Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: The power to regulate campgrounds and trailers is found in N.J.S.A. 40:48-1.2.
[Ord. #85, § 1; 1972 Code § 10-1.1]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, et seq., the "Private Campgrounds Code", with the exceptions hereinafter set forth but including section 17, filed in the Secretary of State's office is hereby accepted, and established as a standard to be used in determining whether campground dwellings, as well as their facilities, located in the Township are safe, sanitary and fit for human habitation and rental.
[Ord. #85, § 1; 1972 Code § 10-1.2]
Three copies of the code have been placed on file in the offices of the Township and are available to all persons desiring to use and examine the same.
[Ord. #85, §§ 2-7; 1972 Code § 10-1.3; Ord. #10-1974]
a. 
Section 3-2c of the code is hereby supplemented by adding the following, "The planning board shall issue the aforesaid statement".
b. 
Section 4-4 of the code shall be amended to read as follows: No campsite shall be less than 200 feet from any public highway right-of-way, nor less than 100 feet from any property line; provided, that where two campgrounds adjoin each other at a property line other than a public highway right-of-way, campsites shall be located no closer than 15 feet to the property line. Within these setbacks, a buffer of wooded or landscaped areas shall be maintained. No facility of any nature whatsoever shall be located within any such buffer zone, except:
1. 
Administrative and recreational facilities may be located within that particular buffer zone through which the main entrance to the campground is made.
2. 
Roads, so long as they shall be not less than 70 feet from existing property lines or public highway right-of-ways. Any existing campground owner owning adjoining property which is to be used for expansion of the campground, shall be exempt from the application to the expansion property of the 100-foot property line setback required above, provided that proper applications and plans of expansion in conformance with this section are submitted to the planning board for review within one year from September 3, 1974. This exemption shall automatically become null and void and without further effect within one calendar year from September 3, 1974.
c. 
Section 4.5B of the code shall be amended to read as follows: Each campsite, including parking space shall provide a minimum of 1,500 square feet of space.
d. 
Section 4.5 of the code is hereby supplemented by an additional section as follows: c. Each campground shall contain a minimum of 20 acres of land.
e. 
Section 6.1 of the code shall be amended to read as follows: An adequate supply of potable water capable of supplying a total capacity of at least 100 gallons per campsite per day shall be provided at one or more locations in every campground.
f. 
Section 6.4 of the code shall be amended to read as follows: Privies shall be prohibited.
[1972 Code § 10-1.4; Ord. #10-1974]
The Township Committee is hereby designated as the administrative authority. All initial applications for new campgrounds, including applications for expansion or modification of existing campgrounds, shall be submitted to the Planning Board for review and recommendation prior to submission to the Township Committee for approval.
[Ord. #85, § 12; 1972 Code § 10-1.5]
No person shall occupy as owner, occupant or rent to another for occupancy any camp dwelling, as well as its facilities, for the purpose of living therein which does not conform to the provisions of the "Private Campgrounds Code" established hereby as the standard to be used in determining whether a camp dwelling is safe, sanitary and fit for human habitation.
[Ord. #85, § 9; 1972 Code § 10-1.6; Ord. #5-1978, § 1]
All permits or licenses issued for campgrounds shall expire annually on July 31, unless renewed by the Township Committee in accordance with this section. No permit or license shall be renewed until the Township Committee has received a statement from the Cape May County Board of Health that the campground complies with the requirements of this section and all of the applicable New Jersey statutes, together with rules and regulations promulgated pursuant thereto.
[1972 Code § 10-1.7; Ord. #10-1974; New]
a. 
Fees. There shall be an annual charge of $100 for a permit for a campground containing 100 campsites or less, and an additional charge of $30 for each additional 50 campsites or part thereof, which fee shall accompany the application for the permit or for the renewal thereof. There shall be no reduction of the fee for a permit issued for less than one year. There shall accompany each application for construction of a new campground, including applications for new campsites constructed in expansion or modification of existing campgrounds, a filing fee of $25 plus $1 per campsite to be constructed.
b. 
Application; Hearing. Each applicant for a new campground, or modification of an existing campground, shall submit eight copies of the application and eight copies of the sketch plan showing a full survey of the facilities to be constructed, which plan shall be in sufficient detail and at an adequate scale to facilitate review. Upon receipt of the application, the matter shall then be referred to the Planning Board for a public hearing on the application. The applicant shall serve notice of such public hearing by personal service or by certified mail, return receipt requested, upon all property owners within 200 feet of the property in question, and shall submit an affidavit as to service three days prior to the date of the hearing. In the event that favorable approval is granted by the Board, the applicant shall be required to complete the work required under the application within two years from the date of the grant, unless an extension is granted by the Board upon the posting of adequate guarantees. Otherwise, the grant shall automatically expire at the end of the period of two years.
c. 
Standards. In addition to the other requirements contained in this section each plan shall show compliance with the following standards:
1. 
Every campground shall contain a minimum of 40 acres of land area.
2. 
Campground road and building layout shall be subject to review on a site plan, and in accordance with the provisions of Chapter 20, Zoning.
3. 
Each application and sketch plan shall contain the location and results of percolation tests performed at the site, such tests to be made at the minimum rate of one test per 10 acres portion of land or fraction thereof, and to be uniformly distributed throughout the entire campground-tract area.
4. 
Each application shall indicate elevations of the land at two-foot intervals.
The within regulations as well as all other regulations of this section shall apply equally to new applications as well as expansion of existing facilities with the exception of the forty-acre minimum land area.
[Ord. #5-1978, § 4; New]
Campgrounds shall be permitted to operate during the period from April 1 to November 1, inclusive, of each year. Campground facilities shall not be operated during any period of time other than specified herein.
[Ord. #5-1978, § 5; New]
During those periods of time when the campground is not in operation, campers may be stored on the campsite, provided the vehicles are disconnected from servicing utilities and further provided that all additions to the camper, by way of temporary facilities such as screened porches, patios, and similar structures, reference to which is deemed to be way of illustration and not by way of limitation, shall be disassembled and removed. Violation of this section may be cause for the Township to refuse to renew the permit application for subsequent years, which may be in addition to any other penalty provided herein.
[Ord. #5-1978, § 6]
No license shall be issued to any campground until such time as a certificate is obtained by the campground owner and filed with the Township Clerk from the Cape May County Board of Health, attesting that the operation of the campground is in compliance with all applicable New Jersey Statutes and the rules and regulations promulgated pursuant thereto.
[Ord. #85, § 11; 1972 Code § 10-1.8]
The Township Health Officer, the Township Board of Health and the Township Committee or any of their members or their agents are hereby authorized to make inspection to determine whether the code is being violated and may enter into any campground to make any inspection.
[Ord. #5-1978, § 8; New]
Any person or persons, firms, association, partnership or corporation, violating any of the provisions of this section, shall be subject to the General Penalty established in Chapter 1, Section 1-5 of this Code.
[Ord. #51, § 4; 1972 Code § 10-2.3]
All presently established trailer camp operators and individual trailer operators shall comply with all local, County or State rules, regulations or statutes pertaining to health and sanitation.
[Ord. #51, § 1; 1972 Code § 10-2.4]
As used in this section:
PARKED
Shall mean a trailer parked in one location overnight or longer.
TRAILER CAMP
Shall mean a plot of ground where facilities have been made available for two or more trailers to be parked whether on a rental basis or without compensation.
TRAILER SPACE
Shall mean a plot of ground with facilities designated for use by one trailer at any given time.
TRAILER, TRAILER COACH, CAMP CAR, INTERCHANGEABLY
Shall mean any trailer, trailer coach or camp car or similar unit used, or designed so that it can be used for living, sleeping or business purposes by one or more persons, which is equipped or which is capable of being equipped with wheels or similar devices used, or which could be used for the purpose of transporting said unit from place to place, whether or not the unit is placed upon a temporary or permanent foundation.
[1972 Code § 10-2.5; Ord. #3-1974]
The Township Committee may authorize a temporary use permit allowing occupancy of trailers and mobile homes on premises within the Township other than established trailer and mobile homes parks, upon recommendation of the Board of Adjustment, provided:
a. 
That the mobile home or trailer be occupied by the resident of the Township and his family as temporary living quarters on the property of such resident during the construction or reconstruction on that property of a single or two family dwelling, and provided further that the Board of Adjustment shall determine that this temporary use shall not substantially impair the policies and purposes of the zoning ordinance and that the temporary use may be granted without substantial detriment to the public good.
b. 
Such a permit shall be issued for a specific period of time not to exceed one year, and shall be, at the discretion of the Township Committee, shall upon recommendation of the Board of Adjustment, for good cause shown, be extended for up to a second year.
c. 
The trailer or mobile home installation shall comply with all local, County and State rules, regulations and statutes pertaining to health and sanitation, and the mobile home or trailer shall be removed from the premises immediately upon completion of the dwelling or upon expiration of the permit, whichever shall first occur.
d. 
Nothing herein shall be deemed to repeal or amend the existing ordinances of this Township, duly enacted, dealing with the regulations of campgrounds and trailers.