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:
CAMPGROUND OR RECREATIONAL VEHICLE PARK
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.
A.
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.
B.
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.
CAMPING
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.
CAMPSITE
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.
CONSTRUCTION TRAILER
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.
DWELLING
A.
For the purposes of this chapter only, a dwelling is any building:
(1)
For which a certificate of occupancy has been issued by the
Town for use as a dwelling; or
(2)
Designed and used exclusively as the residence or sleeping place
for one or more persons and which use predated the requirement to
obtain a certificate of occupancy for that use.
B.
Notwithstanding the foregoing, a dwelling shall not include
a recreational vehicle or RV.
RECREATIONAL VEHICLE OR RV
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.
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;
(2) Multiple campsites shall be governed by the lot and siting requirements set forth at §
120-6;
(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;
(2) Multiple campsites shall be governed by the lot and siting requirements set forth at §
120-6;
(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.
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;
B. Any mobile home park regulated under Chapter
214 of the Town Code;
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.
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:
A. The close of any public hearing held in connection with any such
application; or
B. The final determination made by the Planning Board pursuant to the
State Environmental Quality Review Act in connection with any such
application.