[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:
As defined in The Town Of New Lebanon Zoning Ordinance adopted
8-9-2010.[1]
Any location or area within a campground set off and designated
as a location for use by a single family.
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.
[1]
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.
A.
The
application shall be in writing, shall be filed in triplicate and
shall contain the following minimum information:
(1)
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.
(2)
The name and address of the owner or owners of such lot, piece or
parcel of land, if the applicant is not the owner.
(3)
A complete description of the lot, piece or parcel of land upon which
the camping ground is to be located.
(4)
The number of sites to be provided in the camping ground.
(5)
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.
(6)
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.
(7)
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.
(8)
Written approval of the Health Officer of Columbia County.
(9)
Plans and specifications to be reviewed by the fire and ambulance
agencies for emergency vehicle access.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
Water
supply. A sufficient supply of pure drinking water shall be provided
for each campsite.
E.
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.
(1)
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
C.
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.
