[Added 3-5-2014 by L.L.
No. 2-2014]
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:
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.
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.
A structure with accommodations for living and sleeping designed
for seasonal occupancy. The term does not include trailers or recreational
vehicles (RVs) as camps.
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.
That individual or entity responsible for managing, overseeing
and operating a campground/recreational vehicle (RV) park.
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.
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:
Any area of land within a campground intended for the exclusive
occupancy of a single camping unit.
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.
Water fit for human consumption, food preparation, lavatory,
culinary, bathing or laundry purposes.
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.
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.
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.
An establishment engaged in the business of recreational
sales, leasing and mechanical service of recreational vehicles.
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.
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.
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.
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.
A campsite/camping unit designed to accommodate tents and
smaller camping facilities which do not require utility connections.
A.
The allowed and permitted uses to be established in the Oneida Lake
Recreational Overlay District shall be those allowed in the applicable
base district, either as of right or by issuance of a special use
permit (or, where applicable, site plan review) and the following
additional uses which shall be allowed only upon the granting of a
special use permit by the Town of Sullivan Planning Board:
B.
The intended scope of these specially permitted uses is for smaller
scale shops and services and not big box types of recreational uses.
Compatibility with surrounding uses and sites should be determined
by the Planning Board.
A.
The following schedule shall be utilized by the Planning Board in
determining the minimum appropriate standards for lot area and dimensional
criteria for the specific specially permitted uses and recreational
support uses in the Town allowed under this article. It is acknowledged
that the uses allowed here by special use permit require special siting
standards to ensure compatibility with surrounding properties. In
any event, the base zone dimensional restrictions shall prevail where
more restrictive:
|
Type of Use
|
Minimum Lot Area
(acres)
|
Minimum Lot Road Frontage
(feet)
|
Minimum Side Yard Setback
|
Minimum Front Yard Depth
(i.e., distance to structures)
| |
|---|---|---|---|---|---|
|
Recreational outfitters (retail support)
|
1
|
150
|
By determination of Planning Board based upon site conditions
|
By determination of Planning Board based upon site conditions
| |
|
Campground/ recreational vehicle (RV) park
|
10
|
200
|
By determination of Planning Board based upon site conditions
|
By determination of Planning Board based upon site conditions
| |
|
Bait/tackle shop
|
1
|
150
|
By determination of Planning Board based upon site conditions
|
By determination of Planning Board based upon site conditions
| |
|
Boat sales and service
|
1
|
150
|
By determination of Planning Board based upon site conditions
|
By determination of Planning Board based upon site conditions
| |
|
Snowmobile/ ATV sales and service
|
1
|
150
|
By determination of Planning Board based upon site conditions
|
By determination of Planning Board based upon site conditions
| |
|
Recreational vehicle sales and service
|
1
|
150
|
By determination of Planning Board based upon site conditions
|
By determination of Planning Board based upon site conditions
|
|
NOTES:
| ||
|---|---|---|
|
*
|
In addition to the above, the applicant shall comply with the
minimum requirements for campground/recreational vehicle (RV) parks
and other recreational uses set forth below or as otherwise set forth
in this chapter.
| |
B.
Previously existing campground uses that were legal at the time of
their undertaking shall remain legal nonconforming uses and may be
expanded only upon the criteria set forth in this article as approved
by the Planning Board.
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.
A.
The campground/recreational vehicle park use is intended to provide
commercial campsites for recreational vehicles (RVs), including motor
homes, travel trailers, pick-up campers and tent trailers, and as
an accessory thereto, to provide goods and services which customarily
support such parks on the same site. Support goods and services shall
be ancillary and secondary to the campground/recreational vehicle
(RV) park use. Further, the Planning Board shall assure that reasonable
standards and conditions for the development of facilities for the
occupancy of recreational vehicles on a temporary basis, ranging from
short overnight stops to longer destination stays of several days
to weeks, are incorporated into any such approvals. All campground/recreational
vehicle (RV) parks within the Town of Sullivan shall be governed by
the regulations contained herein. In no event shall a campground/recreational
vehicle (RV) park use be converted to any permanent occupancy.
B.
The following minimum standards shall apply in addition to those
referenced above and otherwise in these regulations for the specialized
use of campground/recreational vehicle (RV) parks and shall be observed
by the Planning Board in review of an application for a special use
permit for such use.
(1)
The area proposed for a campground/recreational vehicle (RV) park
shall generally have level to gently rolling topography over an area
of sufficient size to allow development in accordance with this article
without significant alteration or disturbance of existing natural
features, such as standings of mature trees, stream courses, shorelines,
wetlands or bedrock and outcroppings. No campground/recreational (RV)
park improvements (including, but not limited to, structures, campers,
campsites, roadways and/or parking lots) shall be included in a designated
floodway (as defined by 44 CFR 59.1, as amended) or substantially
contiguous to a designated floodway (one-hundred-year flood zone)
without express written permission of FEMA. Sites shall show, however,
compliance with all state and federal floodway prescriptions. Such
area may only be included in passive recreation and buffer areas as
part of an overall plan.
(2)
The area shall be free from adverse, unsafe and unhealthful conditions,
including, but not limited to, flooding, poor drainage, erosion, slumping
or other soil instability, breeding areas for insects or rodents,
smoke, noise, odors, heat glare, toxic or volatile substances.
(3)
No internal road, parking lot, recreational area or storage facility
for fuels, supplies or equipment shall be located within 100 feet
of a campsite or lot line in common with an adjoining property external
to the proposed park. Upon good cause shown, the Planning Board may
provide relief from this restriction.
(4)
Entrances to parks.
(a)
Entrances shall be located directly opposite or at least 200
feet from the nearest intersection of public roads, if any, and at
least 100 feet from any other entrances to the park, if any.
(b)
Entrances shall have a minimum width to allow reasonable turning
movements of RVs or vehicles with RVs attached and of service or delivery
vehicles.
(c)
Entrances shall be located to allow safe line of sight distances
to and from points of intersection with the public road.
(5)
Road surfaces. All internal roads shall be designed, graded, leveled
and surfaced with dust-free, all-weather material in order to permit
safe passage of emergency vehicles and other vehicles at a speed of
15 mph.
(6)
Park design standards.
(a)
Easily accessible and usable open spaces shall be provided in
all parks. Such open space shall have a total area equal to at least
10% of the gross land area of the park and shall be fully maintained
by the park owner. Part or all of such space shall be in the form
of developed recreational areas to be usable for active recreational
purposes. Open space shall not include nonusable space, such as steep
slopes, wetlands, parking areas or other constrained lands as determined
by the Planning Board.
(b)
Developed recreational areas, such as areas used as ball fields, trails, picnic areas, open pavilions and other such nonpermanent uses and structures, may be permitted in floodplain areas provided that any use and/or structure complies in all respects to the standards in effect as specified by the National Flood Insurance Program and subject to Chapter 142, Flood Damage Prevention.
(c)
The following uses shall be prohibited from parks:
[1]
Racetracks;
[2]
Go-carts, batting cages or similar intensified recreational
uses.
[3]
Further, no ancillary commercial uses shall be allowed. All
proposed recreational uses shall be included and the proposed site
plan clearly labeled and must be approved by the Planning Board. In
addition, no park owner shall allow or permit the idling or racing
of engines on site. No unnecessary or disturbing noise shall emit
from the property.
(d)
At the Planning Board's option and upon proper findings, a hard
surface pedestrian walkway of at least four feet in width shall be
provided along and at least five feet from each access road between
the entrance to the public highway and either the first campsite or
such location where the park as may be required to assure pedestrian
safety.
(e)
All water supply and sewage disposal systems shall be designed
and constructed in compliance with current New York State Health Department
and New York State Department of Environmental Conservation requirements.
(f)
Service buildings, if provided, housing sanitation facilities and/or laundry facilities shall be permanent structures complying with all applicable laws and statutes regulating buildings, electrical installations, plumbing and sanitation systems. Such features must be directly related to a service for campers. No service buildings, housing sanitation facilities and/or laundry facilities shall be located in a floodplain area unless the entire campground/recreational vehicle (RV) park is located within a floodplain area and appropriate permits are obtained from state and federal agencies. In that case, such service buildings, housing sanitation facilities and/or laundry facilities shall comply in all respects to the standards in effect as specified by the National Flood Insurance Program, Chapter 142, Flood Damage Prevention, and all applicable state and federal agencies.
(g)
Access and internal roads, driveways, walkways and service buildings
shall be adequately lighted to allow for the safe movement of vehicles
and pedestrians.
(7)
Park operations.
(a)
Campground/recreational vehicle (RV) parks shall only be permitted
on a seasonal basis. It is not the intent of this article to create
year-round occupation of campsites by particular campers.
(b)
Setup and take-down of any camping unit/campsite shall be limited
to the hours of 8:00 a.m. to 9:00 p.m.
(c)
Outdoor activities, such as music, barbecues and similar activities,
shall be prohibited between the hours of 11:00 p.m. and 7:00 a.m.
Campfires shall be in designated fire pits.
(d)
The campground operator shall maintain an office in the immediate
vicinity of the park.
(e)
The campground operator shall operate the campground/recreational
vehicle (RV) park in compliance with the standards set forth in this
article and shall provide adequate supervision to maintain the park,
its common grounds, roads, facilities and equipment in good repair
and in neat and sanitary condition. If required, the campground operator
shall execute a long-term stormwater management agreement with the
Town, where applicable.
(f)
It is the campground operator's responsibility to obtain any
required Town building permits for structures to be installed or placed
on the site.
(g)
A list of campground operator and occupant responsibilities
shall be posted in the park office or made available upon request.
(h)
All receptacles, including cans and dumpsters, shall be kept
in a sanitary condition and shall be appropriately screened at all
times. It shall be the responsibility of the campground operator to
ensure that garbage and rubbish shall be collected and properly disposed
of outside of the park. All receptacles shall contain securely fastened
lids and the campground operator of the campsite shall provide for
periodic removal of garbage, junk and other waste, no less frequently
than once per week.
(i)
All areas of the park shall be maintained free from organic
and/or inorganic materials that may become a health, accident or fire
hazard.
(j)
The campground operator shall direct the placement of each campground
improvement, camping unit or recreational vehicle on each campsite
to ensure its stability and the installation of all necessary utility
connections.
(k)
The campground operator shall ensure that occupants, renters
and visitors of the park shall be responsible for the maintenance
of personal effects and shall keep all personal yard space in a neat
and sanitary condition.
(l)
It is the intent of this article to allow only for occupation
of the park on a temporary basis.
(m)
The campground operator shall maintain a register containing
the names of all park tenants, including the make, year and license
plate number of each RV as well as the date of arrival and departure
all occupants and renters of the park. Such register shall be available
to any authorized person inspecting the park.
(n)
The campground operator shall not allow animals to be kept or
maintained on any campsite, except for usual household pets. No pet
shall be allowed to roam free, and pets shall be confined and or leashed
and under the control of the pet owner. Pet owners must register pets
with the campground operator.
(o)
The corners of each campsite shall be clearly and permanently
marked and each site numbered for identification.
(p)
Where campground terrain is adequate, and unless it is demonstrated
that it is a substantial hardship, pull-through sites shall be provided.
The Planning Board shall encourage safe and convenient access for
campsites in the campground's design and layout.
(q)
In addition to the other requirements referenced in this article, sanitary sewage disposal, water disposal and all other improvements shall meet the requirements of Chapter 1, Part VII, of the New York State Sanitary Code, and all other state, county and Town requirements as may be amended from time to time.
(r)
Each campground shall contain the following approved by the
Madison County Health Department or the New York State Department
of Health:
[1]
Sanitary disposal system (dump station) designed for the use
of portable waste equipment (where applicable) for the purpose of
removing and disposing of wastes from holding tanks in a clean, efficient
and convenient manner;
[2]
One toilet lavatory and shower for each sex for every 20 campsites.
Lavatory and shower facilities shall demonstrate compliance with local
and State Department of Health minimum standards.
(s)
Any provided swimming area shall meet all state and local standards.
(t)
At least one telephone available to the public shall be provided
in each campground/recreational vehicle (RV) park located in the proximity
of the park office.
(u)
Where electrical service is provided to the campsites, such
services shall be weatherproofed and of a type approved by the New
York State Fire Underwriters.
(v)
Mobile homes shall not be parked or placed, whether permanently
or temporarily, in any campground/recreational vehicle (RV) park.
(w)
For those campgrounds/recreational vehicle (RV) park units having
access to water, any dockage or lawn chairs must be separated from
any swimming areas by a minimum of 100 feet, and there shall be no
more than one powered watercraft for each 100 feet of frontage on
the body of water.
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:[1]
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;
(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.
