[HISTORY: Adopted by the Town Board of the Town of New Lebanon 7-10-1969; amended in its entirety 8-8-2011 by L.L. No. 3-2011. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Camping Ground Ordinance" of the Town of New Lebanon, Columbia County, State of New York.
It shall be the purpose of this chapter to promote the health, safety, morals, and general welfare of the inhabitants of the Town of New Lebanon by the efficient regulation of camping grounds located within the Town.
As used in this chapter and for the purpose of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:
- CAMP SITE
- Any location or area within a campground set off and designated as a location for use by a single family.
- TEMPORARY DWELLING
- Any tent, camper, trailer, tent house or any building of whatsoever material constructed, designed or equipped to be used for living, sleeping or eating by transient or seasonal occupants only.
Editor's Note: For current Zoning provisions, consult the Town offices.
No person, firm or corporation being the owner, lessee or occupant of any lot, piece or parcel of land within the Town of New Lebanon shall use or allow the use of such lot, piece or parcel of land as camping ground without first obtaining a license for such purpose as hereinafter provided.
The application shall be in writing, shall be filed in triplicate and shall contain the following minimum information:
The name and address of the applicant, if the applicant is an individual; the name and address of each partner, if the applicant is a partnership; the name and address of each officer and director, if the applicant is a corporation.
The name and address of the owner or owners of such lot, piece or parcel of land, if the applicant is not the owner.
A complete description of the lot, piece or parcel of land upon which the camping ground is to be located.
The number of sites to be provided in the camping ground.
Two detailed sets of plans and specifications of the proposed camping ground, showing the layout of the camping ground, size of each site, the parking area, permanent buildings, water supply, location of all required services and roadways and driveways.
A complete statement, showing the proposed method of sewerage disposal or removal, water supply, electrical service, and location and design of toilets, washrooms, laundry and other services by this chapter.
Proof that the applicant has complied with the requirements for temporary residence established by the State Department of Health, contained in the State Sanitary Code and New York State Building, Fire and Property Maintenance Codes.
Written approval of the Health Officer of Columbia County.
Plans and specifications to be reviewed by the fire and ambulance agencies for emergency vehicle access.
Issuance of permit. The Town Clerk, upon receipt of the applications aforesaid and the payment of the requisite fee as hereinafter provided, shall immediately transmit one copy of the application to the Zoning Enforcement Officer and one copy to the Zoning Board of Appeals, who will have 30 days in which to give a recommendation to the Town Board. The Town Clerk shall also immediately transmit one copy to the Planning Board for site plan review and special permit consideration. The Town Board shall by resolution indicate its approval or disapproval of the application within 60 days of receipt of written approval or disapproval of the site plan and special permit from the Planning Board. If the application is approved, a permit to develop a camping ground or tourist camp shall be issued by the Enforcement Officer. The applicant, on completion of construction and before occupancy, shall apply to the Enforcement Officer for an inspection of the premises. If the Enforcement Officer finds the premises in complete compliance with all existing ordinances and specifications, he shall report to the Town Board in writing, and the Town Board shall then issue a license to operate as hereinafter provided, said license to become effective from the date thereof and to continue in force until the 31st day of December next succeeding. Such license shall specify the number of units permissible in the camping ground or tourist camp, and such license shall not be assignable or transferable.
Fees. The applicant for a camping ground license at the time of the application for the permit shall pay a fee as set from time to time by resolution of the Town Board.
Location. No camping ground shall be located within 1,000 feet of the boundary line of any property used for public school purposes, or of any lot, piece or parcel of land maintained as a public park in the Town of New Lebanon.
Drainage and grading. Any lot, piece or parcel of land used as a campsite within the camping ground shall be well drained, of ample size and free of any heavy, dense growth of bush, trees or weeds. The land shall be properly graded to ensure rapid drainage during and following rain, and shall at all times be so drained as to be free of any stagnant pools of water.
Layout of camping grounds; spacing as required by New York State Sanitary Code § 7-3.8. No campsite shall be located within 50 feet of any public highway or public street line or within 50 feet of any adjacent property line. All units shall be numbered consecutively, the number being conspicuously posted on each camp unit.
Water supply. A sufficient supply of pure drinking water shall be provided for each campsite.
Sanitary facilities. Camps must be kept in clean and sanitary condition and free of physical or fire hazards at all times and must in all respects conform to the provisions of Chapter 1, Part 7, of the New York State Sanitary Code entitled "Temporary Residences," which chapter and part are hereby incorporated herein by reference as though set forth herein at length; also camping grounds must be kept in compliance with the New York State Property Maintenance Code.
All service buildings and the grounds of the sites shall be kept in a clean, sanitary condition, and kept free of any and all conditions that will menace the health of any occupant or the public or constitute a nuisance.
Disposal of sewage, etc. All sewage and other water- carried wastes shall be disposed of according to existing sanitary codes. Unless a municipal sewage system is available, the camping grounds must provide for the disposal into a private system which includes a sanitary means of disposal, the operation of which creates neither a nuisance nor a menace to public health.
Garbage receptacles. Each camping ground shall provide equipment sufficient to prevent littering of the grounds, in or around the grounds with rubbish, garbage and refuse, and must provide depositories with tight-fitting covers at convenient locations throughout the grounds.
Electric service and connections. All such connections and service outlets shall be weatherproof and shall be of the type approved by the New York Board of Fire Underwriters.
Curb cuts. The applicant should obtain curb cuts from the appropriate department: the Department of Transportation, State, County or Town Highway Department.
The owner or operator of each camping ground or tourist camp shall keep a permanent record in writing of all persons occupying or using the facilities of such camping ground or tourist camp, which record shall include the following:
The Health Officer, any peace officer or any other person authorized by the Town Board shall have the right to enter at all reasonable times any camping ground and shall have the right to inspect all parts of the site for violations of this chapter, and shall also have the right to inspect, at all reasonable times, the records required to be kept in accordance with the provisions of this chapter.
If the Health Officer or any other person authorized by the Town Board of the Town of New Lebanon finds that any campground is not being conducted in accordance with the provisions of this chapter, such facts shall thereupon be reported to the Town Board, and said Town Board may direct the Town Clerk to serve an order in writing upon the owner or holder of the license or the person in charge of said site directing that the conditions therein specified be corrected within 10 days after the date of such order. If such conditions are not corrected upon the expiration of such ten-day period, the Town Board may cause a notice in writing to be served upon the owner or holder of the license or the person in charge of such site requiring the license to appear before the Town Board at a time to be stated in such notice to show cause why the license for said site should not be revoked. The Town Board, after a hearing at which the testimony of witnesses may be taken and the holder of the license shall have been heard, may revoke said license if said Town Board shall find that the site is not being maintained in a clean and sanitary condition, or if it finds any provisions of this chapter have been violated, or for other reasonable and sufficient cause. Upon the revocation of such license, the premises shall forthwith cease to be used as a camp ground, and all sites shall be vacated immediately.
An application for the renewal of any camping ground or tourist camp license issued pursuant to the provisions of this chapter must be filed with the Town Clerk on or before the first day of December preceding the expiration of the license then in effect. The renewal application shall be in writing, signed by the applicant, and shall contain the same information required by § 88-5A in the case of an original application, except that renewal applications need not be accompanied by detailed plan of the site unless changes in the existing sites are contemplated. A lease of the premises need not accompany the renewal application, unless a new lease has been entered into since the previous application or renewal, in which case a certified or photostatic copy of the new lease shall accompany the renewal application. Upon approval of the renewal application by the Health Officer and the Town Board, the Town Clerk shall issue a renewal license to become effective upon expiration of the prior license and to continue in force for a period of one year, subject to power to revoke in accordance with the provisions of § 88-9 hereof. Such renewal license shall not be assignable or transferable. The applicant at time of issuance of said renewal shall pay the Town Clerk the fee provided in § 88-5C hereof.
This chapter shall apply to all existing camping grounds and tourist camps located in the Town of New Lebanon on the effective date of this chapter. The owner or operator of any existing unlicensed camping ground or tourist camp shall have 60 days after this chapter takes effect to make application for a license to operate such camp pursuant to the provisions of § 88-5 hereof.
None of the provisions of this chapter shall be applicable to the business of selling trailers, campers, tents or camping equipment.
Any person who violates any provision of this chapter shall be guilty of an offense against such chapter, punishable by a fine of not more than $250 or not more than 15 days' imprisonment, or both. For the purpose of conferring jurisdiction upon courts and judicial officers generally, such offenses shall be deemed a violation and, for such purpose only, all provisions of law relating to violations shall apply.
In addition, the violation of this chapter or any of its provisions by any person, firm or corporation shall subject the violator to a civil penalty enforceable and collectable by the Town in the amount of $50 for each offense. Such penalty shall be collectable by and in the name of the Town for each day that such violation shall continue.
Application of the above penalty or penalties, or prosecution for violation of the provisions hereof, shall not be deemed to prevent the revocation of any license issued pursuant hereto, the enforced removal of conditions prohibited hereby and/or the issuance of an injunction and other equitable relief by a court of competent jurisdiction to prevent ongoing violations.
Issuance of a camping ground or tourist camp license pursuant hereto shall not be deemed to waive compliance by the holder, the property owner or any occupant of said camp with any statute of the State of New York, or any other ordinance, local law or regulation of the Town of New Lebanon.