[HISTORY: Adopted by the Town Board of the Town of Delaware 1-14-1988 by L.L. No.
3-1988. Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety
and general welfare of the community, including the protection and
preservation of the Town of Delaware and of its inhabitants, by establishing
specific requirements and regulations governing 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 meanings ascribed to them in this section:
The development of a lot, tract or parcel of land for the
purpose, whether immediate or future, of lease, rent, sale or transfer
of ownership, for the purpose of providing a site for recreational
vehicles and tents for transient use. Campgrounds, recreational vehicle
parks, primitive camping facilities and other similar facilities shall
fall under this definition. This definition is not, however, intended
to cover second-home communities of single-family dwellings or mobile
home parks.
Transient campgrounds or RV parks are publicly operated facilities
or businesses offering sites with the usual accessory recreational
and service facilities, not normally including eating facilities,
for use for tent camping and/or recreational vehicle camping by the
public at large on a transient basis. Sites are rented on a daily
or weekly basis.
Nontransient campgrounds or RV parks are planned private communities
with recreational and service facilities, including central water
and sewer facilities, and usually a restaurant and/or bar, lounge,
chapel and community hall 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.
A lot within a campground or RV park used for tent camping
or as a site for recreational vehicles; or a tract of land otherwise
offered by the developer or operator through sale, lease, rent, membership
or other means for camping purposes.
A natural person, corporation, partnership, association or
other entity.
[Added 4-11-1991 by L.L. No. 2-1991]
A vehicular 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, truck camper, and motor home.
A.
No person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Delaware, shall use or
allow the use of such land for a campground or RV park unless a license
has been obtained as herein provided.
B.
Issuance of license.
(1)
The Town Building Inspector of the Town of Delaware shall issue a license after approval of the application by the Town Planning Board pursuant to special use/site plan review criteria as provided in Chapter 220, Zoning, of the Code. Said license shall be effective from the date of issuance until surrendered by the licensee or revoked by the Building Inspector.
(3)
The license shall be transferred to a new owner of a campground or
RV park, providing all of the requirements of this chapter are satisfied.
C.
Supplemental license.
(1)
Any person holding a license for a campground or RV park who desires
to add additional lots to such park shall file an application for
a supplemental license.
(2)
The application for such supplemental license must be accompanied
by four sets of plans and specifications and shall be filed and processed
as provided herein for new campgrounds or parks.
(3)
When approved, the Town Building Inspector shall issue a supplemental
license, which will be effective from the date of issuance and continue
until surrendered by the licensee or revoked.
D.
The applicant shall pay the Town a fee to be established by resolution
of the Town Board.
A.
Each application for a campground or RV park license shall be in
writing and signed by the applicant.
B.
Four copies of the application and plans and related information
shall be filed with the Building Inspector on a form supplied by the
Building Inspector. No application shall be deemed filed until all
required information shall have been filed with the Town of Delaware
Planning Board. The Planning Board shall advise the applicant of any
deficiencies promptly.
C.
The Building Inspector promptly shall transmit copies of the application and plans to the Town Planning Board, which shall process the application pursuant to the special use/site plan review requirements of Chapter 220, Zoning.
D.
The Building Inspector, within 45 days of the filing of the Planning
Board decision, shall issue the license, provided all other requirements
of this chapter are met. The Planning Board may extend the time to
review such application for an additional 45 days.
E.
If the application is disapproved, the applicant shall have the right
to appeal to the Zoning Board of Appeals. Any disapprovals shall be
in writing and include the reasons therefor. The Building Inspector
shall not issue a license in any instance where the Planning Board
has not approved the site plan.
A.
Each application shall be accompanied by four complete sets of plans
which are prepared by a licensed land surveyor, engineer or professional
planner.
B.
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 applicant is an association or
corporation.
(2)
The description of the land that is proposed to be used as a campground
or RV park, together with a map showing its location in the Town.
(3)
The number of 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 a written statement signed
by the owners consenting that the premises be used for a campground
or RV park.
C.
Four copies of a location map shall be presented with the application,
which map shall show all land within 300 feet of the 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 park.
D.
Proposed development. The application shall be accompanied by four
copies of a location map, showing the following:
(1)
The location and widths of all entrances, exits and streets.
(2)
The location, size and arrangement of each lot within the 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.
A.
Minimum development area. A campground or RV park shall have a gross
area of at least five contiguous acres of land in single ownership
or under unified control.
B.
Screening requirements. All campgrounds and RV parks shall provide
and maintain a vegetative screening strip of planted or natural growth
along all property boundary lines. Such screening shall be at 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 material shall be
required and approved by the Planning Board.
C.
Lot and siting requirements.
(1)
RV vehicle sites or campsites shall be at least 50 feet wide and
100 feet deep, excepting transient campgrounds or RV parks, which
sites may be clustered. Gross density, however, shall not exceed a
total of eight sites per acre for the development. Frontage on culs-de-sac
may be varied.
(2)
Individual campground or RV park lots or campsites shall be separated from service building structures and other occupied buildings and structures by a minimum distance of 50 feet. Also, notwithstanding the requirements of Subsection B above, no recreational vehicle or tent platform shall be located closer than 25 feet to the street right-of-way, closer than 25 feet to any other recreational vehicle or tent platform or 200 feet to any adjacent property line.
D.
Off-street parking requirements. At least two off-street parking
spaces shall be provided for each site, at least one of which spaces
shall be provided on the lot itself.
E.
Streets.
(1)
Nontransient campgrounds or RV parks. The residential street design standards contained in the Town of Delaware Subdivision Regulations (Chapter 186) shall apply to streets within nontransient campgrounds and RV parks.
(2)
Transient campgrounds or RV parks. Transient recreational land development
streets shall be not less than 50 feet in right-of-way width and shall
be cleared, graded and constructed as required by the Town Planning
Board upon recommendation of the Town Engineer, based upon the size
of the campground or RV park, site conditions and type of development
proposed (i.e., primitive tent camping or RV camping).
F.
Sewage and water supply. No individual on-site sewage or water supply
shall be permitted, and all community systems for the common use of
campsite occupants shall fully comply, as evidenced by approved plans,
with standards imposed by the New York State Department of Health
and the Town of Delaware.
G.
Other regulations. The following additional regulations shall apply
to all campgrounds or RV parks:
(1)
Appurtenances. No permanent external appurtenances, such as carports,
cabanas or patios, may be attached to any recreational vehicle parked
in a campground or RV park. The removal of wheels or placement of
an RV on a foundation in such a park is prohibited.
(2)
Location. No entrance or exit from an RV park shall discharge traffic
into a densely populated 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 200 feet of
frontage on a state, county or Town highway is required.
(3)
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 satisfy this requirement.
(4)
Entrances and exits. Entrances and exits to campgrounds or RV parks
shall be designed for safe and convenient movement of traffic into
and out of the park and to minimize interference 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 trailers
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.
(5)
Parking areas. In connection with the use of any 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, or any private grounds
not part of the campground or RV park unless the owner shall have
given written permission for such use. Each campground or RV park
operator shall provide off-street parking, loading and maneuvering
space located and sealed so that the prohibitions above may be observed
and shall be responsible for violations of these requirements.
(6)
Occupancy. Campsites shall be used only for camping purposes. No
improvement or any mobile home designed for permanent occupancy shall
be erected or placed on any campsite. All recreational vehicles in
the development shall be maintained in a transportable condition at
all times. Any action toward removal of wheels or to attach the recreational
vehicle to the ground for stabilization purpose is hereby prohibited.
Moreover, no campsite shall be occupied for more than six consecutive
months, and no campsite shall be the primary and principal residence
of the owner or any other occupant; each campsite is to be used and
occupied (except for occasional guests) for camping and recreational
purposes only by a single household. The Town Building Inspector may
require any owner to remove a recreational vehicle from the campground
for a period of seven days, unless such owner can prove a prior removal
within the immediately preceding six months. These requirements shall
be attached to each campsite sale or membership in nontransient campgrounds
or RV parks by restrictive covenant.
(7)
Records. The management of every campground or RV park shall be responsible
for maintaining accurate records concerning the occupancy of all campsites.
The term "management" shall include associations of property owners
when such are responsible for maintenance and operation of common
facilities. The Town Building Inspector shall have access to and the
right to inspect records for evidence of permanent residency or lack
thereof. The Town Board and/or Building Inspector shall, in addition,
have the authority when any provision of this chapter is violated
to prohibit the occupancy of any and all campsites in a recreational
development until the owners and/or management provide evidence of
compliance with these provisions.
(8)
Sanitary waste disposal. No owner or occupant of any campsite or
campground or RV park lot shall permit or allow the dumping or placement
of any sanitary or other waste anywhere upon any campsite or elsewhere
within the development, except in places designated therefor. No outside
toilets shall be erected or maintained on any campsite. Plumbing fixtures
within any recreational vehicles placed upon lots in the campground
or RV park shall be connected to the sewage disposal system of the
development. As an alternative, dumping stations may be provided consistent
with standards of the New York Department of Health and subject to
such conditions as may be imposed by the Planning Board for this purpose.
Sanitary facilities, including toilets, urinals and showers, shall
be provided within 600 feet of each lot or campsite.
(9)
Fences. All property lines within the development shall be kept free
and open; and no fences, except as may be required by screening sections
or 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.
(10)
Nuisances. No noxious or offensive activities or nuisances shall
be permitted on any campsite.
(11)
Animals. No animals shall be kept or maintained on any campsite
except the usual household pets. Pets shall be kept confined so as
not to become a nuisance.
(12)
Garbage and refuse disposal. No person shall burn trash, garbage
or other refuse on any campsite. All such refuse shall be placed and
kept in airtight receptacles for the same, which shall be provided
by the owners of the campsites. No owner shall permit the accumulation
of litter or refuse or junk vehicles on a campsite.
(13)
Camping accessories. Notwithstanding any provisions herein contained
to the contrary, picnic tables, benches, storage sheds, fire boxes
or fireplaces, and similar items of personal property may be placed
on a campsite. All personal property on a campsite shall be maintained
in good condition so as not to present any safety or health hazard.
(14)
Ditches and swales. Each owner shall keep drainage ditches and
swales located on his campsite free and unobstructed and in good repair
and shall provide for the installation of such culverts upon his campsite
as may be reasonably required for proper drainage. He shall also prevent
erosion on his campsite.
(15)
Drilling and mining. No drilling, refining, quarrying or mining
operation of any kind shall be permitted, nor shall drilling for water
or digging of water wells be permitted on any individual campsite.
(16)
Vehicle parking. No recreation vehicle shall be parked on any
street or roadway within the development.
(17)
Fire rims. Each campsite 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.
(18)
Water supply. Potable water drinking connections shall be provided
within 300 feet of each campsite.
H.
The operational standards contained in this section shall be incorporated
in restrictive covenants attached to the deeds for lots in nontransient
campgrounds or RV parks and shall be made part of a management plan
for any transient campgrounds or RV parks, which covenants and/or
plan shall be approved by the Planning Board in its review of site
development plans for the campground or RV park. A management plan
shall be required for all campgrounds or RV parks, and restrictive
covenants incorporating the standards of this section shall be required
of all nontransient campgrounds or RV parks. A plan or set of covenants
which does not adequately provide for conformance with this section
shall not be approved. The plan and/or covenant shall also provide
the Town with the option (but not the obligation) of being a party
to their enforcement and include a right for the Town to periodically
inspect the development for continued compliance with the plan and/or
covenants.
The Building Inspector shall enforce all of the provisions of
this chapter and shall have the right, at all reasonable times, to
enter and inspect any campground or RV park or other premises used
as campsites or for the parking or placing of recreational vehicles.
A.
If the Building Inspector finds that a campground or RV park for
which a license has been issued is not being maintained in a clean
and sanitary condition or is not being operated in accordance with
the provisions of this chapter, he may serve personally or by certified
mail upon the holder of the license a written order, which will require
the holder of the license to correct the conditions specified in such
order within 10 days after the service of such order.
B.
If the holder of such license shall refuse or fail to correct the
condition or conditions specified in such order, the Building Inspector
may suspend or revoke such license, and the holder of the license
shall thereupon terminate the operation of such RV park.
C.
If the owner or operator of such recreational vehicle park shall
thereafter correct such conditions and bring the recreational vehicle
park into compliance with this chapter, such owner may then apply
for issuance of a new license for such park, and if the application
is approved and a license is granted, the applicant shall pay to the
Town the fee required by this chapter without any credit for the fee
paid for the license which was revoked.
[Amended 4-11-1991 by L.L. No. 2-1991]
A.
Criminal penalties. A person found guilty of violation of this chapter
shall, upon conviction, be guilty of a violation and shall be sentenced
to a fine not to exceed the sum of $500 or to a sentence of imprisonment
for a term not to exceed 15 days, or to both such fine and imprisonment,
for each such violation. Each day a violation shall continue in existence
after service of a notice of violation or other such notice shall
constitute a separate violation of this chapter.
B.
Civil remedies.
(1)
A person who shall violate any provision of this chapter or who shall
operate or maintain any campground or recreational vehicle park or
use any land in violation of this chapter, or who shall fail, refuse
or neglect to obtain any required approval of any board or officer,
or who shall fail, refuse or neglect to obtain any permit or certificate
as required by this chapter, shall be subject to the following remedies,
all of which shall be cumulative and not several and shall be in addition
to any criminal penalty to which such person is subject:
(a)
A civil penalty fixed by the Court in a sum not to exceed $500
for any one violation;
(b)
Injunction to prohibit the continued violation of this chapter
or to compel such person to comply with this chapter and, if required,
to require the removal of the campground or recreational vehicles
which shall have been erected, constructed, reconstructed, altered,
repaired, converted or maintained in violation of this chapter;
(c)
Damages as determined by the Court; and
(d)
Costs and disbursements of such action and proceeding.
(2)
Each day a violation shall continue in existence after service of
a notice of violation or other such notice shall constitute a separate
violation. Notwithstanding anything to the contrary contained herein,
the accumulation of fines during the period that a violation shall
be remedied shall be terminated on the day the Town and a person who
shall have violated this chapter or any regulation adopted pursuant
to this chapter shall enter into an agreement to remedy such violation,
and such agreement may include a reduction of all or any portion of
such criminal and civil fines, provided such reduction shall be found
by the Planning Board to be in the best interest of the Town and such
agreement shall provide for the payment of the costs of the Town,
which costs shall include reasonable attorney's fees.
(3)
The Building Inspector is hereby authorized to institute such action
in any court having appropriate jurisdiction, and the Town Attorney
shall have authority to take such action on the request of the Building
Inspector.
The provisions of this chapter shall not be applicable to the
following:
A.
The business of recreational vehicle sales.
B.
The storage of recreational vehicles not being used on premises occupied
as the principal residence by the owner of such recreational vehicle;
provided, however, that such unoccupied recreational vehicle shall
not be parked or located between the street line and the front building
line of such premises.
C.
A recreational vehicle located on the side of a construction project,
survey project or other similar work project and which is used solely
as a field office or work or tool house in connection with such project,
provided that such recreational vehicle is removed from such site
within 30 days after the completion of such project.
A.
If any section, paragraph, subdivision or provision of this chapter
shall be found invalid, such validity shall apply to the section,
paragraph, subdivision or provision adjudged invalid, and the remainder
of the chapter shall remain valid and effective.
B.
The issuance of any 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 or by any occupant of any campground
or RV park with any law or regulation of the State of New York, the
County of Sullivan and the Town of Delaware.
A.
The regulations of this chapter shall apply to any extension of existing
campgrounds or RV parks, including increases in the number of lots
or available spaces, even though no addition to total land area is
involved.
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.
A.
The Planning Board may, for good cause shown, authorize variations
from the strict interpretation of the provisions of this chapter which
affect recreational vehicle parks and recreational vehicles in existence
prior to the date of adoption of this chapter.
B.
The owner of an existing recreational vehicle park or recreational
vehicle outside a park may apply for a variance by filing an application
with the Building Inspector together with an application for a license
setting forth the reasons for the variance.
C.
The Building Inspector shall be provided a thirty-day opportunity
to review and comment. The Board of Appeals, after receiving recommendations
from the Town Building Inspector, shall have the authority to grant
or deny the variance, which action shall be taken within 90 days of
the Building Inspector's receipt of the variance application.
