The Town Board of the Town of Sullivan finds that it is in the
best interest of the Town and its residents to provide a means and
procedure by which lake-oriented recreational and commercial uses
may be located, developed and supported in relative close proximity
to Oneida Lake. Oneida Lake, its waterfront and areas adjacent thereto
are valuable resources for the community and provide a natural attraction
for commercial development associated with lake-oriented recreational
activities. The Oneida Lake Recreational Overlay District will serve
the combined purposes of commercial and recreational development,
while also maintaining the open space, wildlife and aesthetic resources
that make Oneida Lake valuable to the Town, its residents and visitors
alike.
The following definitions shall apply to this article:
BAIT/TACKLE SHOP
A retail establishment engaged in the sale of equipment and
supplies to the public used for fishing, including bait (live and
artificial), fishing rods, hooks, lines, sinkers, floats, nets and
other similar items.
BOAT SALES AND SERVICE
An open area, with or without an associated enclosed structure
or structures which displays for sale, lease, or rent, new and used
boats and/or other watercraft, and equipment associated therewith,
and which services such boats and/or watercraft.
CAMP
A structure with accommodations for living and sleeping designed
for seasonal occupancy. The term does not include trailers or recreational
vehicles (RVs) as camps.
CAMPGROUND
Land on which five or more campsites are located, established
or maintained for occupancy by camping units of the general public
as temporary living quarters for recreation, education or vacation
purposes.
CAMPGROUND OPERATOR
That individual or entity responsible for managing, overseeing
and operating a campground/recreational vehicle (RV) park.
CAMPING CABIN
A hard-sided tent or shelter less than 400 square feet in
area which is on skids or otherwise designed to be readily moveable
and which does not have cooking facilities, sinks, showers, laundry
or toilet facilities.
CAMPING UNIT
A tent, camping cabin, recreational vehicle or other type
of portable shelter intended, designed and/or used for temporary human
occupancy at a campsite. Camping units may be classified as "large"
or "small" camping units by the Planning Board. For purposes of such
classification, the Planning Board may consider camping units as two
separate classifications:
CAMPSITE
Any area of land within a campground intended for the exclusive
occupancy of a single camping unit.
DUMP STATION (SANITARY DUMP STATION)
A properly designed and constructed facility intended to
receive the discharge of wastewater from any holding tank or similar
device installed in any recreational vehicle, and having a means of
discharging the contents, in an acceptable manner, to any approved
wastewater disposal system.
POTABLE WATER
Water fit for human consumption, food preparation, lavatory,
culinary, bathing or laundry purposes.
PORTABLE WASTE EQUIPMENT
A combination of a portable holding tank, pumping or other
waste transfer method, and watertight connections, whereby a watertight
seal can be made between the sewer connection of the recreational
vehicle and a portable holding tank to empty the contents of the recreational
vehicle sewage holding tank for transport to an approved disposal
system.
RECREATIONAL OUTFITTERS (RETAIL SUPPORT)
A business and/or establishment which sells specialized clothing,
equipment and/or supplies associated with lake-oriented recreational
activities, such as rafting, hunting, fishing, canoeing, kayaking,
hiking, biking, trail riding and other similar activities.
RECREATIONAL VEHICLE
A vehicular camping unit used or designed to be used for
recreational travel and temporary living and/or sleeping purposes
that either has its own motor or is mounted on or towed by another
vehicle, including motor homes, truck campers, camping trailers, campers,
travel trailers, pop-up trailers, tent trailers, park model trailers
and overnight trailers.
RV SITE
A campsite/camping unit designed to accommodate various types
and sizes of RVs, which includes connections for fresh water, electric
and sanitary sewer service where available.
SEASONAL CAMPSITE
A campsite intended to be occupied by the same individual
or group for 30 consecutive days or more. Campsite uses are not intended
for permanent occupancy.
SELF-CONTAINED RECREATIONAL VEHICLE
A recreational vehicle equipped with a minimum toilet, a
holding tank for sewage, a holding tank for water, or a connection
through which the vehicle can be connected to the campground water
supply.
SNOWMOBILES/ATV SALES AND SERVICE
An open area, with or without an associated enclosed structure
or structures which displays for sale, lease, or rent, new and used
snowmobiles, all-terrain vehicles (ATVs) and/or other similar recreational
vehicles and equipment associated therewith, and which services such
vehicles.
TENT SITE
A campsite/camping unit designed to accommodate tents and
smaller camping facilities which do not require utility connections.
The Oneida Lake Recreational Overlay District is that area in
the Town bordered by the New York State Thruway to the south, by the
political boundaries of the Town of Sullivan on the east and west,
and is bordered on the north by the parcels abutting the northside
of Route 31 but only for so much of such parcels abutting Route 31
and extending north from the center line of Route 31 for a length
of 300 feet measured perpendicularly from Route 31. The physical boundaries
are also depicted in the Official Zoning Map of the Town of Sullivan,
as amended from time to time.
The following supplemental and additional standards and criteria
shall apply to all specially permitted uses authorized under this
article for the Oneida Lake Recreational Overlay District:
A. Minimal area for establishment of campground/recreational vehicle
(RV) park. Notwithstanding any other regulations contained herein,
an applicant for a campground/recreational vehicle (RV) park must
demonstrate that the park will contain a minimum of 10 acres of contiguous
land.
B. Campsite standards. Applicant must demonstrate that all campsites
within the park possess a potential surface area of not less than
1,500 square feet for each site. The actual surface requirement for
each campsite or such other surface therein shall be approved by the
Planning Board. Campsites are intended for use by only one self-contained
recreational vehicle. Tents and other campsites may be allowed with
minimum areas approved by the Planning Board. The minimum size for
campsites hosting a recreational vehicle having utility hook-ups shall
be 1,750 square feet. The minimum campsite size should not include
any area required for access roads, off-street parking, service buildings,
recreational areas, offices and similar RV park needs. In no case
shall the recreational vehicle cover more than 33% of the individual
campsite.
C. Minimum setback requirements. While each park layout may require
greater setbacks, each plan shall describe the campsite demonstrating
the following minimum setback requirements:
(1) Seventy-five feet when abutting state or federal highway or designated
major arterial;
(2) Fifty feet when abutting a public right-of-way other than Subsection
C(1) above;
(3) Twenty-five feet when abutting any property line other than Subsection
C(1) or
(2) above;
(4) There should be a minimum distance of 20 feet provided between RV
units parked side by side;
(5) There should be a minimum distance of 20 feet provided between RV
units parked end to end;
(6) There should be a minimum distance of 40 feet provided between RV
space and any building;
(7) There should be a minimum rear site setback of 15 feet.
D. Roadways.
(1) Streets or roadways and parking areas within the proposed RV park
shall be designed to provide safe and convenient access to all spaces
and to facilities for common use by park occupants, and shall be constructed
and maintained to allow free movement of emergency and service vehicles
at all times, shall be graded to properly drain and surfaced with
gravel, asphalt or concrete. Interior roadways shall be at least 22
feet in width for two-way traffic and at least 11 feet in width for
one-way traffic. A forty-five-foot turning radius shall be required
on all curves to allow access by emergency vehicles. Any bridges within
the proposed park shall have a capacity of at least 16 tons to allow
access for emergency vehicles. Road grade shall not exceed 6%. Access
into the park from a public street shall meet the same design standards
as those of a public street for a distance of 40 feet to the property
line into the development. All roadways and walkways within the park
shall be adequately lighted at night to provide safe access. The internal
road system within the park shall be privately owned, constructed
and maintained and shall be designed for the safe and convenient access
to all spaces and facilities for common use by park occupants.
(2) Roadways shall be designed to accommodate a drive-in/drive-out access
for individual campsites.
E. Frontage. All campsites shall have a minimum frontage of 30 feet
along the private interior roadway. All campsites used by recreational
vehicles shall access the interior roadway system within the park.
No road access to any space from a public right-of-way is allowed.
F. Sanitary facilities. Each campground/recreational vehicle (RV) park
shall have one or more service buildings equipped with flush toilets,
lavatories, showers, and laundry facilities meeting New York State
Department of Health standards. Such facilities shall be kept in a
clean and sanitary condition, and plumbing fixtures maintained in
good working order. All such facilities shall be adequately lighted
at all times of the day and night and shall be well ventilated.
G. Sanitary sewer. Any application for a proposed campground/recreational
vehicle (RV) park shall demonstrate the owner's ability to connect
to a public sewage disposal system or other suitable sewage disposal
plan. Written confirmation of this shall be obtained from the appropriate
sewage provider.
H. Water. An applicant for a campground/recreational vehicle (RV) park
shall demonstrate the availability of sufficient potable water for
the proposed use. Written confirmation of sufficient source of potable
water shall be included in the application packet. The water supply
system shall be designed, constructed and maintained in compliance
with the New York State Department of Health standards. Failure to
provide written confirmation of appropriate sanitary facilities as
referenced in this article and the availability of potable water shall
be deemed a precondition to the processing of an application for such
special use permit.
I. Fire protection. Where appropriate, the Planning Board shall require
that fire hydrants shall be installed throughout the campground/recreational
vehicle (RV) park according to the specifications of the local fire
district.
J. Landscaping/buffering. Landscaping and buffering is to be provided
to perform the following functions:
(1) Screen the campground/recreational vehicle (RV) park visually and
audibly from adjacent properties as completely as possible;
(2) Provide an attractive entrance and street frontage;
(3) Provide dust and erosion control;
(4) Provide a neat, attractive and aesthetically pleasing appearance;
(5) Campground/recreational vehicle (RV) parks shall be screened from
adjacent properties by means of fences or walls, six feet in height,
or by means of hedges or other landscaping.
The following are additional criteria for decisions under this
article:
A. Consideration and granting or denying special use permits for the enumerated uses in the Oneida Lake Recreational Overlay District. In addition to the standards and requirements of Article
V, §
275-9, Special use permits, of this chapter, the following shall be required for all enumerated and specially permitted uses in the Oneida Lake Recreational Overlay District:
(1) In granting or denying special use permits, the Planning Board shall
take into consideration the scale of the proposed recreational use
and the possible impact of the proposed recreational use on the functioning
of nearby residential and commercial operations, as well as the location
of wetlands, Oneida Lake, its streams and tributaries and other sensitive
areas. The Planning Board will further measure any potential adverse
impacts and may impose conditions to preserve or enhance the scenic,
natural, historic character of the overlay district. In that regard,
the Planning Board will also consider and shall make specific written
findings that the proposed recreational use will:
(a)
Comply with all requirements of this chapter and all other local
laws and regulations and will be consistent with the purposes of the
land use district in which it is located, with the Town of Sullivan
Comprehensive Plan and with the purposes of this article.
(b)
Not result in the release of harmful substances or other nuisances
nor cause excessive noise, dust, odors, solid waste or glare.
(c)
Not cause undue traffic congestion, unduly impair pedestrian
safety or overload existing roads, considering their current width,
surfacing and condition.
(d)
Have appropriate parking and be accessible to fire, police and
other emergency vehicles.
(e)
Not overload any public water, drainage or sewer system or any
other municipal facility or service.
(f)
Not degrade any natural resource, ecosystem or historic resource,
including nearby wetlands or Oneida Lake, its streams and tributaries.
(g)
Be subject to such conditions on operation, design and layout
of structures and provisions of screening and buffer areas as the
Planning Board determines may be necessary to ensure compatibility
to surrounding uses and to protect the natural historic and scenic
resources of the Town.
(2) In exercising its approval powers, the Planning Board may, upon proper
finding, impose such reasonable conditions relating to screening,
signage, buffering and other mitigative measures incidental to any
application. Failure of the Planning Board to make any such findings
shall be grounds for denial of an application.
Any person who violates any of the provisions of this article,
or who fails to perform any duty imposed by the provisions of this
article, or any order or determination of the individual charged with
enforcing this article, or the terms of any permit issued hereunder,
shall be liable to the Town for a civil penalty not to exceed $500
for each such violation or subject to imprisonment for a period not
to exceed 10 days, or both. Each violation shall be a separate and
distinct violation, and in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation.