is prohibited.
(b)
Location. A campground or RV park shall be so located that no
entrance or exit from a park shall discharge traffic into a residential
area exceeding one dwelling per acre nor require movement of traffic
from the park through such an area to obtain access to a public highway.
A minimum of 150 feet of frontage on a state, county or Town highway
shall be required.
(c)
Common use areas. A minimum of 10% of the gross site area of
the campground or RV park shall be set aside and developed as common
use areas for open and enclosed recreational facilities. No recreational
vehicle site, required buffer strip, street right-of-way, cartway,
storage area or utility site shall be counted as meeting this requirement.
(d)
Entrances and exits. Entrances and exits to nontransient campgrounds
or RV parks shall be designed for safe and convenient movement of
traffic into and out of the park and to minimize marginal friction
with free movement of traffic on adjacent streets. All traffic into
or out of the park shall be through such entrances and exits. No entrance
or exit shall require a turn at an acute angle for vehicles moving
in the direction intended, and the radii of curbs and pavements at
intersections shall be such as to facilitate easy turning movement
for vehicles with trailer attached. No intersection of an entrance
and/or exit with a state, county or Town highway shall be located
where less than 500 feet of sight distance exists in either direction
along the state, county or Town highway, nor shall such intersection
be located within 150 feet of any other intersection.
(e)
Parking areas. In connection with the use of any nontransient
campground or RV park, no parking, loading or maneuvering incidental
to parking or loading shall be permitted on any public street, sidewalk,
required buffer, right-of-way or any public grounds, nor any private
grounds not part of the nontransient campground or RV park unless
the owner has given written permission for such use. Each nontransient
campground or RV park operator shall provide off-street parking and
loading and shall be responsible for violations of these requirements.
(f)
Occupancy. Campground or RV park lots shall be used only for
camping purposes. No improvement or living unit designed for permanent
occupancy shall be erected or placed on any campground or RV park
lot. All recreational vehicles in the development shall be maintained
in a transportable condition at all times and meet all requirements
which may be imposed by the State of New York. Any action toward removal
of wheels or to attach the recreational vehicle to the ground for
stabilization purposes is hereby prohibited. Moreover, no campground
or RV park lot shall be occupied for more than six consecutive months,
and no campground or RV park lot shall be the primary and principal
residence of the owner or any other occupant, each campground or RV
park lot to be used and occupied (excepting for occasional guests)
for camping and recreational purposes only by a single household.
(g)
Records. The management of every nontransient campground or
RV park shall be responsible for maintaining accurate records concerning
the occupancy of all campground or RV park lots. The term "management"
shall include associations of property owners when such are responsible
for maintenance and operation of common facilities. The Town Code
Enforcement Officer shall have access to, and the right, pursuant
to applicable law, to inspect, records for evidence of permanent residency
or lack thereof. The Town Board and/or Code Enforcement Officer shall,
in addition, have the authority, when any provision of this chapter
is violated, to prohibit the occupancy of any and all nontransient
campground or RV park lots until the owners and/or management provide
evidence of compliance with these provisions.
(h)
Sanitary facilities. No owner or occupant of any campground
or RV park lot or within such campground or RV park lot shall permit
or allow the dumping or placement of any sanitary or other waste anywhere
upon any campground or RV park lot or elsewhere within the development,
except in places designated therefor. No outside toilets shall be
erected or maintained on any campground or RV park lot. Plumbing fixtures
within any recreational vehicles placed upon lots in the campground
or RV park shall be connected to the sewage disposal system for the
development. Sanitary facilities, including toilets, urinals and showers,
shall be provided in separate buildings located not less than 100
feet or more than 500 feet from each campground or RV park lot.
(i)
Fences. All property lines within the development shall be kept
free and open; and no fences, except as may be required for screening
or as may exist naturally, ledges or walls shall be permitted thereon.
This shall not, however, preclude the erection of fences around the
perimeter of the development.
(j)
Nuisances.
[1]
No noxious or offensive activities or nuisances shall be permitted
on any campground or RV park lot or anywhere within such developments.
Such nuisances shall include, but not be limited to:
[b]
Uncontrolled fires or any burning which results in soot, cinders,
smoke, noxious fumes, gases or unusual odors emanating beyond the
property line of the development; and
[2]
Responsibility for meeting such requirements shall extend in
all circumstances to individual occupants of campground or RV park
lots as well as owners and operators.
(k)
Animals. No animals shall be kept or maintained on any campground
or RV park lot, except the usual household pets. Pets shall be kept
confined so as not to become a nuisance.
(l)
Garbage and refuse disposal. No person shall burn trash, garbage
or other like refuse on any campground or RV park lot. All such refuse
shall be placed and kept in airtight receptacles for the same, which
shall be provided by the owners of the campground or RV park lots.
No owner or occupant shall permit the accumulation of litter or refuse
or junk vehicles on a campground or RV park.
(m)
Camping accessories. Notwithstanding any provisions herein contained
to the contrary, picnic tables, benches, storage sheds, fireboxes
or fireplaces and similar items of personal property may be placed
on a campground or RV park lot. All personal property on a campground
or RV park lot shall be maintained in good condition so as not to
become unsightly.
(n)
Ditches and swales. Each owner shall keep drainage ditches and
swales located on his campground or RV park lot free and unobstructed
and in good repair and shall provide for the installation of such
culverts upon his campground or RV park lot as may be reasonably required
for proper drainage. He shall also prevent erosion on his campground
or RV park lot.
(o)
Vehicle parking. No recreation vehicle shall be parked on any
street or roadway within the campground or RV park.
(p)
Fire rims. Each campground or RV park lot fireplace (if charcoal
or gas grills are not provided) shall be provided with a fire rim
of concrete construction at least eight inches in height to contain
the fire.
(q)
Water supply. Potable water drinking supplies shall be provided
within 300 feet of each campground or RV park lot and be operational
during any period of occupancy.
(r)
Fire and emergency access. Every campsite shall be accessible
by fire and emergency equipment and shall be maintained in such condition,
free of obstacles to access.
(2)
The following regulations appearing at Town Code § 120-6G(1) shall be applicable to transient campgrounds and RV parks: § 120-6G(1)(j), (k), (l), (o) and (r). In addition, the following regulations are also applicable to transient campgrounds and RV parks:
(a)
Occupancy. Campground or RV park lots shall be used only for
camping purposes. No improvement or living unit designed for permanent
occupancy shall be erected or placed on any campground or RV park
lot. All recreational vehicles in a transient campground or RV park
shall be maintained in a transportable condition at all times and
meet all requirements which may be imposed by the State of New York;
(b)
Sanitary facilities. No owner or occupant of any transient campground
or RV park lot or within such campground or RV park lot shall permit
or allow the dumping or placement of any sanitary or other waste anywhere
upon any campground or RV park, except in places designated therefor.
Toilets shall be erected or maintained on any transient campground
or RV park lot per the requirements of the license issued by the Planning
Board;
(c)
Fire rims. Where applicable, each campsite fireplace shall be
provided with a fire rim of materials approved by the Planning Board
and of sufficient height to contain the fire; and
(d)
Water supply. Potable water supplies shall be provided per the
requirements of the license issued by the Planning Board.
The Code Enforcement Officer shall enforce all of the provisions of this chapter and shall have the right, at all reasonable times, to enter and inspect the grounds of any transient or nontransient campground or RV park or other nonresidential buildings used in any transient or nontransient campground or RV park such as shower facilities, toilets, vendors' stands, or other facilities associated with the operation of the campground or RV park. Nothing herein shall confer authority upon the Code Enforcement Officer the right to enter and inspect the interior of any RV, travel trailer or similar equipment, tent or other structure serving as a temporary shelter without the permission of the owner or occupant thereof or the prior issuance of lawful process. The Code Enforcement Officer may order any transient campground or RV park operating without a license as required in § 120-3, or any nontransient campground or RV park operating without a special use permit as required in § 120-4, to close, and remain closed until a valid license or special use permit for operation of a campground or RV park is obtained.
No person, partnership, association, limited liability or other company, entity or corporation, being the owner, user, operator or occupant of any land within the Town of Bethel, shall use or allow the use of such land for camping unless a license shall have been issued therefor pursuant to § 120-3 of this chapter or a special use permit shall have been issued therefor pursuant to § 120-4 of this chapter. Notwithstanding the foregoing, the following uses are permissible uses:
A.
Camping by the owner, or his or her invitees, on his or her own real
property is permitted provided that:
(1)
There are four or fewer campsites on each tax lot as those lots appear
on the tax map for the Town;
(3)
There shall be permitted only one recreational vehicle, travel trailer
or similar equipment, or tent or other structure serving as a temporary
shelter per campsite;
(4)
Any recreational vehicle must be inspected and registered with the
State of New York in accordance with the Vehicle and Traffic Law and
any recreational vehicle, travel trailer or similar equipment must
be operable at all times and the wheels of each such vehicle shall
remain attached;
(5)
Any such recreational vehicle, travel trailer or similar equipment,
or tent or other structure serving as a temporary shelter per campsite
must be structurally sound and in good repair;
(6)
There shall be no more than six persons per recreational vehicle,
travel trailer or similar equipment, or tent or other structure serving
as a temporary shelter;
(7)
Camping shall not occur more than 30 cumulative days annually;
(8)
Camping takes place in the side or rear yard of an improved lot;
and
(9)
Camping takes place in a screened portion of an unimproved lot, where
practicable;
B.
Camping by the owner, or his or her invitees, on his or her own real
property, which real property contains a dwelling, is permitted provided
that:
(1)
There are four or fewer campsites on each tax lot containing a dwelling
as those lots appear on the tax map for the Town;
(3)
There shall be permitted only one recreational vehicle, travel trailer
or similar equipment, or tent or other structure serving as a temporary
shelter per campsite;
(4)
Any recreational vehicle must be inspected and registered with the
State of New York in accordance with the Vehicle and Traffic Law and
any recreational vehicle, travel trailer or similar equipment must
be operable at all times and the wheels of each such vehicle shall
remain attached;
(5)
Any such recreational vehicle, travel trailer or similar equipment,
or tent or other structure serving as a temporary shelter per campsite
must be structurally sound and in good repair;
(6)
There shall be no more than six persons per recreational vehicle,
travel trailer or similar equipment, or tent or other structure serving
as a temporary shelter;
(7)
Camping shall not occur more than 180 cumulative days annually; and
(8)
Camping takes place in the side or rear yard of the dwelling lot;
C.
Use as temporary shelter by owner.
(1)
The use of an RV as a temporary shelter by the owner of real property,
which real property contains a permanent dwelling, shall be permitted
provided that:
(a)
The real property in question is used as the principal residence
of the owner and his or her family or legal tenants;
(b)
The permanent dwelling serving as the principal residence is
no longer habitable due to a event of force majeure;
(c)
The owner has received a building permit to repair or replace
the permanent dwelling in question; and
(d)
The owner obtains a temporary certificate of occupancy for the
RV for use by persons displaced from the permanent dwelling.
(2)
A temporary certificate of occupancy issued by the Code Enforcement Officer under this § 120-8C shall be limited to a maximum term of one year without renewal.
(3)
As used herein, the term "an event of force majeure" shall include
acts of God (such as storms, flooding, earthquake, volcanic eruption,
etc.), fire, wars, insurrections and/or any other cause beyond the
reasonable control of the owner and his or her family or legal tenants.
A.
Any person, partnership, association or corporation who uses any
property or allows their property to be used in violation of any provision
of this chapter shall, for a first offense, be guilty of a violation
and shall be subject to imprisonment for not more than 30 days or
to a fine of not more than $500, and for a second offense committed
within five years of the first offense be guilty of a misdemeanor
and shall be subject to imprisonment for not more than one year or
to a fine of not less than $250 and not more than $1,000. When a violation
of any of the provisions of this chapter is continuous, each day or
portion thereof shall constitute a separate and distinct violation.
B.
Upon duly adopted resolution, the Town Board, in addition to the
above-provided penalties and any other remedies for damages or civil
relief available to the Town, may maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with this chapter or to restrain by injunction the violation
of this chapter. The remedies available to the Town shall be cumulative
and not exclusive.
None of the provisions of this chapter shall be applicable to
the following:
A.
The business of recreational vehicle sales operating pursuant to
applicable law;
C.
A recreational vehicle, travel trailer, or similar equipment not
in use may be stored on premises containing a dwelling owned or leased
by the owner of such recreational vehicle, travel trailer, or similar
equipment; provided, however, that the owner of such recreational
vehicle, travel trailer, or similar equipment shall at all times comply
with § 302.8 of the New York State Property Maintenance
Code, or any amendment thereof; and
D.
The lawful use of a construction trailer at a construction site for
which a current building permit has been issued.
The issuance of any special use permit or license pursuant to
the provisions of this chapter shall not be deemed to waive compliance
by the holder thereof, by the property owner, operator or any occupant
of any campground or RV park, with any applicable law or regulation,
including but not limited to applicable regulations of the State of
New York Department of Health.
A.
The regulations of this chapter shall apply to any expansion of an
existing campground or RV park, including increases in the number
of lots or available spaces, even though no additional land area is
involved in the expanded use.
B.
The standards of § 120-6G(1)(a) and (e) through (p) shall also apply to existing parks except to the extent to which the same have been modified through the filing and acceptance by the Town of restrictive covenants applying to a particular development. Existing parks shall be assumed to have conformed to the formal license and renewal procedure if they have a use permit from the Town pursuant to Chapter 345, Zoning, or a permit from the New York State Department of Health.
C.
Any existing park which does not have a permit from the Department
of Health or approval from the Town shall not qualify for this treatment
and shall be required to make a new submission.
Where this chapter requires approval of an application by the
Planning Board, the Planning Board shall issue its determination within
62 days of the later of:
