[HISTORY: Adopted by the Town Board of the Town of Catskill 9-4-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to promote the health, safety
and general welfare of the Town of Catskill and of its inhabitants
by establishing in this chapter a local law governing transient camping
and the operation and maintenance of campgrounds for that use.
B.
Title. This chapter shall be known as the "Local Law Regulating the
Establishment, Operation, and Maintenance of Campgrounds within the
Town of Catskill."
C.
Authority. This local law is enacted pursuant to Section 10 of the
Municipal Home Rule Law.
For the purpose of this chapter, the following words, terms
and phrases shall have the meaning ascribed to them in this section:
Accessory facilities provided for use only by occupants of
campsites within the campground, shall include but not be limited
to:
Utility facilities such as electric, internet, and cable TV
service as well as central water and sewer infrastructure;
Administrative facilities such as a registration/management
office as well as maintenance and storage buildings;
Recreational facilities such as a community center, swimming
pool, and sport fields/courts;
Sanitary facilities including toilets, urinals, bathrooms, showers,
and sewage disposal systems;
Convenience facilities such as camp stores/markets and vendor
stands; and
Sheds for storage.
A person or persons, partnership, association, limited liability
or other company, entity or corporation, being the owner of a parcel
of land within the Town of Catskill or someone acting on behalf of
said owner, who is submitting an application to the Town of Catskill
to operate a campground.
The development of a parcel of land or portion thereof, for
the purpose of providing campsites with or without accessory facilities,
for temporary overnight occupancy regardless of whether rights to
occupy a campsite are conveyed by lease, rent, membership or any other
acceptable means. This definition shall include where camping occurs
with no specific rights of occupation offered but the use is nonetheless
permitted by the land owner's direct or indirect action or lack
thereof.
A campground manager shall be a campground special use permit
holder or duly authorized representative of the campground special
use permit holder who may or may not reside within the campground
and who is charged with the primary responsibility of maintaining
the campground.
A campground operator is the campground special use permit
holder who the applicant has duly authorized to operate the campground
in the event that the applicant is not the campground special use
permit holder.
The campground special use permit holder shall be the owner
of the campground or a duly authorized campground operator who has
complied with the requirements of this chapter and is issued a campground
special use permit.
The use of a camping unit on a campsite within a campground
for temporary overnight occupancy.
A tent, recreational vehicle (RV) or other type of portable
shelter intended, designed or used for temporary human occupancy.
The term "portable" shall be taken to mean readily moveable and if
on wheels, highway ready. A camping unit shall not include more permanent
temporary shelters such as yurts and cabins. In addition and although
on wheels, mobile homes as well as newer structures more appropriately
referred to as manufactured homes shall not be considered as a camping
unit.
A designated space within a campground with or without connections
to electric service, water supply, or sewage disposal systems, used
for camping and offered by the campground special use permit holder
through lease, rent, membership or any other acceptable means for
camping purposes, regardless of whether or not done for monetary gain.
Designated areas within a campground used by campground guests
for open and/or enclosed recreational activities. Campsite areas,
required buffer strips, street/road rights-of-way, storage areas or
utility sites shall not be considered as included in this definition.
Common use areas set aside for indoor activities may include bingo
halls, meeting rooms, or arcades. Common use areas set aside for outdoor
activities may include hiking trails, bird watching venues, basketball/tennis/shuffleboard
courts, soccer/football/baseball fields, and swimming pools.
An approved centralized sewage disposal system serving the
campsites having individual sewage connections, the community sewage
dumping station(s), and any centralized community sanitary facilities
including toilets, urinals, bathrooms, and showers. Depending on the
estimated sewage load to be treated, the community sewage disposal
system design must be approved by either the NYSDOH or NYSDEC, as
defined herein, and the Code Enforcement Officer.
A place within a campground where raw sewage (i.e., both
black water from toilets/urinals and grey water from sinks/showers),
either directly from a recreational vehicle's sewage holding
tank(s) or indirectly from the campground's scavenger equipment,
may be entered into a community sewage disposal system in a safe and
responsible way.
A vehicular unit which either has its own motor power or
is mounted on or drawn by another vehicle and which is used or intended
to be used solely in connection with permitted campground construction
or development activities for the storage of construction materials,
tools or equipment or for construction office purposes. The term construction
trailer shall not include a dwelling, mobile home, manufactured home,
modular home, recreational vehicle or any other vehicle/shelter designed
or used as living or sleeping quarters.
For the purposes of this chapter only, a dwelling is any building
designed for or used principally as the permanent living quarters
for one family:
For which a certificate of occupancy has been issued by the
Code Enforcement Office for use as a single-family dwelling; or
For which a certificate of occupancy has not been issued by
the Code Enforcement Office because the building's use as a single-family
dwelling predated the Town's requirement to obtain a certificate
of occupancy.
Notwithstanding the foregoing, a dwelling shall not include
a camping unit.
An interior campground street/road that meets the requirements for private street design standards contained in Catskill Town Code Chapter 138, Streets and Sidewalks, with the exception of the bituminous surface treatment and 50-foot right-of-way (ROW) requirement. An emergency access road must extend to within 150 feet of all portions of all buildings and structures within the campground. Notwithstanding the requirements of Catskill Town Code Chapter 138, Streets and Sidewalks, emergency access roads shall be cleared, graded and improved to a twelve-foot minimum width for one-way traffic and a 16 foot minimum width for two-way traffic. In addition, the composition, horizontal/vertical curves, and grading of the emergency access road shall be designed and constructed such that emergency vehicles (e.g., fire apparatus, ambulances, etc.) can safely and easily access all campsites and shall include one or more approved turn-around areas.
For the purposes of this chapter only, a manufactured home
is a single-family dwelling factory-built according to the United
States Department of Housing and Urban Development (HUD) Construction
and Safety Standards (commonly known as the HUD Code) which took effect
as of June 15, 1976. The HUD Code, unlike conventional building codes,
requires manufactured homes to be built on a permanent chassis to
ensure transportability.
For the purposes of this chapter only, a mobile home is a
single-family dwelling factory-built on a permanent chassis before
June 15, 1976.
Herein the department is identified as the NYSDEC.
Herein the department is identified as the NYSDOH.
A vehicular camping unit primarily designed as temporary
living quarters for recreational camping or travel use, which either
has its own motor power or is mounted on or drawn by another vehicle.
As used herein, the term recreational vehicle or RV includes but is
not limited to, travel trailers (including "Tiny Homes" on wheels),
camping trailers, truck campers, fifth wheel trailers, park model
trailers, and motor homes.
A campground-run service that utilizes a combination of portable
holding tanks, transfer pump or other waste transfer method, and watertight
hose connections to empty the contents of a recreational vehicle's
sewage (i.e., both black water from toilets/urinals and grey water
from sinks/showers) holding tank(s) into the portable holding tanks
for transport to an approved community sewage dumping station within
a campground.
Herein is identified as the Town.
Herein is identified as the Code Enforcement Officer.
Herein is identified as the Planning Board.
A.
No applicant shall use or allow the use of a parcel of land or portion
thereof for the establishment, operation, or maintenance of a campground
unless a campground special use permit is obtained as set forth in
this chapter.
B.
Application procedure.
(1)
An application to establish, operate, and maintain a campground shall be in writing, signed by the applicant and accompanied by the required special use permit application fee. The application submission shall contain the information required by § 120-4 of this chapter; the completed application form and information required for a special use permit by the Catskill Town Code, Chapter 160, Zoning, § 160-17; and a copy of the application to the NYSDOH for a campground permit if required by Title 10 NYCRR, Chapter 1, Part 7, Subpart 7-3 which shall be submitted to the Planning Board for review. An applicant may request a pre-application meeting with the Chair of the Planning Board and the Code Enforcement Officer prior to the submission of a completed application to review the submittal and any requested waiver requirements.
(2)
The completed application, plans and related supporting information
shall be filed with the Clerk of the Planning Board at least 10 calendar
days before the Planning Board meeting at which the applicant seeks
to appear.
(3)
Upon receipt of the special use permit application fee and any escrow funds required by the Town, the Clerk of the Planning Board shall promptly transmit copies of the completed application, plans and related supporting information to the Planning Board, which shall review the application documents pursuant to the requirements of this Chapter 120; the requirements for a special use permit pursuant to Catskill Town Code, Chapter 160, Zoning, § 160-17; the application to the NYSDOH for a campground permit; and any other material that the Planning Board in its discretion, requires for its review.
(4)
If an applicant receives a relevant waiver from the NYSDOH or the
NYSDEC, the applicant may seek a waiver of any of the requirements
of this Chapter 120 which pertain to the same subject matter as the
waiver, upon written request to the Planning Board. The waiver request
must provide written evidence of the waiver received from the relevant
state agency. Notwithstanding the foregoing, the Planning Board shall
not be required to grant any waiver request.
(5)
The Planning Board shall issue its determination within 62 days of
the later of:
C.
Issuance of a campground special use permit. The Planning Board shall
issue a campground special use permit upon its approval of the application
and conditioned upon the issuance of all permits and approvals required
by the NYSDOH and/or the NYSDEC; or other Federal, State or local
agency.
D.
Campground special use permit.
(1)
A campground special use permit shall:
(a)
Be subject to the site plan approved by the Planning Board;
(b)
Be valid only as long as a campground permit issued by the NYSDOH pursuant to Title 10 NYCRR, Chapter 1, Part 7, Subpart 7-1-3(e) is valid and in effect; and upon the NYSDOH's issuance of a new campground permit, within 30 days of issuance, the campground special use permit holder shall provide the Code Enforcement Officer with a copy of the new NYSDOH campground permit;
(c)
Not relieve the campground special use permit holder of any
requirements imposed by this chapter, the NYSDOH, NYSDEC or other
Federal, State or local agency; and
(d)
Be considered null and void if pursuant to Catskill Town Code, Chapter 160, Zoning, Section 160-17A(5), within one year from the date of issue all improvements required for the approved special use are not completed, or if the approved special use shall cease for more than one year for any reason, unless otherwise provided by the Planning Board.
(2)
A copy of the Town of Catskill campground special use permit and
the NYSDOH campground permit shall be posted in a conspicuous place
on the campground.
A.
Each application submission for a campground special use permit shall
contain the following information:
(1)
The name and contact information of the applicant;
(2)
The identification (i.e., Greene County Tax Map No. and street address
if available) and the size (in acres) of the parcel that is proposed
to be used as the campground;
(3)
The number of campsites to be provided in the campground;
(4)
The name and contact information of the owner of the parcel on which
the campground is to be located and, if the applicant is not the owner
of the parcel, the applicant shall submit with the application an
owner's proxy duly executed by the property owner whose signature
shall be acknowledged by a notary public; and
(5)
A management plan describing how the campground will be operated.
B.
Applicants for a campground special use permit shall also supply
a location map with the application submission which shows all tax
parcels and the location of all public and private streets and roads
within 1,000 feet of the proposed campground.
C.
Proposed development. The campground special use permit application
with accompanying documents, shall describe the existing site conditions
and include a proposed site plan prepared by a qualified New York
State licensed design professional showing the following:
(1)
The location and widths of all proposed campground entrances, exits
and interior streets/roads;
(2)
The location, size and arrangement of each proposed campsite within
the campground;
(3)
The method and plan for proposed electric service and site lighting;
(4)
The location and plan of all proposed buildings, structures and other
improvements;
(5)
Proposed plans for screening and other landscaping;
(6)
Proposed plans and details for stormwater management;
(7)
Proposed sewage disposal system plans;
(8)
Proposed water supply plans;
(9)
Proposed portable or permanent toilet/bathroom facility locations/plans;
(10)
Proposed permanent shower facility locations/plans;
(11)
Any other proposed accessory facilities plans (e.g., cable tv, internet,
sport fields/courts, etc.); and
(12)
Common use areas as required by § 120-5I(1)(c).
D.
Nothing in this chapter and no Planning Board approvals pursuant
to this chapter shall relieve any person of the obligation to secure
a building permit from the Code Enforcement Officer prior to undertaking
any applicable construction.
A.
Minimum development area. The land parcel on which the campground
is proposed shall have a minimum gross area of at least eight contiguous
acres in single ownership or under unified control.
B.
Maximum development density. The total number of campsites may not
exceed the number obtained by dividing the gross parcel area by 0.5
acres. If a campground special use permit holder's or campground
manager's dwelling, as may be allowed in this chapter, is to
be located on the campground, it shall count (as one campsite) towards
the allowable number of campsites while all other provisions of this
chapter are met. No other accessory facilities which may be proposed
on the campground shall be counted as campsites towards determining
the allowable number of campsites.
C.
There shall be no more than eight persons allowed for overnight occupancy
on campsites whose designated area is between the minimum allowable
size of 1,600 square feet and 2,500 square feet. However, up to a
maximum of 12 persons shall be allowed for overnight occupancy in
campsites whose designated area exceeds 2,500 square feet.
D.
Screening requirements. The campground shall provide and maintain
a screening strip of existing or planted natural materials between
all property boundary lines and the periphery of the designated campground
area. Planted natural materials shall effectively screen the campground
area within a reasonable time period from its planting (no more than
three years). A planting plan specifying types, size (at time of planting
and as anticipated after three years) and location of existing and
proposed plant materials shall be required and reviewed as part of
the special use permit application. The Planning Board may also require
fencing around all or a portion of the campground periphery, on a
case by case basis, depending on the particular site topography, relation
of the campground boundaries to the parcel's property lines,
existing type and density of vegetation, and any other facts found
to be pertinent to such a decision.
E.
Campsite requirements.
(1)
A campsite shall be a minimum of 40 feet wide and have a minimum
footprint area of 1,600 square feet. There shall be permitted no more
than one camping unit per campsite. There shall be at least a 10 foot
clearance between the boundaries of the campsite and the exterior
surfaces of any camping unit serving as a temporary shelter except
when more than one contiguous campsite is conveyed by lease, rent,
membership or any other acceptable means to a single party in which
case there only needs to be a five-foot clearance between the boundaries
of the exterior surfaces of any camping unit and the common boundary
line of the contiguous campsites.
(2)
A campsite shall be separated from accessory facilities or a dwelling if such shall be located on site, by a minimum distance of 50 feet. No campsite shall be located closer than 75 feet to the centerline of any public or private street or road (not including interior campground streets/roads). In addition, no campsite shall be located within 80 feet from any existing (i.e., existing at the time that the campground is initially formed and configured) habitable structure on a neighboring parcel. The campground open and unobstructed yard requirements for the underlying zoning district as well as all other applicable zoning regulations as set forth in Catskill Town Code Chapter 160, Zoning, must be met unless an area variance is obtained from the Town of Catskill Zoning Board of Appeals.
(3)
A camping unit shall be placed no closer than 10 feet to the side
and rear boundaries of any campsite and no closer than 20 feet to
the edge of any interior campground street/road.
F.
Off-street parking requirements. At least one designated off-street
parking space shall be provided for each campsite.
G.
Interior campground streets/roads/paths.
(1)
In each campground there shall be at least one designated emergency
access road meeting the definition as herein described.
(2)
Other interior campground streets/roads/paths shall be properly designed
and constructed for the safe transport of pedestrians or vehicles
as allowed by the campground operator.
H.
Sewerage and water supply. No individual on-site sewage disposal
system or water supply shall be permitted within a campground except
to service a campground special use permit holder's or campground
manager's dwelling. For the remainder of the campground, accommodations
shall be provided and maintained for the satisfactory treatment and
disposal of sewage. At least one community sewage dumping station
shall be provided for each 100 campsites except where a campground
is limited to tent camping only. Campsites provided with individual
sewer connections shall not count towards determining the number of
campground dumping stations required. On-site sewage dumping stations
shall be directly connected to an approved community sewage disposal
system serving the campground. Campsites intended for use by recreational
vehicles with integral sanitary facilities shall either be provided
with 1) direct connection to an approved community sewage disposal
system via individual sewage (i.e., both black water from toilets/urinals
and grey water from sinks/showers) inlet piping; or 2) indirect connection
to an approved community sewage dumping station via routine collection
of sewage (i.e., both black water from toilets/urinals and grey water
from sinks/showers) from on-board holding tanks by an acceptable campground-run
scavenger service. Alternatively, recreational vehicles with integral
sanitary facilities and on-board sewage holding tanks may directly
connect to an approved community sewage dumping station periodically
(typically when departing the campground) via available sewerage piping
at the dumping station. An adequate supply of potable water shall
be provided within 250 feet of all campsites. All community sewage
disposal and water supply systems for the common use of campground
occupants shall be properly sized for the maximum anticipated usage
and shall fully comply as evidenced by approved plans, with standards
imposed by the NYSDOH, the NYSDEC, and the Catskill Town Code as applicable.
I.
Miscellaneous.
(1)
The following shall apply to a campground:
(a)
Appurtenances. No permanent external appurtenances, such as
carports, cabanas or patios, may be attached to any camping unit in
a campground and the removal of wheels or placement of the camping
unit on a foundation in a campground is prohibited. Stairs and landings
constructed or installed to gain access to a recreational vehicle
must be self-supported (i.e., not supported by the RV in any way)
and meet minimum standards for safe passage.
(b)
Location. A campground shall be so located that no entrance
or exit from the campground shall discharge traffic into a residential
area with a zoned density exceeding one dwelling per acre nor require
movement of traffic from the campground through such a residential
area to obtain access to a public highway. A minimum of 150 feet of
frontage on a state, county or Town highway shall be required for
the campground.
(c)
Common use areas. A minimum of 10% of the designated campground
area shall be set aside and developed as common use areas as herein
defined.
(d)
Entrances and exits. Entrances and exits to the campground shall
be designed for safe and convenient movement of traffic into and out
of the campground and to minimize marginal friction with free movement
of traffic on adjacent streets. All traffic into or out of the campground
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 a
trailer attached. No intersection of an entrance and/or exit with
a state, county or Town highway shall be located where insufficient
sight distance exists in either direction, nor shall such intersection
be located within 150 feet of any other intersection.
(e)
Parking areas. In the campground, 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,
nor any private grounds not part of the campground unless the private
owner has given written permission for such use. A campground special
use permit holder shall provide off-street parking and loading, above
and beyond the one required off-street parking space per campsite,
as may be required for proper operation/maintenance of the campground.
(f)
Occupancy. A campground campsite shall only be used for camping
purposes. No dwelling designed for permanent occupancy shall be erected
or placed on the campground with the exception of a single-family
dwelling for the campground special use permit holder or authorized
campground manager. A recreational vehicle in the campground shall
be maintained in a transportable condition (i.e., highway ready) at
all times and meet all requirements which may be imposed by an appropriate
state agency. Any action toward removal of wheels or to positively
attach the recreational vehicle to the ground for stabilization purposes
is prohibited. No campsite shall be occupied by the same person or
persons for more than 180 days (consecutive or otherwise) in any calendar
year unless the camping unit is a recreational vehicle owned by and
registered in the name(s) of said person or persons. A campsite shall
only be used and occupied (excepting for occasional guests) for temporary
camping by and the associated recreational purposes of a single household.
Camping units to be occupied during the winter months shall be designed
for cold weather conditions and shall have operating heating systems
capable of maintaining an inside temperature of at least 68° F.
(g)
Records. The campground special use permit holder shall be responsible
for maintaining accurate records concerning the occupancy of all campground
owned camping units. The campground special use permit holder may
delegate such records management obligations to an authorized campground
manager, but this shall not relieve the campground special use permit
holder from the responsibility to maintain accurate records. The Code
Enforcement Officer shall have the right to inspect and copy records
upon 10 days written notice sent via the US Postal Service to the
campground special use permit holder to determine compliance with
this chapter.
(h)
Sanitary facilities. No campground special use permit holder
or occupant of any Campsite shall permit or allow the dumping or placement
of any sanitary waste (including both black water from toilets/urinals
and grey water from sinks/showers) or other waste anywhere upon a
campsite or elsewhere within the campground, except in places designated
therefor. No outside toilets/bathrooms or showers shall be erected
or maintained on a campsite. Plumbing fixtures within a recreational
vehicle placed upon a campsite may either directly connect to an approved
community sewage disposal system for the development through the use
of campsite sewerage connections or may otherwise indirectly connect
to the community sewage disposal system periodically through the use
of a recreational vehicle's on-board holding tanks, an acceptable
operator-run scavenger service, and/or the community sewage dumping
station. Except for a campground where there is no tent camping allowed
and where there are four or less recreational vehicles each with integral
sanitary facilities on board, community sanitary facilities including
toilets, urinals, bathrooms, and showers, shall be provided in a separate
building(s) located not less than 100 feet from any campsite or more
than 500 feet from every campsite. Such community sanitary facilities
shall be directly connected to the community sewage disposal system.
A minimum of four toilets, two per sex, shall be provided in all required
community sanitary facilities. One additional toilet per sex shall
be required in community sanitary facilities, for each additional
25 campsites or fraction thereof without individual sewer connections,
after the 25 campsites without individual sewer connections. Furthermore,
one additional toilet per sex shall be required in community sanitary
facilities, for each additional 75 campsites or fraction thereof with
individual sewer connections, after the first 75 campsites with individual
sewer connections.
(i)
Fences. All campsite boundaries within the campground shall
be kept free and open; and no fences, except as may be required for
campground screening pursuant to § 120-5D or as may exist
naturally (e.g., rock ledges or stone walls) shall be permitted thereon.
This shall not, however, preclude the erection of fences around the
perimeter of the campground. Certain fences may require additional
approval in the reasonable discretion of the Code Enforcement Officer.
(j)
Nuisances.
[1]
No noxious or offensive activities or nuisances shall be permitted
on a campsite or anywhere within the campground. Such nuisances shall
include, but not be limited to:
[b]
Uncontrolled fires or any burning which results in soot, cinders,
smoke, noxious fumes, gases or unusual odors emanating beyond the
property line of the campground; and
[2]
Responsibility for meeting such requirements shall extend in
all circumstances to individual occupants of campsites as well as
to the campground special use permit holder.
(k)
Animals. No animal shall be kept or maintained on a campsite,
except for usual household pets as permitted by the campground special
use permit holder. Pets shall be kept on a leash or otherwise controlled
so as not to become a nuisance. Proof of a valid rabies inoculation
as appropriate, must be provided to the campground special use permit
holder or campground manager before any pet is allowed onto the campground.
Pet owners must properly dispose of any pet excrement.
(l)
Garbage and refuse disposal. No person shall burn trash, garbage
or other like refuse on a campsite or otherwise on the campground.
All such refuse shall be placed and kept in properly covered receptacles
for the same, which shall be provided by the campground special use
permit holder. No campground special use permit holder or campsite
occupant shall permit the accumulation of garbage, litter, or other
junk materials within a campground.
(m)
Camping accessories. Picnic tables, benches, fire pits, and
similar items may be placed within a campground. All such camping
accessories shall be maintained in good condition.
(n)
Ditches and swales. Each campground special use permit holder
shall keep drainage ditches and swales located on the subject parcel
free and unobstructed and in good repair and shall provide for the
installation of such culverts as may be reasonably required for proper
drainage. The campground special use permit holder shall also prevent
any erosion from occurring within a campground or on adjacent properties
from campground drainage.
(o)
Vehicle parking. No recreational vehicle shall be parked on
any street or roadway within the campground.
(p)
Fire pits. A campsite which will allow open fires shall be provided
with a fire pit. Each fire pit shall be constructed with materials
that will withstand high temperatures. The internal wall of the fire
pit shall be at least 8 inches in height to contain the fire and be
made of fire brick and a fire-proof mortar or grout (or comparable
fire/heat resistant construction) because it will come into direct
contact with high heat. No fire pit shall be placed closer than 15
feet from any camping unit or five feet from any campsite boundary.
Open fires shall not be allowed on campsites where the above-described
fire pit has not been provided. Nothing in this chapter shall allow
open burning that is not also in compliance with current NYSDEC regulations.
(q)
Water supply. Potable drinking water supply shall be provided
within 250 feet of a campsite and be operational during all periods
of occupancy.
(r)
Fire and emergency access. Every campsite shall be accessible
by fire and emergency equipment and such access shall be maintained
in good condition and free of obstacles.
(s)
Electric generators. Excluding times of a power outage of the
electric utility provider to the parcel, the use of electric generators
shall be limited to no more than five hours per day between the hours
of 9:00 a.m. to 11:00 a.m. and 4:00 p.m. and 7:00 p.m.
(t)
The campground special use permit holder or a designated campground
manager (herein called the campground representative) shall be in
charge of the property and maintain it as required by this chapter
at all times the campground is occupied or open for occupancy. The
campground representative shall be available in person or at a minimum
by telephone for both routine and urgent campground situations with
the contact information for summoning the campground representative
in charge provided to each campsite renter/lessee and posted at convenient
locations throughout the campground. Should a campground representative
not be available in person or to answer the telephone 24 hours per
day, a working system for campground occupants to leave a voicemail,
text, or email must be in place. Nothing in this chapter or any other
chapter of the Town Code should be taken to preclude or discourage
any occupant from calling 911 first in an emergency situation.
The Code Enforcement Officer shall be allowed entry to a campground
at any time for the purposes of inspection.
A.
If a campground is being operated in violation of the provisions
of this chapter, the Code Enforcement Officer shall serve upon the
campground special use permit holder an order to remedy, in writing,
directing that the violations therein specified be remedied as required
by the Code Enforcement Officer but in no event less than five calendar
days after the service of such order to remedy. If, after the expiration
of such period, the violations remain, at the discretion of the Code
Enforcement Officer, a notice in writing shall be served upon the
campground special use permit holder requiring an appearance before
the Catskill Town Court or a court of competent jurisdiction at a
time to be specified in such notice. If the Court finds the campground
special use permit holder guilty of violating the provisions of this
chapter, it may in its discretion:
(1)
Revoke the campground special use permit and order the campground
to be vacated; and/or.
(2)
For a first offense, be guilty of a violation and shall be subject
to imprisonment for not more than 30 days or to a fine of not more
than $500, and for a second offense committed within five years of
the first offense be guilty of a misdemeanor and shall be subject
to imprisonment for not more than one year or to a fine of not less
than $250 and not more than $1,000. When a violation of any of the
provisions of this chapter is continuous, each day or portion thereof
shall constitute a separate and distinct violation.
B.
Notwithstanding the provisions of § 120-7A, upon duly adopted
resolution, the Catskill Town Board, in addition to above-provided
penalties and any other remedies for damages or civil relief available
to the Town, may maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
this chapter or to restrain by injunction the violation of this chapter.
The remedies available to the Town shall be cumulative and not exclusive.
No owner, user, or occupant of any land within the Town, shall use or allow the use of such land for camping unless a campground special use permit is issued pursuant to § 120-3 of this chapter and Catskill Town Code Chapter 160, Zoning, § 160-17. Notwithstanding the foregoing, the following uses are permissible uses:
A.
Camping by the owner of any tax lot as those lots appear on the Greene
County Tax Maps for the Town, or his/her invitees, on his/her own
real property, which real property does not contain a dwelling, is
permitted provided that:
(2)
There shall be permitted no more than one camping unit per campsite;
(3)
A recreational vehicle must be inspected and registered with an appropriate
state agency in accordance with all vehicle and traffic laws and must
be maintained in an operable condition and highway ready at all times;
(4)
A camping unit must be structurally sound and in good repair;
(5)
The occupancy limits of § 120-5A are met allowing (with
conditions) up to 12 persons per campsite for overnight occupancy;
(6)
Camping shall not occur more than 30 cumulative days in any calendar
year unless a recreational vehicle used for camping is connected to
a properly sized on-site water supply (e.g., well) and sewage disposal
system designed and/or certified by a New York State licensed professional
engineer and approved for use by the Code Enforcement Officer, in
which case camping shall not occur more than 180 cumulative days in
any calendar year; and
(7)
Camping takes place in a screened portion of an unimproved lot, where
practicable.
B.
Camping by the owner of any tax lot as those lots appear on the Greene
County Tax Maps for the Town, or his/her invitees, on his/her own
real property, which real property contains a dwelling, is permitted
provided that:
(2)
There shall be permitted no more than one camping unit per campsite;
(3)
A recreational vehicle must be inspected and registered with an appropriate
state agency in accordance with all vehicle and traffic laws and must
be maintained in an operable condition and highway ready at all times;
(4)
A camping unit must be structurally sound and in good repair;
(5)
The occupancy limits of § 120-5A are met allowing (with
conditions) up to 12 persons per campsite for overnight occupancy;
(6)
Camping shall not occur more than 180 cumulative days in any calendar
year; and
(7)
Camping takes place in the side or rear yard of an improved lot.
C.
Use as temporary shelter by owner.
(1)
The use of recreational vehicle as a temporary shelter by the owner
of land which contains a permanent dwelling, shall be permitted provided
that:
(a)
The land is used as the principal residence of the owner and
his or her family or legal tenants;
(b)
The dwelling serving as the principal residence is no longer
habitable due to an event of force majeure;
(c)
The owner has received a building permit to repair or replace
the dwelling; and
(d)
The owner obtains a temporary certificate of occupancy for the
RV for use by persons displaced from the dwelling.
(2)
A temporary certificate of occupancy issued by the Code Enforcement
Officer under this § 120-8C shall be limited to a maximum
term of one year without renewal.
(3)
As used herein, the term "an event of force majeure" shall include
acts of God (such as storms, flooding, earthquake, volcanic eruption,
etc.), fire, wars, insurrections and/or any other cause beyond the
reasonable control of the owner and his or her family or legal tenants.
None of the provisions of this chapter shall be applicable to
the following:
A.
The business of recreational vehicle sales operating pursuant to
applicable law;
C.
A recreational vehicle or similar equipment not in use which may
be stored on premises containing a dwelling owned or leased by the
owner of such recreational vehicle or similar equipment; provided,
however, that the owner of such recreational vehicle or similar equipment
shall at all times comply with the Property Maintenance Code of New
York State, or any amendment thereof.
A.
At the time of the adoption of this local law, existing campgrounds
shall be considered as conforming to the requirements of this chapter
including the formal special use permit procedure if they have:
B.
Any campground existing at the time of the adoption of this local
law which does not have a permit to operate a campground from the
NYSDOH and approval from the Town if established after October 4,
1988, shall be deemed nonconforming and shall be required to apply
for a campground special use permit.
C.
Any campground subject to § 120-10A shall not be required
to make any changes to their existing configuration or operations.
However, this chapter shall apply to any expansion of an existing
campground subject to § 120-10A, including increases in
the number of campsites even if no additional land area is involved
in the expanded use.
D.
All campgrounds subject to § 120-10A shall:
(1)
Be considered compliant only as long as a campground permit issued by the NYSDOH pursuant to Title 10 NYCRR, Chapter 1, Part 7, Subpart 7-1-3(e) is valid and in effect; and upon the NYSDOH's issuance of a new campground permit, within 60 days of issuance, the NYSDOH campground permit holder shall provide the Code Enforcement Officer with a copy of the new NYSDOH campground permit;
(2)
Comply with NYSDOH, NYSDEC, or other federal, state or local agency
requirements; and
(3)
Have their legal use as a campground be considered null and void if pursuant to Catskill Town Code, Chapter 160, Zoning, Section 160-17A(5), the use as a campground shall cease for more than one year for any reason.
(4)
Post a copy of the NYSDOH campground permit in a conspicuous place
on the campground.
Should any section or provision of this chapter be declared
by any court to be unconstitutional or invalid, such declaration shall
not affect the validity of this chapter as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
This chapter shall take effect upon its adoption and filing
with the Office of the Secretary of State.
