[HISTORY: Adopted by the Town Board of the Town of North
Collins as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-2-1980 by L.L.
No. 1-1980 (Ch. 169 of the 1991 Code)]
This article shall be known and may be cited as the "Recreational
Vehicle Park Law of the Town of North Collins, New York," or by short
title as the "RV Park Law."
The purpose of this article is to promote and protect the public
health, welfare, safety, order, conduct, comfort, convenience, prosperity
and well-being of persons and property in the Town of North Collins,
including inhabitants and others temporarily residing in recreational
vehicles on a seasonal basis for the purposes of recreation, camping
or vacation, by the regulation of recreational vehicles in recreational
vehicle parks and by requiring that all recreational vehicle parks
in the Town of North Collins be duly licensed; by requiring that recreational
vehicle parks be established, constructed, maintained and operated
only in accordance with plans approved by the Town Board after review
and recommendation by the Planning Board and by establishing standards
and other regulations for the design, development and operation of
recreational vehicle parks in the Town of North Collins.
A.
When not inconsistent with the context, words used in the present
tense include the future tense. Plural and singular connotations are
interchangeable. The word "person" includes a firm, partnership or
corporation as well as an individual, whether tenant, owner, lessee,
licensee, agent, heir or assignee. The word "shall" is always mandatory.
The word "used" includes the term "designed or intended to be used."
B.
ALL-WEATHER HARD SURFACE
CODE ENFORCEMENT OFFICER
COUNTY
ENFORCEMENT OFFICER
FIRE COMPANY
HIGHWAY SUPERINTENDENT
LICENSE
PLANNING BOARD
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE PARK
RECREATIONAL VEHICLE PARK PLOT PLAN
RECREATIONAL VEHICLE PARK STREET
RECREATIONAL VEHICLE SITE
SERVICE BUILDING
STABILIZED TRAVEL WAY
STABILIZED VEHICULAR PARKING PAD
TOWN
TOWN BOARD
TOWN CLERK
For the purpose of this article, the following words shall have the
following meanings:
Macadam, concrete or equivalent as approved by the Highway
Superintendent.
The duly appointed Code Enforcement Officer of the Town of
North Collins.
The County of Erie, New York.
The person duly appointed by the Town Board to enforce the
provisions of this article. Unless otherwise designated by the Town
Board, the Code Enforcement Officer shall be the "enforcement officer."
The organization, public or private, authorized by the Town
of North Collins or by state law to provide fire prevention and fire
protection services to any or all areas of the Town of North Collins.
The duly elected Town Highway Superintendent of the Town
of North Collins.
A written permit or certification issued by the Town of North
Collins permitting the establishment, construction, operation and
occupancy, alteration and extension of a recreational vehicle park
under the provisions of this article.
The Town Planning Board of the Town of North Collins, New
York.
A vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer and truck camper. This definition does not include mobile homes as defined in Chapter 153, Mobile Homes, the local law for mobile home courts in the Town of North Collins.
A lot of land upon which two or more recreational vehicle
sites are located, established or maintained for occupancy by recreational
vehicles of the general public as temporary living quarters for recreation
or vacation purposes.
The plan required of an applicant for a license to establish,
maintain and operate a recreational vehicle park in the Town of North
Collins pursuant to the development standards for recreational vehicle
parks as enumerated in this article. Said plan shall show in sufficient
detail, as required by local reviewing authorities, all of the required
information pertaining to the proposed layout of a premises for a
recreational vehicle park in compliance with this article.
A private way which affords the principal means of access
to individual recreational vehicle sites, as defined in this article,
or auxiliary buildings.
A plot of ground within a recreational vehicle park intended
for the accommodation of a recreational vehicle and/or tent on a temporary
basis.
A structure housing sanitary, operational, office, recreational,
maintenance or other facilities built to conform to required standards
of this article.
A travel way constructed by use of shale, gravel, paving
or other suitable material.
A required vehicular parking pad on each recreational vehicle
site, constructed of shale, gravel, paving or other suitable material.
The Town of North Collins.
The Town Board of the Town of North Collins, New York.
The duly elected Town Clerk of the Town of North Collins.
No recreational vehicle park shall be located on any land situate in the Town of North Collins, outside the incorporated limits of the Village of North Collins, except as permitted and allowed by Chapter 265, Zoning, of the Code of Town of North Collins, as amended. In any instance of apparent conflict between the provisions of said Zoning Ordinance and this article, those provisions that are more restrictive shall govern.
All recreational vehicle parks hereafter located in the Town
of North Collins, outside the incorporated limits of the Village of
North Collins, shall be duly licensed as hereinafter provided.
Every application for the construction, establishment, maintenance
and operation of a recreational vehicle park in the Town of North
Collins shall be subject to the requirements, procedures and licensing
provisions hereinafter provided:
A.
Plot plan required.
(1)
Every application for the establishment, construction, maintenance
and operation of a recreational vehicle park shall be accompanied
by a plan and specifications for the development of such land use,
including, as a minimum, the information required as specified in
this article. Said plan shall be known as the "plot plan." The plot
plan shall be clearly and legibly drawn at a scale of 100 feet or
less to one inch. The plot plan shall be on uniform-sized sheets not
larger than 36 inches by 48 inches. Whenever any proposed recreational
vehicle park development is of such size that more than one sheet
is required, then an index map on the same size sheet, relating to
the entire plot plan, shall accompany these sheets. The Town Board
may impose special conditions for the establishment, construction,
maintenance, operation and occupancy of a proposed recreational vehicle
park prior to and as a condition for the approval of any plot plan
of a proposed recreational vehicle park.
(2)
Where a recreational vehicle park development is proposed for construction
in a series of stages, a master plan for the development of the entire
tract of land shall be submitted along with the detailed plans and
specifications for the initial stage as well as any subsequent stages.
B.
Plot plan preparation requirements. The applicant may choose to present
the following required information on a single plot plan map or on
a series of maps supplemental and integral to the plot plan:
(1)
A key map or sketch showing the location and boundaries of the tract
proposed to be developed for recreational vehicle park purposes as
related to existing roadways in the Town of North Collins within one
square mile of the development site. This can be done by a small insert
at a reduced scale on the plot plan or on one of the aforementioned
supplemental maps.
(2)
The name, address and telephone number of the registered property
owner.
(3)
The name, address and telephone number of the applicant.
(4)
The interest of the applicant in the proposed recreational vehicle
park.
(5)
The name, address and telephone number of the engineer, architect,
landscape architect, surveyor or other qualified person responsible
for the plot plan map and any maps prepared as supplemental thereto.
(6)
The North point, scale and date.
(7)
The location, address and legal description of the entire proposed
recreational vehicle park site.
(8)
The existing zoning of the subject property and all adjacent properties.
(9)
The names and addresses of all adjoining property owners of record
and those within 500 feet of the proposed recreational vehicle park
site.
(10)
The approximate location of watercourses, tree masses, rock
outcrops and existing buildings and the actual location of sewers,
water mains, easements, fire hydrants and existing or platted streets
of record within the proposed recreational vehicle park site and within
500 feet of the applicant's property.
(11)
The topography (United States Geological Survey datum recommended)
on the proposed recreational vehicle park site, showing contours at
vertical intervals of five feet.
(12)
Complete engineering plans and specifications of the proposed
recreational vehicle park, including the name and seal of the registered
professional engineer or surveyor or other qualified person who prepared
such plans and specifications, showing:
(a)
The area and dimensions of the entire tract of land.
(b)
The land uses occupying the adjacent properties.
(c)
The number, size and location of proposed recreational vehicle
sites and other parking areas.
(d)
The location, right-of-way and surfaced roadway width and surfacing
material of all roadways and walkways.
(e)
The proposed interior vehicular and pedestrian circulation patterns.
(f)
The location of sites, if any, to be reserved for outdoor park,
recreation or other such purposes, including the calculated acreage
thereof.
(g)
The location of service buildings, sanitary stations and any
other existing or proposed structures.
(h)
The location of water- and sewer lines and riser pipes.
(i)
Plans and specifications of the water supply, sewage disposal
and refuse facilities and, when required by the Town Board or the
Planning Board, data on subsoil conditions, including the location
and results of tests made to ascertain subsurface soil, rock and groundwater
conditions.
(j)
Plans and specifications of all buildings to be constructed
within the recreational vehicle park.
(k)
The locations and details of lighting, electric and gas systems.
(l)
The location of all drainage easements and a plan for collecting
and discharging storm drainage, to comply with Town and county drainage
plans, if any.
C.
Referral to Planning Board.
(1)
Every applicant for the construction, establishment, maintenance
and operation of a recreational vehicle park shall file with the Town
Clerk the following data.
(a)
A written application to the Town Board for a license for the
occupancy and operation of a recreational vehicle park in the Town
of North Collins and the Town Board's approval of a recreational
vehicle park plot plan for the construction, establishment and maintenance
of a recreational vehicle park in the Town of North Collins, subject
to the provisions of this article and all applicable county and/or
state laws.
(b)
Two copies of any applicant-requested variance from the provisions
of this article, pursuant to the variance power of the Town Board
as stated herein.
(c)
Two copies of the original proposed plot plan, as described
in this section, for such a recreational vehicle park, together with
all information and supporting documentation as stipulated in this
article and all applicable county and/or state laws.
(d)
Two copies of all required written approvals by County and/or
State Health Departments concerning all health and sanitation facilities
to be provided in the applicant's proposed recreational vehicle
park.
(2)
Upon receipt of the application for a license and the request for
Town Board approval of the plot plan, together with all documentation
as indicated above, the Town Clerk shall immediately make the following
referrals.
D.
Review procedures of Planning Board.
(1)
Upon receipt of the recreational vehicle park data from the Town
Clerk, the Planning Board, at its first regular meeting thereafter,
shall consider and begin a complete review of said referral data in
terms of the requirements of this article for the construction, establishment,
maintenance and operation of a recreational vehicle park in the Town.
(2)
For the purpose of its review, the Planning Board may request a meeting
or meetings with the applicant and/or his representative for the purpose
of discussing any portion of the submitted plot plan, the supporting
documentation or any section of this article.
(3)
The Planning Board may make suggestions to the applicant and/or his
representative concerning any revision to the original plot plan the
Planning Board deems desirable.
E.
Report and recommendation to Town Board.
(1)
Within 90 days from the date of first consideration of a recreational
vehicle park application by the Planning Board, at a regular monthly
meeting thereof, the Planning Board shall submit a written report
to the Town Board together with its recommendations on a referred
recreational vehicle park application.
(2)
Said report shall include:
(a)
References, point by point, to any omissions or any other deficiencies
in the original plot plan and/or supporting documentation revealed
during the Planning Board's review thereof and comparison with
the requirements of this article.
(b)
Any Planning Board suggestions made to the applicant and/or
his representative during said review process for revision of the
original plot plan.
(c)
Any Planning Board recommendations concerning the approval,
approval with modifications or conditions attached or disapproval
with reasons therefor of the original or revised plot plan and supporting
documentation.
(3)
The aforementioned ninety-day period of maximum Planning Board review
time, or any approved extension thereof by the Town Board, for the
consideration of a recreational vehicle park plot plan and supporting
documentation shall not include any time during the months of July
and August in any given year.
(4)
The applicant, by simultaneous written communication to the Town
Board and Planning Board, may request a time extension beyond the
aforementioned ninety-day period of Planning Board review, report
and recommendation on a referred recreational vehicle park plot plan
to permit the applicant an opportunity to submit any revised plot
plan or supporting documentation to the Planning Board for its further
review and consideration. If such time extension is requested by the
applicant and subsequently approved by the Town Board, said extension
shall be for no less than an additional thirty-day period.
F.
Public hearing by Town Board.
(1)
Before any final action is taken by the Town Board on the application
for a license and approval of a plot plan for the construction, establishment,
maintenance, operation and occupancy of a recreational vehicle park,
the Town Board shall hold a public hearing thereon. Unless a delay
is approved by the Town Board, said public hearing shall be scheduled
within 120 days of the date of the Town Board's receipt of the
applicant's written application on referral from the Town Clerk.
(2)
The public hearing shall be concerned with the application for the
license, the plot plan and supporting documentation as originally
submitted by the applicant to the Town Clerk, unless revised copies
of the same have been received by the Town Board, have been reviewed
by the Planning Board and are filed with the Town Clerk in advance
of the filing date for legal advertisement of the public hearing.
The cost to the Town for said legal advertisement shall be borne in
its entirety by the applicant. The applicant shall pay to the Town
Clerk, in full amount, said advertising cost at the time of the public
hearing.
G.
Variance power of Town Board.
(1)
Upon written request by an applicant for the establishment construction, maintenance, operation and occupancy of a recreational vehicle park, the Town Board may grant a variance to the provisions of this article, with exception of § 251-4 herein pertaining to the location of a recreational vehicle park, where said Board finds that, because of unusual circumstances of shape of premises, topography of premises or other existing conditions, extraordinary hardship would result from strict compliance with the provisions set forth herein so that substantial justice may be done and the public interest served.
(2)
No variance shall be granted which will have the effect of nullifying
the intent or purpose of this article, applicable county and/or state
health requirements or applicable public safety standards.
(3)
The Town Board shall act to approve or disapprove any such applicant
request for a variance, as set forth above, prior to the scheduling
of any public hearing for the consideration of a proposed recreational
vehicle park in the Town of North Collins.
H.
Approval of plot plan by Town Board.
(1)
Within 60 days of the date of the public hearing held thereon, the
Town Board shall take action to approve, to approve with modifications
or conditions attached or to disapprove with reasons therefor the
plot plan of a recreational vehicle park for which a license has been
applied for.
(2)
Action to approve said plot plan or to approve subject to modifications
and/or conditions attached shall be construed as Town Board authorization
for the establishment and construction of a recreational vehicle park
in the Town of North Collins by the applicant pursuant to the requirements
of this article and applicable county and/or state health and safety
laws and subject to such modifications, attached conditions and variances,
if any, as stipulated in the Town Board action on said plot plan.
(3)
Said action by the Town Board for unrestricted or restricted approval
of a plot plan shall also be construed as a preliminary indication
of the Town Board's intent to formally authorize a license for
the operation and occupancy of a recreational vehicle park, subsequent
to the actual establishment and construction of said recreational
vehicle park, in accordance with the standards set forth herein and
in consideration of any variances therefrom and/or any conditions
attached thereto.
I.
Licensing.
(1)
No area of the Town of North Collins shall be permitted to be used,
operated or maintained as a recreational vehicle park nor shall any
recreational vehicles be permitted occupancy of the premises therein
unless said premises is duly licensed as a recreational vehicle park
by action of and in such manner as prescribed by the Town Board, and
further provided that such license shall be valid at all times.
(2)
No initial license for the operation, maintenance and occupancy of
a recreational vehicle park shall be approved by the Town Board until
all of the following procedures have been completed to the satisfaction
of the Town Board:
(a)
Pursuant to the Town Board's unrestricted or restricted
approval of a recreational vehicle park plot plan, the premises proposed
for a recreational vehicle park is constructed and established in
accordance with the provisions of this article, except for any variances
therefrom as approved by the Town Board, all modifications and/or
conditions attached to the approval of the plot plan by the Town Board
and all applicable county and/or state health and safety laws.
(b)
Subsequent to and in consideration of the procedure outlined in Subsection I(2)(a) above, the enforcement officer shall make an on-site inspection of the premises to determine that all of the requirements for construction, establishment, maintenance, operation and occupancy of a recreational vehicle park have been complied with.
(c)
Subsequent to said inspection as indicated in Subsection I(2)(b) above, the enforcement officer shall file with the Town Board a written report attesting to his inspectional findings. If such inspection uncovers the fact that not all requirements have been complied with, the report shall cite all such deficiencies. If such inspection indicates that all of the requirements have been complied with, the report shall reflect such finding.
(3)
After the procedures as outlined in Subsection I(2)(c) above have been completed, the Town Board shall act to formally approve or to disapprove an application for a license for the operation, maintenance and occupancy of a recreational vehicle park. There shall be no conditional approval for such license. If a license application is disapproved by the Town Board, the reasons for such action shall be stated and communicated in writing to the applicant. Such communication shall indicate what the applicant must accomplish to correct any remaining deficiencies in the establishment, construction and maintenance of a recreational vehicle park prior to any Town Board reconsideration of a recreational vehicle park application for license for approval. Any such Town Board reconsideration of a license application initially disapproved by said Board shall be subsequent to the enforcement officer's reinspection of the premises and the rendering of a favorable report thereon to the Town Board.
(4)
The action of approval of a license application by the Town Board
shall mandate the issuance of a license by the Town Clerk for the
operation, maintenance and occupancy of a recreational vehicle park
in such form as determined by the Town Board.
(5)
The initial license authorized by the Town Board for the operation,
maintenance and occupancy of a recreational vehicle park shall be
for one year from the date of the Town Board's license approval.
Upon the written request of the owner of a licensed recreational vehicle
park, the periodic renewal of the initial license shall be permitted
and shall be of such duration as determined by the Town Board. Any
transfer of ownership of the premises of a licensed recreational vehicle
park shall not affect the status of any valid recreational vehicle
park license nor any subsequent request for license renewal nor be
the basis for any action for license revocation.
(6)
Action by the Town Board for the renewal of a recreational vehicle
park license shall be taken only after a reinspection of the premises
of a licensed recreational vehicle park, at the request of the Town
Board, by the enforcement officer has been completed and said officer
has filed a written report with the Town Board that there are no violations
of this article or applicable county and/or state health or safety
laws at the time of the requested license renewal.
J.
License fees.
[Amended 12-4-1991 by L.L. No. 2-1991]
(1)
The annual license fees applying to licensed recreational vehicle
parks in the Town of North Collins shall be as set forth from time
to time by resolution of the Town Board.
(2)
The Town Board shall determine the total annual license fee for a
licensed recreational vehicle park at the time of its initial license
approval, at the time of any subsequent amendment or revision to the
initial plot plan as approved by the Town Board or at the time of
any approval of a recreational vehicle park license renewal. The Town
Board shall inform the Town Clerk of the total amount of each annual
license fee.
(3)
Before any initial license for a recreational vehicle park is issued,
amended or renewed by action of the Town Clerk pursuant to directive
by the Town Board, the owner, or his representative, of the premises
of a recreational vehicle park shall pay, in total amount, the license
fee due and payable therefor, as determined by the Town Board, to
the Town Clerk.
K.
License revocation.
(1)
Under the conditions and/or findings set forth below, the Town Board
shall have the authority to revoke the license of a licensed recreational
vehicle park in the Town of North Collins. Said action to revoke the
license of a licensed recreational vehicle park shall be communicated
to the owner, or his representative, of a recreational vehicle park
so affected by such action in writing. Upon the revocation of such
license, the premises affected shall forthwith cease to be used for
the purpose of a recreational vehicle park, and all recreational vehicles
shall be removed therefrom within a period of time as indicated by
the revocation action of the Town Board.
(2)
The Town Board may revoke the license of a licensed recreational
vehicle park for the following reasons:
(a)
Without a hearing, based on a written communication from the
Town Clerk filed with the Town Board indicating the failure of the
owner of a recreational vehicle park, or his representative, to pay
the applicable annual license fee in the proper amount and manner
or at any time of payment as stipulated in this article.
(b)
After a hearing, based on the written notice and show-cause
order to a recreational vehicle park licensee as served by the enforcement
officer requiring the licensee to appear before the Town Board at
a time to be specified in such notice and show cause why such license
should not be revoked. The Town Board may, after such hearing, at
which time the testimony and witnesses of the enforcement officer
and the licensee shall be heard, revoke said license if the conditions
described in the original order of the enforcement officer have not
been corrected or if the licensee has violated or caused to have violated
any of the other provisions of this article not so cited in said original
order.
The following considerations and design standards shall be observed
in the preparation of a plot plan for the development of a recreational
vehicle park in the Town of North Collins as required by this article
and subject to review, recommendations and approval by the Town Board
and the Planning Board:
A.
Site restrictions. In the interest of site suitability for recreational
vehicle park development, the following conditions or circumstances
should be considered in the location and design of a recreational
vehicle park:
(1)
Site conditions. The condition of soil, groundwater level, drainage
and topography shall not create hazards to the property or the health
and safety of the occupants. The site shall not be exposed to objectionable
smoke, noise, odors or other adverse influences, and no portion subject
to unpredictable and/or sudden flooding, subsidence or erosion shall
be used for any purpose which would expose persons or property to
hazards.
(2)
Soil and ground cover. Exposed ground surfaces in all parts of the
recreational vehicle park shall be paved or covered with stone screenings
or other solid materials or protected with a vegetative growth that
is capable of preventing soil erosion and of eliminating objectionable
dust.
(3)
Drainage requirements. Surface drainage plans for the entire recreational
vehicle park shall be reviewed by the appropriate county public works
or engineering department or drainage agency, which shall determine
whether the proposed plan is compatible with the surrounding existing
drainage pattern and the county drainage plan, if any, prior to the
approval of any plot plan and the issuance of any recreational vehicle
park license. No plot plan shall be approved nor any license issued
by action of the Town Board where the appropriate county review body,
as referred to above, finds such drainage plan to be incompatible
with surrounding areas.
B.
Park size and density.
C.
Vehicular circulation. Streets in recreational vehicle parks shall
be private. They shall be constructed with a stabilized travel way,
as approved by the Highway Superintendent, and shall meet the following
minimum stabilized travel-way width requirements:
D.
Parking.
(1)
Parking may be permitted on any street in a recreational vehicle
park as long as no hazardous or unsafe conditions are created thereby
to interior traffic circulation in the park or to the temporary occupants
of the park premises.
(2)
No parking, loading or maneuvering incidental to parking or loading
shall be permitted on any public street, sidewalk, right-of-way or
any public grounds or on any private grounds not part of the recreational
vehicle park unless the owner has received written permission for
such use. Each recreational vehicle park shall provide off-street
parking, loading and maneuvering space located and scaled so that
the prohibitions above may be observed.
(3)
At least 1 1/2 parking spaces shall be provided in a recreational
vehicle park per recreational vehicle site. At least one parking space
shall be provided at each such site. Off-street parking may be provided
in common parking areas or on individual recreational vehicle sites.
E.
Entrances and exits.
(1)
No entrance to or exit from a recreational vehicle park shall be permitted through a residential district, as defined on the Zoning Map portion of Chapter 265, Zoning, of the Town of North Collins, nor require movement of traffic from said park through a residential district.
(2)
Entrances and exits to recreational vehicle 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. Entrance or exit driveways shall be located
not closer than 150 feet to the intersection of public streets or
roads.
(3)
No entrance or exit shall require a turn at an acute angle for vehicles
moving in the direction intended, and radii of curbs and pavements
at intersections shall be such as to facilitate easy turning movements
for any type of recreational vehicle. No material impediment to visibility
shall be created or maintained which obscures the view of an approaching
driver in the right lane of the street or road within 100 feet where
the speed limit is less than 45 miles per hour or 150 feet where the
speed limit is 45 miles per hour or more on any portion of the approach
lane of the accessway within 25 feet of its intersection with the
right-hand lane of the street or road.
(4)
It shall be the responsibility of the applicant for a license to
construct, develop, maintain and operate a recreational vehicle park
to provide the necessary access in all cases where there is no existing
improved street or road connecting the recreational vehicle park with
an improved existing public street or road. All recreational vehicle
parks shall be provided with safe and convenient vehicular access
from an improved public street or road. Any street or road improvement
required on or beyond the boundary of the recreational vehicle park
shall be improved in accordance with standards approved by the Highway
Superintendent. The Highway Superintendent shall approve all access
and entrance locations and improvements before the approval and issuance
of any license for a recreational vehicle park by the Town Board.
F.
Accessory uses and service buildings. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses to the park. In addition, stores, restaurants, beauty parlors, barbershops and other convenience establishments shall be permitted as accessory uses in recreational vehicle parks in districts where such uses are not allowed as principal uses under Chapter 265, Zoning, of the Town of North Collins, subject to the following restrictions:
(1)
Such establishments and the parking area primarily related to their
operations shall not occupy more than 5% of the area of the recreational
vehicle park.
(2)
Such establishments shall be restricted in their use to occupants
of the recreational vehicle park.
(3)
Such establishments shall present no visible evidence from any street
or road outside the recreational vehicle park of their commercial
character which would attract customers other than occupants of the
park.
(4)
The structures housing such facilities shall not be located closer
than 100 feet to any public street or road and shall not be directly
accessible from any public street or road but shall be accessible
only from a street or road within a recreational vehicle park.
G.
Open space and recreational areas. A minimum of 8% of all areas within
the boundaries of a recreational vehicle park shall be set aside and
developed as common use areas for open recreational facilities. No
recreational vehicle site, required buffer strip, street or road right-of-way,
storage area or utility site shall be counted as meeting open area
recreational purposes. No building or permanent structure shall be
counted as meeting the open area recreational requirement except a
building or structure that is enclosed and used exclusively for recreational
purposes.
H.
Buffering: setbacks, screening and landscaping.
(1)
Each recreational vehicle park site shall contain a stabilized vehicular
pad. No part of a recreational vehicle placed on a recreational vehicle
park site shall be closer than five feet to any recreational vehicle
park site boundary line. Recreational vehicles shall be separated
from each other and from other structures by at least 10 feet.
(2)
No permanent external appurtenances, such as carports, cabanas or
patios, may be attached to any recreational vehicle parked in a licensed
recreational vehicle park. Such described appurtenances as temporary,
unattached accessory structures may be permitted. When permitted,
such structures shall be considered as part of the recreational vehicle
for the purposes of the separation requirements above.
(3)
Recreational vehicle sites and off-street parking spaces shall not be located within the yard and setback areas required for main buildings in the zoning district of Chapter 265, Zoning, of the Town of North Collins, in which recreational vehicle parks are permitted as a special use, except that no recreational vehicle site shall be located nearer than 25 feet to a recreational vehicle park property line abutting upon a public street or road or closer than 12 feet to any other recreational vehicle park property line.
(4)
Each recreational vehicle park shall set aside along the perimeter
of the park the following areas, which shall be landscaped and used
for no other purpose:
(a)
Minimum recreational vehicle park front setback: 100 feet.
[Amended 12-4-1991 by L.L. No. 2-1991]
(b)
Minimum recreational vehicle park side setback:
(c)
Minimum recreational vehicle park rear setback: 25 feet, except
that when the rear yard abuts a residential zoned district, the minimum
rear setback shall be 50 feet.
(5)
Where needed to enhance aesthetics or to ensure public safety, the
recreational vehicle park may be enclosed by a fence, wall, hedge,
landscape screening, earth mounds or by other designs as required
and approved by the Town Board which will complement the landscape
and assure compatibility with the adjacent environment.
The following regulations relating to water supply, sewage disposal,
sewage collection, refuse disposal, insect and rodent control, fires,
sanitary facilities, service buildings, privies and safety shall be
in effect in all recreational vehicle parks at all times in the Town
of North Collins:
A.
Water supply.
(1)
The water supply shall be designed, constructed and maintained in
compliance with all regulations and recommendations of the County
Health Department to provide a safe, potable and adequate supply of
water.
(2)
The water supply shall not be connected to any nonpotable water supply
nor be subject to any backflow or backsiphonage.
(3)
No surface or stored water supply shall be used unless approved by
the County Health Department. When approved for use, transported water
shall be obtained from an acceptable source, stored and dispensed
in an approved manner and shall contain a free chlorine residual of
at least zero and 0.2 part per million at all points in the water
system.
(4)
Wells equipped with a hand pump shall be of the enclosed self-priming
or sealed interior type pump with a closed downward directed spout.
The well casing shall be protected by extending the casing at least
one inch above the face of the pump flange and by a concrete apron
graded to drain wastewater away from the well. Open pitcher pumps
are not permitted.
(5)
Where water is distributed under pressure, the water supply system
shall deliver water at a minimum pressure of at least 20 pounds per
square inch and a minimum flow of at least one gallon per minute at
all outlets.
(6)
The water supply shall deliver the following minimum volumes:
(a)
One hundred gallons per day per recreational vehicle site (RV
site) with individual water connections and where flush toilets are
used in the recreational vehicle or in the service building.
(b)
Seventy-five gallons per day per recreational vehicle site where
faucets are provided in common and centralized flush toilets in a
service building are used.
(c)
Fifty gallons per day per recreational vehicle site where faucets
are provided in common and privies are used.
(d)
Twenty-five gallons per day per picnic site or five gallons
per person per day in recreational areas with common faucets and flush
toilets.
(e)
Three gallons of water per person per day in a picnic or recreational
area with common faucets and privies.
(7)
Water service lines, riser pipes and valves shall be installed and
protected from damage by freezing, ground movement, vehicles or other
damage sources. Shutoff valves and drain valves installed for draining
the system and the water service distribution lines shall be so arranged
that water will be available to those recreational vehicle sites being
occupied during low-temperature winter periods. Underground stop and
waste valves are not permitted and shall not be installed on any water
service.
(8)
Where water connections are provided at each recreational vehicle
site and there are individual sewer connections, the riser pipe shall
be at least 1/2 inch in size and shall extend at least four inches
vertically above the ground elevation. It shall be equipped with a
one-half-inch valve outlet with a threaded male spigot for attaching
a standard garden hose.
(9)
Where individual water connections are not provided, common-use water
faucets shall be conveniently accessible and located not more than
150 feet from any recreational vehicle site.
(10)
Drinking fountains, if provided, shall be approved angle-jet
types with adequate water pressures.
(11)
Spillage, overflow, drainage or wastewater from faucets and
drinking fountains shall be discharged to approved drains to prevent
impoundment of water, creation of mud holes or other nuisance conditions.
(12)
A water station for filling recreational vehicle water storage
tanks shall be provided at the rate of one station for every 100 recreational
vehicle sites or part thereof. These shall be located not less than
50 feet from a sanitary station. The station shall be posted with
signs of durable material, not less than two feet, which state: "Potable
Water — Do Not Use to Flush RV Waste Tanks." Such water stations
shall consist of at least a three-fourths-inch pipe and valve outlet
and shall be protected against the hazards of backflow and backsiphonage
by an approved vacuum breaker located downstream from the shutoff
valve. The fill hose shall be suspended so that no part of the hose
and its appurtenances will come into contact with the ground. A sign
shall be posted at the entrance indicating the provision of a sanitary
station and water station.
B.
Sewage disposal.
(1)
Facilities shall be provided and properly maintained for the collection
and disposal or treatment and disposal of sewage.
(2)
Where a public sewer system is available, all plumbing fixtures,
building sewers and recreational vehicle park sewers shall be connected
thereto. If a public sewer system is not available, a private sewage
collection and disposal facility meeting the requirements of the County
Health Department and other applicable local government sewage disposal
requirements shall be installed, and all building sewers and recreational
vehicle park sewers shall be connected thereto.
(3)
Solid and liquid wastes shall not be discharged or otherwise disposed
of on the surface of the ground or into any well, cave, open ditch,
stream, lake or reservoir.
C.
Sewage collection.
(1)
Sewage collection lines shall be laid in trenches of sufficient depth
to be free of breakage from traffic, ground movement, agricultural
activity or other sources of damage and shall be separated from the
water supply system by a horizontal distance of 10 feet and a vertical
elevation of two feet below waterlines at crossing points, unless
pressure sewers are used.
(2)
The sewer lines shall be connected with approved materials with adequate
vents, watertight joints and sufficient cleanouts. All sewer lines
shall have a minimum diameter of six inches, except that a sewer lateral
which serves no more than 25 individual sewer connections for individual
recreational vehicle sites or no more than five toilet connections
may be four inches in diameter.
(3)
Sewers shall be installed at a grade of at least 1/8 inch per foot
to ensure a velocity of two feet per second when flowing full. Horizontal
drainage lines connecting with other horizontal drainage lines shall
enter through forty-five-degree Y-branches or other combinations of
equivalent sweep.
(4)
Cleanouts or manholes shall be provided at the upper end of each
main sewer line, at intersections of two or more sewer lines, at changes
in grade or alignment of more than 45° and at intervals of not
more than 400 feet.
(5)
Individual sewer connections shall have a four-inch inside diameter
sewer lateral and riser pipe with the surrounding ground graded to
drain from the rim of the riser pipe. The sewer lateral shall be properly
trapped and vented if recreational vehicles without individually trapped
and vented plumbing fixtures are accommodated.
(6)
Dependent recreational vehicles with a drain hose less than three
inches in diameter shall be connected with reducers and a screw or
clamp-type fittings.
(7)
Drain outlets from independent recreational vehicles shall be capped
or connected with a durable, readily cleanable, nonabsorbent, corrosion-resistant
drain hose having an inside diameter of not less than three inches.
The sewer service connection shall be installed and maintained with
a grade not less than 1/4 inch per foot.
(8)
When the recreational vehicle site is not occupied, the sewer riser
pipe shall be adequately covered.
(9)
A flushing sink or other means of disposal shall be provided for
disposal of liquid wastes from dependent recreational vehicles, unless
a sanitary waste station is provided and is conveniently located.
The flushing sink shall be easily accessible and located at a distance
of not more than 300 feet from any recreational vehicle site. The
sinks shall not be located in a room containing toilet, lavatory or
bathing facilities, and toilets shall not be used for cleaning fish
and food and washing dishes, utensils, clothing or other articles
of household use.
(10)
A sanitary waste station shall be provided for each 100 recreational
vehicle sites or part thereof not equipped with individual sewer connections.
Unless other approved means are used, the sanitary station shall be
designed and constructed to include the following:
(a)
Easy ingress and egress from a service road for recreational
vehicles and a location not less than 50 feet from a recreational
vehicle site.
(b)
Connection to the sewer system by a trapped four-inch sewer
riser pipe vented not more than 10 feet downstream from the trap by
a four-inch vent, adequately supported and extending at least eight
feet above the ground surface.
(c)
The sewage inlet surrounded by a curbed concrete apron or trough
of at least three by three feet, sloped to the inlet, and provided
with a suitable hinged cover milled to fit tight.
(d)
A means for flushing the immediate area and a recreational vehicle
holding tank consisting of a properly supported water riser pipe terminating
two feet above the ground with a 3/4 inch valved outlet and attached
hose. The water outlet shall be protected against backsiphonage and
backflow by an approved vacuum breaker installation located downstream
from the shutoff valve.
(e)
A sign, constructed of durable material and not less than two
feet square, posted adjacent to the water flushing outlet and inscribed
with the warning: "Unsafe Water Facility."
(11)
The plumbing shall be installed in accordance with county and/or
Town plumbing codes.
D.
Refuse disposal.
(1)
The storage, collection and disposal of refuse shall be performed
so as to minimize accidents, fire hazards, air pollution, odors, insects,
rodents or other nuisance conditions.
(2)
Durable, watertight, easily cleanable refuse containers sufficient
to contain all the refuse shall be provided at each service building
and sanitary waste station or at a central storage area readily accessible
and located not more than 300 feet from a recreational vehicle or
picnic site unless provided at the recreational vehicle site. Refuse
containers shall be provided at the rate of eight cubic feet (60 gallons)
for each five recreational vehicle sites or the equivalent thereof
if containers are provided at individual sites.
(3)
Unless refuse is collected daily, the containers shall be covered
with close-fitting flytight covers.
(4)
Refuse shall be collected and removed from the premises as often
as necessary, but not less than once weekly during the recreational
vehicle park occupancy, and disposed of at a lawful disposal site.
(5)
Where burning is permitted, combustible refuse can be burned in approved
fireplaces.
(6)
Refuse incinerators, where permitted, shall be isolated from vehicular
and pedestrian traffic, and construction shall be reviewed by the
appropriate county department and/or agency.
E.
Insect and rodent control. Insects and domestic rodents shall be
controlled by elimination of breeding and harborage sources, proper
sanitary practices, extermination, verminproofing of buildings and
other approved control methods.
F.
Fires; cooking and eating facilities.
(1)
Fires.
(a)
Fires will be permitted only in facilities which have been provided
for such purposes or where open fires are allowed.
(b)
Fireplaces, fire pits, charcoal braziers, wood-burning stoves
or other cooking facilities shall be located, constructed, maintained
and used to minimize fire hazard and smoke nuisance in the recreational
vehicle park and the neighboring properties.
(c)
No fire shall be abandoned, left unattended or allowed to become
a hazard to trees, vegetation, camping equipment or adjacent recreational
vehicle sites.
(d)
Fires shall be completely extinguished before the recreational
vehicle site is vacated.
(e)
No fuel shall be used and no material burned which emits dense
smoke or objectionable odors.
(f)
Flammable liquids shall be stored in metal containers approved
by the appropriate fire underwriters agency.
(2)
Tables shall be of durable, nontip construction and finished with
a smooth, readily cleanable, weather-resistant material.
G.
Sanitary facilities.
(1)
Where water under pressure is available, sanitary facilities shall
be provided and installed in accordance with applicable county plumbing
codes.
(2)
Where water under pressure is not available equivalent facilities,
including privies, where not prohibited by state, county or Town regulations,
shall be provided and installed in accordance with requirements of
the County Health Department.
(3)
Required toilet, lavatory and bathing facilities shall be provided
in the following minimum numbers:
(a)
In every recreational vehicle park, there shall be at least one toilet for each sex, except as permitted in Subsection I herein.
(b)
A water supply shall be provided by a hand pump or water spigot
approved by the County Health Department.
(c)
Where a recreational vehicle park is designed and operated for
exclusive use by independent or self-contained recreational vehicles
only, at least one toilet and one lavatory shall be provided for each
sex at the rate of one for every 100 recreational vehicle sites or
fractional part thereof.
(d)
Where a recreational vehicle park accepts or accommodates dependent
camping vehicles and camping equipment campers, at least one toilet
and one lavatory shall be provided for each sex at the rate of one
each for every 15 recreational vehicle sites or fractional part thereof,
and one shower shall be provided for each sex for every 30 recreational
vehicle sites or fractional part thereof. Lavatories shall be provided
at each building containing toilet facilities.
(e)
Toilets and lavatories shall be provided for each sex at the
rate of one for every 30 picnic spaces and one for each 100 persons
in a recreational area having concentrated numbers of people.
(4)
Urinals may be substituted for up to 1/3 of the required number of
toilets. Men's toilet rooms shall include urinals where more
than two toilets are required. Twenty-four inches of trough urinals
shall be considered the equivalent of one urinal.
(5)
Twenty-four inches of a wash sink shall be considered the equivalent
of one lavatory. Laundry tubs and service sinks will not be acceptable
substitutes for lavatories.
H.
Service buildings.
(1)
Service buildings shall be constructed of easily cleanable, nonabsorbent
materials, maintained in good repair and in a clean and sanitary condition.
They shall be conveniently located at a distance of not less than
10 nor more than 400 feet from any dependent camping vehicle site
or persons served in a recreational area.
(2)
Separate rooms containing required plumbing fixtures shall be provided
for each sex and clearly marked "men" and "women." If located in the
same building, they shall be separated by a solid, sound-resistant
wall extending from floor to ceiling. The entrances shall be so designed
so that the plumbing fixtures are not visible from the outside. A
landing shall be provided beyond each exterior door opening and shall
have a width and length not less than the door opening.
(3)
The floors of service buildings shall have a smooth, impermeable
and easily cleaned surface sloped to drain. Floor drains, properly
trapped, shall be provided in all shower baths and shower rooms to
remove wastewater and to facilitate cleaning. The walls and ceilings
of such buildings shall be finished, and the walls shall have a smooth,
nonabsorbent, easily cleanable surface extending to a height of four
feet in toilet rooms and six feet in shower rooms.
(4)
Every service building shall have a minimum ceiling height of 7 1/2
feet.
(5)
Every service building shall have at least one window with a direct
and unobstructed opening to the outside for natural light and ventilation,
unless other approved means of light and ventilation to the outside
air are provided.
(6)
When necessary for exclusion of flies, mosquitoes and other insects,
all exterior openings of service buildings shall be protected with
fly screening of not less than 16 mesh per square inch, unless other
approved protective devices are provided.
(7)
Every service building shall be provided with at least one ceiling-type
light fixture, at least one separate double convenience outlet adjacent
to the lavatories and a light fixture at the outside entrance of the
service building. All lights shall have wall switches; no pull cords
shall be allowed.
(8)
Illumination levels of at least 30 footcandles shall be maintained
at lavatory mirrors and laundry-room work areas and at least five
footcandles shall be maintained for general seeing tasks and at the
service building entrance area.
(9)
Where climatic conditions require artificial heating, service buildings
shall be provided with approved heating facilities which are properly
installed, maintained in a safe working condition and capable of maintaining
a room temperature of 68° F.
(10)
Toilets and showers shall be separately installed to be individually
accessible and to permit simultaneous use.
(11)
Each toilet shall be individually partitioned with a door to
ensure privacy. The compartment shall be at least 30 inches in width,
and there shall be at least 24 inches of clear space in front of a
toilet. The dividing partitions shall be at least five feet in height
with not less than six inches nor more than 12 inches separating the
partition bottom and the floor. Toilets shall be provided with open-front
seats.
(12)
Each shower shall be individually partitioned with a curtain,
screen or door to afford privacy.
(13)
Shower floors shall be skid-resistant or provided with disposable
or with nonslip impervious mats. Wooden racks (dust boards) over shower
floors are prohibited. Where impervious mats are used, they must be
cleaned, dried and kept off the shower floor when not in use.
(14)
Shower stalls shall not be less then 30 inches by 30 inches
in area and shall be constructed to prevent water flow into the dressing
room space.
(15)
Dressing room space, screened from view and equivalent to the
size of the shower floor area, shall be provided adjacent to the bathing
facilities and shall be equipped with a bench and clothes hook.
(16)
Hot and cold water under pressure shall be supplied to all required
plumbing fixtures, except that cold water only shall be supplied to
toilets. Tempered water may be delivered to showers and sinks to conserve
heated water and heating equipment. The system shall be designed to
prevent discharge of water in excess of 120° F. at shower heads.
(17)
Hot-water heating facilities shall have the capacity to provide
a minimum of three gallons of hot water at 100° F. rise per hour
per each recreational vehicle site during times of peak demand.
(18)
Required plumbing fixtures shall be maintained in good working
order and in a clean and sanitary condition. Every service room containing
sanitary fixtures shall be provided with a wastebasket.
(19)
Toilets shall be provided with a toilet paper holder or dispenser
and a supply of toilet paper and a covered receptacle, and lavatory
areas shall be provided with clothes hooks, shelves and trash receptacles.
(20)
Service building construction shall conform to existing Town
building codes and/or county or state building regulations and such
specifications therein for making buildings and facilities accessible
to and usable by the physically handicapped.
I.
Privies. Regulations regarding privies, where permitted in semiprimitive
and semideveloped recreational vehicle parks, shall be as follows:
(1)
Privies shall be located not less than 50 feet nor more than 400
feet from any recreational vehicle site or building where food is
prepared or served and shall be so constructed and maintained as to
meet the requirements of applicable Town regulations and the requirements
of the County Health Department.
(2)
Vault privies shall not be located less than 50 feet from any well
or spring nor less than 25 feet from any lake, stream or watercourse.
Earth or pit privies shall be rodentproofed and shall not be located
less than 100 feet from any well or spring nor less than 50 feet from
any lake, stream or watercourse.
(3)
Privies shall be constructed of readily cleanable materials and provided
with tight-fitting, self-closing doors and impervious floor, risers
and seats. They shall be flytight and maintained in good repair and
in clean condition.
(4)
Each privy building and vault shall be ventilated, and risers and
seats shall be so designed and constructed as to facilitate convenient
use and proper sanitation. The privy building shall be provided with
a window or translucent ceiling or wall paneling to transmit natural
or yard area lighting.
(5)
Separate privy facilities shall be provided for each sex, and the
privy seats for each sex shall be provided in the ratio of not less
than one such unit for each 15 recreational vehicle sites. Toilet
paper shall be provided.
(6)
In isolated campgrounds or recreation areas limited to infrequent
or casual use and where access is by foot, horseback or trail vehicles,
one privy or toilet may be utilized by both sexes.
J.
Safety.
(1)
All electrical wiring, equipment and appurtenances shall be installed
and maintained in accordance with Town, county, state or national
electrical codes.
(2)
Liquid petroleum gas, fuel oil, gasoline and other flammable liquids
shall be handled and used in a safe manner and shall not be stored
inside or beneath any recreational vehicle or within five feet of
a door of a recreational vehicle.
(3)
The grounds, building and related facilities shall be constructed,
maintained and used in accordance with applicable Town, county and
state fire prevention regulations.
(4)
Play equipment, when provided for children, shall be designed for
safety, maintained in good repair and located in areas free from hazards.
(5)
Stables and corrals shall be located on a well-drained site and located
at least 50 feet from any recreational vehicle site or food preparation
area. Horses and large animals shall be kept in a manner to prevent
hazards to inquisitive children and to prevent hazards to air or water
pollution or nuisance conditions.
In addition to the aforementioned requirements and regulations herein, as stipulated in §§ 251-6, 251-7 and 251-8, the following supplemental regulations and restrictions shall apply to any recreational vehicle park located in the Town of North Collins:
A.
Tenting. Tents may be permitted in a licensed recreational vehicle
park subject to the provisions of an approved recreational vehicle
plot plan.
B.
Unoccupied recreational vehicles. Storage of unoccupied recreational
vehicles, not for sale or rental, may be permitted on the premises
of a licensed recreational vehicle park during the times said recreational
vehicle park is officially closed by action of the owner and/or the
agent of the owner of a licensed recreational vehicle park, or by
the Town, during any given twelve-consecutive-month period.
C.
Location of recreational vehicles in a recreational vehicle park.
No occupied recreational vehicle shall be located in a licensed recreational
vehicle park in any area other than on a recreational vehicle site
as shown on an approved plot plan or as such plot plan may be duly
amended.
D.
Temporary occupancy during construction.
(1)
Upon written request by the applicant filed with the Town Board and
after the unrestricted or restricted approval of a recreational vehicle
park plot plan by the Town Board and prior to the issuance of any
license therefor by the Town Board, the Town Board may permit the
temporary occupancy of the premises of an unlicensed recreational
vehicle park during the period of construction and establishment of
said recreational vehicle park by the owner, his resident manager
and/or workmen temporarily residing in recreational vehicles while
engaged in such construction.
(2)
In such cases, the maximum number of such persons or workmen and
the duration of their temporary residence on said premises shall be
determined by the Town Board. Furthermore, such temporary residence
by said persons or workmen shall be subject to any conditions therefor
as prescribed by the Town Board in approving such temporary occupancy,
inspection of the premises by the enforcement officer as directed
by the Town Board and the possible revocation of the permission for
temporary occupancy by action of the Town Board.
E.
Length of stay. Since § 251-2 of this article clearly indicates that the intent of this article is to provide suitable premises for recreational vehicle park development in the Town to accommodate persons temporarily residing in recreational vehicles on a seasonal basis for the purposes of recreation, camping or vacation; now, therefore, no person, other than the owner or a resident manager, shall be permitted to be a resident of a licensed recreational vehicle park, occupying a recreational vehicle therein for a period of more than eight months in any given twelve-month period.
F.
Proper park maintenance. Recreational vehicle parks shall at all
times be maintained in a clean, sanitary and safe manner in accordance
with the provisions of this article and with any other requirements
imposed as a condition of granting a license or the renewal thereof.
Nothing in this article shall be construed to abrogate any of the
provisions of the public health rules and regulations of the Erie
County Health Department or of the public health laws of the State
of New York, as the same may be hereafter amended. In the event of
inconsistencies existing between the provisions of this article and
said county or state code or law, said code or law shall govern.
G.
Alteration or extension.
(1)
A licensed recreational vehicle park may be altered or rearranged
within the premises originally licensed with the approval of the Town
Board pursuant to an approved revised plot plan for such alteration
or rearrangement, provided that said alteration or rearrangement is
in compliance with all provisions of this article. Said approval or
disapproval action by the Town Board shall be subsequent to the referral
of said revised plot plan to the Planning Board for review, recommendations
and report back to the Town Board. The Town Board shall determine
if the changes indicated in the revised plot plan are of sufficient
magnitude as to warrant a public hearing on the revised plot plan
prior to Town Board action thereon.
(2)
A licensed recreational vehicle park may be expanded or extended
beyond the premises originally licensed with the approval of the Town
Board pursuant to an approved plot plan for such expansion or extension,
provided that any such expansion or extension is in compliance with
all provisions of this article. Action by the Town Board in processing
any such request shall be the same as the procedures as outlined above
for an alteration or rearrangement of a recreational vehicle park,
with the exception that a public hearing shall be held thereon prior
to any final action by the Town Board to approve or disapprove a requested
expansion or extension.
H.
Recreational vehicle park identification sign. Each recreational
vehicle park established and operated in the Town of North Collins
pursuant to a license therefor as approved by the Town Board shall
be entitled to erect one freestanding identification sign not to exceed
32 square feet in area. The inscription on said sign shall only include
the official name, logo or such other wordage identifying the recreational
vehicle park on the premises, the street or road address of the recreational
vehicle park and, optionally, any indication of vacancy or no vacancy
for recreational vehicles on the premises. Such sign shall not be
placed within 25 feet of any lot line or street line. Such sign, if
illuminated, shall be illuminated only by a nonflashing indirect source
of light from a concealed location.
Unless otherwise directed by the Town Board, the administration,
enforcement, inspections and violations cited pursuant to this article
shall be conducted and regulated as stipulated below:
A.
Administration and enforcement.
(1)
The Town Clerk and the enforcement officer are directed to maintain
one copy of this article and all revisions and amendments thereto
in their respective offices where they may be inspected by any interested
person.
(2)
It shall be the duty of the Town Clerk to perform all tasks assigned
to the Town Clerk by the provisions of this article. Among other duties,
the Town Clerk shall collect, record and turn over to appropriate
Town officials all moneys received from public hearing fees, license
applications and renewals and such other certifications as provided
for in this article or as required by the Town Board.
(3)
Unless otherwise provided by action of the Town Board, the Code Enforcement
Officer shall be the enforcement officer of this article. It shall
be the duty and responsibility of the enforcement officer to perform
all tasks assigned to the enforcement officer by the provisions of
this article or as required by the Town Board.
B.
Inspections and violations.
(1)
The enforcement officer shall have the authority to inspect or cause
the inspection of any and all premises in the Town of North Collins
planned or licensed for recreational vehicle park usage under the
following conditions:
(a)
Pursuant to all applicable provisions of this article.
(b)
As directed by action of the Town Board.
(c)
As requested by the applicant, the owner or his representative
or any resident manager of a licensed recreational vehicle park.
(d)
Upon the request or complaint of any citizen or resident in
the Town of North Collins, temporary or otherwise, residing within
or outside the premises of a licensed recreational vehicle park.
(e)
On the volition of the enforcement officer at any time where
such enforcement officer has knowledge of or suspects the possible
violation of any provision of this article or directive of the Town
Board affecting any recreational vehicle park.
(2)
If, during the inspection of the premises of a recreational vehicle park, the enforcement officer finds that such recreational vehicle park is not being maintained in a clean, orderly, sanitary and safe condition or that such recreational vehicle park is not being operated in accordance with the provisions of this article, the enforcement officer shall serve the licensee, his agent or employee an order, in writing, directing that the conditions therein specified be remedied within a period of five days after service of such order. If, after the expiration of said period, such conditions are not corrected in accordance with said order, the enforcement officer shall serve notice, in writing, upon such recreational vehicle park licensee or his agent requiring the licensee to appear before the Town Board at a time and date to be specified in such notice and show cause why such license should not be revoked, according to the procedures set forth in § 251-6K(2)(b) of this article.
A.
No person may interfere with, obstruct or hinder the enforcement
officer or any other authorized person proceeding in the discharge
of his or her official duties with respect to or in the enforcement
of the provisions of this article.
B.
Failure to comply with any of the provisions of this article is hereby
declared to be an offense. Every person convicted of an offense for
a violation of any of the provisions of this article shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
[Amended 12-4-1991 by L.L. No. 2-1991]
C.
The prosecution or conviction for any violation of a provision of
this article or the imposition of any fine or imprisonment shall not
excuse such violation or permit the same to continue unremedied or
prevent the revocation of any license, certificate or permit issued
pursuant to this article.
D.
In addition to other remedies, the Town of North Collins may institute
any appropriate action or proceeding, legal or equitable, as may now
or hereafter be provided or authorized by law to enforce this article
or prevent or restrain a violation thereof.
