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Town of Sardinia, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Sardinia 3-5-1974. Amendments noted where applicable.]
[Amended 8-26-1989 by L.L. No. 4-1989]
This chapter shall be known as the "Campground and Recreational Vehicle Ordinance."
[Amended 8-26-1989 by L.L. No. 4-1989]
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Sardinia by the regulation of campgrounds and recreational vehicles.
Whenever used in this chapter, the following words shall have the meanings indicated, unless a different meaning appears from the context:
CAMPGROUND
Any plot of ground upon which two or more recreational vehicles, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
[Amended 8-26-1989 by L.L. No. 4-1989]
PERSON
Includes persons, partnership, firm, company, corporation, tenant, owner, lessee or licensees, their agents, heirs or assigns.
RECREATIONAL VEHICLE
Any vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation uses, including tent trailers, whether designed to be towed or to be operated under its own power. This shall also include any vehicle converted from its original use to a recreational vehicle. Any recreational vehicle used for residential purposes for more than 180 days in any one calendar year shall be subject to the standards and regulations governing mobile homes.
[Amended 8-26-1989 by L.L. No. 4-1989]
UNIT
A section of ground in a campground of not less than 2,500 square feet, designed for the accommodation of one recreational vehicle and its tow vehicle, if any.
[Amended 8-26-1989 by L.L. No. 4-1989]
[Amended 8-26-1989 by L.L. No. 4-1989]
It shall be unlawful, within the limits of the Town of Sardinia, for any person to park any recreational vehicle on any street, alley, highway or other public place between the hours of 9:00 p.m. and 6:00 a.m. Emergency stopping or parking required by mechanical failure is permitted on the shoulder of any street or highway for not longer than 24 hours; subject, however, to any other and further prohibitions, regulations or limitations imposed by law, parking regulations or ordinances.
A. 
It shall be unlawful for any person to establish, maintain or operate or permit to be established, maintained or operated upon any property owned or controlled by him a campground within the Town of Sardinia without having first secured a license therefor in compliance with the provisions of this chapter. Such license shall expire on January 1 following the date of issuance but may be renewed under the provisions of this chapter for additional periods of one year.
B. 
Any owner or his duly authorized representative shall, prior to establishing a campground, submit to the Town Clerk or the Town Board, at least 10 days prior to the regular meeting of the Board, five copies of the sketched plan of the proposed campgrounds which shall comply with the requirements of all sections of this chapter herein, now or as amended. The Town Board shall refer such sketched plan to the Planning Board for recommendation.
C. 
The owner or his duly authorized representative shall attend the meeting of the Planning Board to discuss requirements of the regulations for all aspects of the campgrounds, including streets, drainage, sewage, water supply, fire protection and similar aspects, as well as the availability of the existing services and other pertinent information.
D. 
After the sketched plan has been reviewed by the Planning Board, the Planning Board shall submit its recommendations in regard to acceptance or rejection of the sketched plan to the Town Board. The Town Board shall determine the feasibility and acceptability of the sketched plan. In the event that the Town Board rejects the sketched plan, the matter will be terminated. In the event that the Town Board determines that the sketched plan is feasible, the owner or his duly authorized agent shall submit a preliminary plat of the proposed campgrounds, in the form hereinafter described, for consideration. A determination by the Town Board that the proposed campgrounds is feasible does not under any circumstances waive the right of the Town Board to reject a preliminary plat when submitted, in its sole discretion.
E. 
The application for conditional approval of the campgrounds shall be accompanied by a fee hereinafter set forth. The application fee shall be nonrefundable.
F. 
Number of copies. Five copies of the preliminary plat shall be presented to the Town Clerk or the Town Board at least 10 days prior to the regular meeting of the Town Board. The Town Board shall refer such preliminary plat to the Planning Board for recommendation. The preliminary plat shall contain all preliminary information to permit the study of the preliminary plat by the Planning Board as set forth in this chapter.
G. 
Developer to attend Planning Board meeting. The owner or his duly authorized representative shall attend the meeting of the Planning Board to discuss the preliminary plat.
H. 
Study of the preliminary plat. The Planning Board shall study the practicability of a preliminary plat, taking into consideration the requirements of the community in the best use of the land being developed. Special attention shall be given to the arrangement, location, widths of the streets, location of the topography of the land, water supply, sewage disposal, degree of Town development or availability of services, etc., and the requirements of this chapter, the County Planning Board, the Comprehensive Plan, Official Map and zoning regulations, if such exist. The Planning Board shall render its findings to the Town Board within 62 days after referral from the Town Board to the Planning Board unless otherwise mutually agreed upon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I. 
When officially submitted. Time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Town Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fees and all data required by the Board, shall be filed with the Town Clerk of the Town Board.
J. 
Within 62 days after receipt of such preliminary plat by the Clerk of the Town Board from the Planning Board, the Town Board shall hold a public hearing which shall be advertised at least once in a newspaper of general circulation in the Town at least 10 days before such hearing. The Town Board may further provide that the hearing be further advertised in such manner as deemed most appropriate for public consideration of such preliminary plat. Within 62 days after the date of such hearing, the Town Board shall approve, with or without modification, or disapprove such preliminary plat, and the grounds for such disapproval shall be stated on the records of the Town Board. The Town Board shall have absolute discretion in its determination. Notwithstanding the foregoing provisions of the campgrounds procedure in which the Town Board may take actions on such applications, such time may be extended by mutual consent of the owner and the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
K. 
Notwithstanding the foregoing provisions of this section, the Town Board may extend the time in which a conditionally approved plat in final form must be submitted for signature. If, in its opinion, such extension is warranted by the particular circumstances, the Town Board may extend the time for filing the conditionally approved plat two additional periods of 90 days each.
L. 
The owner or his duly authorized agent shall, within six months after the conditional approval of the preliminary plat, file with the Town Board an application for approval of the campgrounds in final form, setting forth all information requested by this section and any other information requested by the Town Board and/or Planning Board. If the final plat is not submitted within six months after conditional approval of the preliminary plat, the Town Board may refuse to approve the final plat and require a resubmission of the preliminary plat. The application fee shall not be refundable.
M. 
The owner or his duly authorized agent intending to submit an application for final approval by the Town Board shall provide the Town Clerk with a copy of the application and five copies of the plat, including all offers of concession, covenants and agreements, and blueprints of all construction drawings, at least 10 days in advance of the regular meeting of the Town Board, at which time it is to be officially submitted.
N. 
The time of the submission of the campgrounds proposed final plan shall be considered to be the date of the regular meeting of the Town Board at least 10 days prior to which the application for approval of the campgrounds, complete and accompanied by the required fee and all data required by this chapter, shall be filed with the Town Clerk.
O. 
Water and sewer facility proposals. Water and sewer facilities contained in the campgrounds shall be properly endorsed and approved by the Erie County Department of Health. Applications for approval of plans for sewer and water facilities will be filed by the developer with all necessary Town, county and state agencies. Endorsement and approval by the Erie County Department of Health shall be secured by the developer before official submission of the campgrounds final plat.
P. 
After careful study, the Town Board shall, within 62 days from the submission of the campgrounds final plat, approve, modify or disapprove such plan. The grounds for disapproval of any plat are to be stated on the records of the Town Board. A campgrounds final plat shall not be signed by the authorized officer of the Town until the applicant has met all the conditions of the action granting approval of such plat.
[Amended 8-26-1989 by L.L. No. 4-1989; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Q. 
No changes, erasures or modifications or revisions shall be made in any campgrounds plat after approval given by the Town Board and has been endorsed, in writing, on the plat. In the event that the campgrounds contains any such changes, the plat shall be considered null and void, and the Town Board shall institute appropriate proceedings to determine its nullity.
[Amended 8-26-1989 by L.L. No. 4-1989]
R. 
Each campgrounds application submitted to the Town Board for its approval shall carry the following endorsement: "Approved by Resolution of the Town Board of the Town of Sardinia the _____ day of _____ 20_____, subject to all requirements and conditions of said resolution. Any change, erasure, modification or revision of the plat as approved shall void this approval. Signed the _____ day of _____ 20_____, Supervisor and Clerk." In the absence of the Supervisor or Clerk, the Acting Supervisor or Acting Clerk, respectively, shall sign in his place. Using the Official County Map, such endorsement shall stipulate the plat does not conflict with the Official County Map or, in most cases where the plat does front on or have access to or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-f of the General Municipal Law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
S. 
Contents of the sketched plan. The sketched plan shall be verified by the applicant and contain the following:
(1) 
The name and address of the applicant.
(2) 
The nature and extent of his interest in the business for which a license is desired.
(3) 
Whether or not the applicant is the owner of the real property for which license is desired and, if not, the name and address of the owner thereof.
(4) 
If the applicant is not the owner of the real property for which a license is desired, the application shall be accompanied by a duly verified statement of the owner of the real property that the applicant is authorized by him to construct or maintain the campgrounds and to make application for a license therefor.
(5) 
A description of the premises on which the campgrounds will be located as will readily identify and definitely locate the same.
(6) 
The number of units to be contained in said proposed campgrounds.
(7) 
A description of the premises involved, including the proposed campground site, recreational areas, right-of-way with accurate widths, water supply, recreational water facilities and all other information to properly describe the proposed campgrounds.
(8) 
Such other information as may be required.
T. 
The preliminary plat application shall be accompanied by five copies of the campground, drawn to scale and prepared by a civil engineer or land surveyor duly licensed by the State of New York, showing in detail the following:
(1) 
The extent and area used for campground purposes.
(2) 
Roadways, driveways and sidewalks.
(3) 
Location of sites of units for recreational vehicles.
[Amended 8-26-1989 by L.L. No. 4-1989]
(4) 
Separate location of parking facilities for automobiles.
(5) 
Method and plan of sewage disposal.
(6) 
Method and plan of garbage disposal or removal.
(7) 
Plan for water supply.
(8) 
Plan for electric lighting of units, roadways and sidewalks.
U. 
The following license fees are hereby established for campgrounds:
[Amended 8-26-1989 by L.L. No. 4-1989; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Campgrounds having a capacity of not more than five recreational vehicles: $250.
(2) 
Campgrounds having a capacity of not more than 10 recreational vehicles: $500.
(3) 
Campgrounds having a capacity of not more than 15 recreational vehicles: $1,000.
(4) 
Campgrounds having a capacity of not more than 20 recreational vehicles: $2,000.
(5) 
Campgrounds having a capacity of more than 20 recreational vehicles: $5,000.
V. 
Campground licenses are issued for the maximum period of one year and shall expire on January 1 of each year. They may, however, be renewed for additional one-year periods upon payment of the fees for such campgrounds established by the Town Board at the time of renewal; provided, however, that the Town Board shall have the right to refuse to grant such renewal if the owner or operator of such campground shall have failed to comply with all the regulations and restrictions of this chapter.
A. 
Every campground shall be located on a well-drained site properly graded to ensure rapid drainage and freedom from stagnant pools of water.
B. 
Recreational vehicle spaces shall consist of a minimum of 2,500 square feet for each unit, with a minimum width of 50 feet and a minimum depth of 50 feet. All spaces shall be clearly defined by proper markers at each corner. Recreational vehicles shall be so located on each space that there shall be at least forty-foot side and rear clearance between recreational vehicles. No recreational vehicle shall be located nearer than 100 feet from any property line bounding the camp and nearer than 150 feet from the boundary of any highway, road, street or other public thoroughfare.
[Amended 8-26-1989 by L.L. No. 4-1989]
C. 
All recreational vehicle spaces shall abut upon a roadway not less than 30 feet in width from ditch to ditch, and which roadway shall have unobstructed access to a public street, alley or highway. All roadways shall be hard-surfaced and maintained in a safe and adequate manner and shall be well-marked in the daytime and adequately lighted at night.
[Amended 8-26-1989 by L.L. No. 4-1989]
D. 
An adequate electric service outlet, supplying at least 110 volts and sufficient kilowatts, shall be provided for each recreational vehicle space.
[Amended 8-26-1989 by L.L. No. 4-1989]
A. 
A sufficient supply of pure drinking water, approved by the Erie County Department of Health, shall be provided in convenient locations. No common drinking facilities shall be permitted.
B. 
Drinking water faucets shall not be placed in any toilet room or water closet compartment.
C. 
An abundant supply of hot water shall be provided at all times for bathing, washing and laundry facilities.
A. 
Every campground shall have erected thereon, at a distance not greater than 300 feet from any unit it is designed to serve, a suitable building of masonry construction for housing toilet, showers and laundry facilities as required by this chapter, such building to be known as the "service building." Such service buildings shall be adequately lighted between sunset and sunrise while the campground is open.
B. 
There shall be provided separate toilet rooms for each sex. Flush toilets shall be provided and supplied with an adequate water supply and enclosed in separate compartments having a minimum width of three feet and shall be provided for each sex in the ratio of one toilet for each 10 units or fraction thereof. Every male toilet shall have one urinal for each 10 units or fraction thereof. Toilet rooms shall contain lavatories supplied with hot and cold water in the ratio of one lavatory to every two water closets. In no event shall any service building provide less than two toilets for females, one toilet for males, one urinal for males and one lavatory for each sex.
C. 
Separate bathing facilities for each sex shall be provided with one shower or bathtub for each 10 units or fraction thereof. Shower compartments shall be at least three feet square with an individual dressing compartment of at least 16 square feet. In no event shall any service building provide less than one shower or bathtub and individual dressing compartment for each sex.
D. 
One double laundry tray supplied with hot and cold water shall be provided to serve each 15 units, or in the alternative, other and at least equal laundry facilities may be provided.
E. 
Floors of toilet rooms, showers and the laundry room shall be of concrete or tile, or similar material, impervious to water and easily cleaned and pitched to a floor drain.
F. 
Adequate heating facilities to maintain a temperature of not less than 70° F. during cold weather shall be provided for such toilet, shower and laundry rooms.
A. 
All wastes from showers, toilets, laundries, faucets and lavatories shall be wasted into a properly constructed septic tank and tile drain field or other proper device of suitable design, size and material approved by the Erie County Department of Health.
B. 
Each campground shall provide equipment sufficient to prevent littering of the ground and premises with rubbish, garbage, refuse and the like and shall provide flytight metal depositories with tight-fitting covers at conspicuous locations in and about such premises. Such depositories shall be kept at all times in a clean and sanitary condition. No recreational vehicles shall be located more than 100 feet from a metal depository. All garbage, refuse, rubbish and the like shall be collected at least twice weekly and more often if required to maintain sanitary conditions.
[Amended 8-26-1989 by L.L. No. 4-1989]
C. 
Each campground shall provide a trichlorator for use by all occupants of the campground.
A. 
In every campground, there shall be a building or trailer in which shall be located the office of the operator or person in charge of said campground. A copy of the campground license and of this chapter shall be conspicuously posted therein, and the campground register shall at all times be kept in said office. There shall be a supervisor present at all times.
B. 
It is hereby made the duty of the attendant or person in charge, together with the licensee, to:
(1) 
Keep at all times a register of all recreational vehicle occupants (which shall be open at all times for inspection by county, state and federal officers and officers of the Town of Sardinia) showing for each such recreational vehicle the following:
[Amended 8-26-1989 by L.L. No. 4-1989]
(a) 
Name and address of each occupant.
(b) 
Date of arrival.
(c) 
Name of owner of the recreational vehicle.
(d) 
Make of recreational vehicle.
(e) 
State in which recreational vehicle is registered.
(f) 
Registration number of recreational vehicle.
(g) 
Year of issue of registration.
(2) 
In addition, for each such recreational vehicle being propelled by an automobile or tow vehicle to which it may be attached, to keep at all times a register of the following:
[Amended 8-26-1989 by L.L. No. 4-1989]
(a) 
Name of owner of such vehicle.
(b) 
State in which vehicle is registered.
(c) 
Registration number of vehicle.
(d) 
Year of issue of registration.
(e) 
Make of vehicle.
(3) 
Maintain the campground in a clean, orderly and sanitary condition at all times.
(4) 
See that the provisions of this chapter are complied with and enforced, and report promptly to the public health authority any communicable diseases in the campground.
(5) 
Prohibit the use of any recreational vehicle by a greater number of occupants than that which it is designed to accommodate.
[Amended 8-26-1989 by L.L. No. 4-1989]
(6) 
Prohibit the use of the campground by more recreational vehicles than the campground is licensed to accommodate.
[Amended 8-26-1989 by L.L. No. 4-1989]
[Amended 8-26-1989 by L.L. No. 4-1989]
Before a campground shall commence operation, the Code Enforcement Officer shall, and at any other reasonable time the Town Board or a member thereof may, make an inspection of the premises.
[Amended 8-26-1989 by L.L. No. 4-1989]
The Town Board may, after notice and proper hearing, revoke or suspend any campground license issued pursuant to the terms of this chapter, for a violation of any of the provisions hereof. Upon the revocation of any such campground license, the premises shall forthwith cease to be used for the purpose of a campground and all recreational vehicles located therein shall be removed therefrom.
[Amended 8-26-1989 by L.L. No. 4-1989]
Any person who violates any provisions of this chapter shall be guilty of a violation and is subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both such fine and imprisonment, and every day such violation exists shall constitute a separate offense and be punishable as such hereunder. The imposition of any penalty for a violation of this chapter shall not excuse the violation or permit the same to continue.
Nothing herein contained shall be construed to abrogate any provisions of the Sanitary Code of the State of New York, or of the County of Erie, as the same now provides or as the same may hereafter be amended to provide. In the event of inconsistencies existing between the provisions of this chapter and said code, said code shall govern.