Dingman Township

                                                                                                           Pike County, Pennsylvania

 

Proposed Ordinance

 

ORDINANCE NO._______

AN ORDINANCE REGULATING CAMPGROUNDS

AND RV PARKS

            The Supervisors of Dingman Township, at a regularly or specially advertised meeting, do hereby ordain and enact the following:

§  1 - Purpose.

The purpose of this ordinance is to promote the health, safety and general welfare of Dingman Township inhabitants by establishing, pursuant to the authority granted the Township under Sections 1517 and 1529 of the Second Class Township Code, requirements and regulations governing the use of structures and land for camping. Specifically, the Township intends through this Ordinance to regulate the operation and maintenance of campgrounds and recreational vehicle (RV) parks.  These regulations are not land use regulations and are intended to supplement the provisions of the Dingman Township Zoning Ordinance that regulate recreational campgrounds or similar uses and shall not supersede that Ordinance unless specifically stated herein.

§ 2 - Definitions.

For the purpose of this ordinance, the following words, terms and phrases shall have the meaning ascribed to them in this section:

 Camping - The use of a property as a site for sleeping outside, or the parking of travel trailers, truck campers, camper trailers, motor homes, self-contained units, tents or other structures or vehicles intended to serve as temporary recreational housing.

Campground or Recreational Vehicle ("RV") Park - The development or use of a lot, tract or parcel of land for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes, self-contained units, tents or other structures or vehicles for camping. "Campsites, "campgrounds" or "recreational vehicle parks," tent camping facilities and other similar facilities, regardless whether rights to occupy a campground lot are conveyed by lease, rent, sale or any other means, shall be included in this definition.

A.           Transient Campgrounds or RV Parks - Facilities or businesses offering 3 or more campground or RV park lots with or without the usual accessory recreational and service facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis or otherwise permitted by the owner to be used for camping on a temporary short-term basis.

B.           Destination (Non-transient) Campgrounds or RV Parks - Planned private communities with recreational and service facilities, including central water and sewer facilities and usually a restaurant and/or bar, lounge, chapel and community hall, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common or may be owned individually by deed conveyance or may be leased on an annual, monthly or other seasonal basis.

Campground Lot - A lot or space within a campground or RV park used for tent camping or as a site for recreational vehicles; or an area of land otherwise offered by the developer or operator through sale, lease, rent, membership or any other means for camping purposes regardless whether or not done for pecuniary gain.

Park Model - A vehicle that is commonly known as a park model recreational vehicle; meets the American National Standards Institute standard A119.5 for park trailers; is built on a single chassis; has a gross trailer area of four hundred (400) square feet or less when set up; is designed for seasonal or temporary living quarters and may be connected to utilities necessary for the operation of installed features and appliances. Such units shall be permitted in Destination (Non-transient) Campgrounds only

Recreational Vehicle - A vehicular type of unit designed as temporary living quarters for recreational camping or travel use which either has its own motive of power or is mounted on or drawn by another vehicle. The basic types of recreation vehicles are:

A.           Travel Trailers - A vehicular unit, mounted on wheels, of such size or weight as not to require special highway moving permits when drawn by a motorized vehicle designated and constructed to provide temporary living quarters for recreational, camping, or travel use, and a trailer size of no more than 400 square feet.

B.           Truck Camper - A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping or travel use.

C.           Motor Homes - A vehicular unit built on a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping or travel use.

D.           Camper Trailer - A vehicular unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and designed to provide temporary living quarters for recreational, camping or travel use.

E.            Self-Contained Unit - A unit that; can operate independent of connections to external sewer, water and electrical systems; has a toilet and holding tank for liquid waste; contains water storage facilities; and may contain a lavatory, kitchen sink and/or bath facilities connected to the holding tank.

Tent - A movable shelter made of canvas or other similar material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for recreational and camping use.

Trailer Size - The usable floor area of a recreational vehicle when occupied including slide-outs and other spaces that are part of the vehicle, including closet and utility space but excluding loft space.

§ 3 - Licenses required and fees.

A.           License Requirement. No person, partnership, association, limited liability or other company or corporation, being the owner, user, operator or occupant of any land within Dingman Township, shall use or allow the use of such land for a campground or RV park, continue the use of any existing campground or RV park or engage in any other form of camping regulated herein unless a license has been obtained as herein provided and renewed. This shall not apply, however, to overnight or weekend camping and the like on non-campground property as part of a recreational event.

B.           Issuance of license.

(1)         The Dingman Township Code Enforcement Officer shall issue a license after final approval of the conditional use permit application by the Board of Supervisors pursuant to Dingman Township Zoning Ordinance procedures and issuance of a Certificate of Use. Said license shall be effective from the date of issuance until renewed, surrendered by the licensee or revoked by the Code Enforcement Officer. Existing campgrounds or RV parks shall have a period of ninety (90) days from the effective date of this ordinance to file a complete application pursuant to this ordinance. If a complete application is not filed within the above stated time period or if no license is issued within one hundred eighty (180) days of the effective date of this ordinance, the penalty sections contained herein shall apply.

(2)         No license shall be issued until the Code Enforcement Officer has received:

(a)         A completed application signed by the applicant.

(b)         The required fee as herein provided.

(c)         Approval of the application, plans and specifications by the Pennsylvania Department of Environmental Protection or its successors and such other agencies as may have jurisdiction over matters relating to sewage collection and disposal, water supply, health, safety or other aspects of the facilities or operation. Existing campgrounds or RV parks shall show current approvals, licenses, permits, etc. for their facilities.

(3)         The license may be transferred to a new owner of a campground or RV park, provided; (a) that an application for transfer of the existing license is made; (b) the prospective new owner/ operator documents that all of the requirements of this ordinance are met and (c) a public hearing shall have been conducted by the Board of Supervisors. The Board of Supervisors shall approve, disapprove or approve with conditions, all applications for transfer of licenses.

(4)         All licenses shall be valid until March 31 and renewed only on a finding by the Township Board of Supervisors that the operation continues to comply with the requirements herein. The Board of Supervisors shall approve, disapprove or approve with conditions any renewal, and may conduct a public hearing to help ascertain compliance with the requirements contained herein.

C.           Supplemental license.

(1)         Any person holding a license for a campground or RV park who desires to add additional lots or spaces to such park shall file an application for a supplemental license, provided that no such supplemental license shall be issued unless and until the applicant shall have demonstrated the ability of existing infrastructure (including but not limited to roads, sewer facilities, water supply systems, electrical supply systems and the like) to accommodate the additional lots or spaces and all applicable state and municipal permits and approvals have been obtained.

(2)  The application for such supplemental license must be accompanied by four sets of plans and specifications and shall be filed and processed as provided herein for new campgrounds or parks. 

D.          Expiration and Renewal of Licenses. All licenses issued hereunder shall be valid until March 31 of the following year prior to which time applicants shall request or apply for renewal of such licenses and the Township Code Enforcement Officer shall inspect the premises to ensure continued compliance with this Ordinance. Failure to comply with the applicable sections of this Ordinance shall be a basis for refusal of an application for renewal.

E.            Fees. The applicant, for any new license or transfer, shall pay the Township a fee as shall be established and may be modified from time to time by resolution of the Board of Supervisors. Additional fees shall apply to the cost of any professional reviews by Township consultants.

§ 4 - License application procedure.

A.           Each application for a campground or RV park license shall be in writing and signed by the applicant.

B.           The application and plans and related information shall be filed with the Code Enforcement Officer in quadruplicate.

C.           Existing campgrounds and RV parks shall be eligible for a waiver from the requirement to file plans only if the improvements on site have been constructed accordance with the plans approved by the township with no substantial deviations. The applicant shall bear the burden of proving entitlement to the waiver. 

D.           The Code Enforcement Officer shall promptly transmit copies of the application and plans to the Township Planning Commission, which shall, if required, review the application pursuant to the conditional use review requirements of Dingman Township Zoning Ordinance and thereafter forward it to the Township Board of Supervisors for approval, disapproval or approval with conditions.

E.            The Code Enforcement Officer, within 30 days of the filing of the Township Board of Supervisors' action, shall issue the license, provided that all other requirements of this ordinance are met.

§ 5 - License Application data.

A.           Each application shall be accompanied by 10 complete sets of plans which are prepared by a licensed land surveyor, engineer or other qualified person. Such application shall, in addition to the information required below by this ordinance, include all documents and other information required for a submission as a land development under the Dingman Township Subdivision and Land Development Ordinance and as a Conditional Use under the Dingman Township Zoning Ordinance. The processing of applications for such approvals shall be consolidated and the matters acted upon concurrently, provided the application shall comply with the requirements of all three ordinances.

B.           Each application shall contain the following information:

(1)         The name and address of the applicant; or the name and address of each partner if the applicant is a partnership; or the name and address of each officer and director if the application is an association or corporation.

(2)         The description of the land that is proposed to be used as a campground or RV park.

(3)         The number of lots to be provided in such campground or park.

(4)         The names and addresses of the owners of the property on which the campground or RV park is to be located and a written statement signed by the owners consenting that the premises be used for a campground or RV park.

(5)         Evidence of properly functioning infrastructure with the capacity to serve any existing or proposed project or expansion thereof shall be required. No new or additional units shall be placed in any campground or recreational vehicle park without such evidence, which shall be acceptable to the Township Engineer and satisfy any applicable Commonwealth of Pennsylvania or local codes and standards.

C.          A location map shall be presented with the application which shows all land within 300 feet of the campground or RV park, the location of all streets and roads adjacent to and within the park, uses of adjacent land, the owners of adjacent land and the location of all water and sewer lines and utilities.

D.           Proposed development. The application shall be accompanied by 10 copies of a site plan showing the following:

(1)         The location and widths of all entrances exits and streets.

(2)         The location, size and arrangement of each lot or camping space within the campground or RV park.

(3)         The method and plan for electric systems.

(4)         The location and plan of all proposed structures and improvements.

(5)         Plans for landscaping.

(6)         Stormwater drainage.

(7)         Utilities.

E.            Renewals and Transfers. Application data required for renewals and transfers shall be limited to information regarding ownership and management changes and operational records.

§ 6 - Design and operational standards.

A.           Minimum development area. A campground or RV park shall have a gross area of at least 10 contiguous acres of land in single ownership or under unified control.

B.           Screening requirements. All campgrounds and RV parks shall provide and maintain a screening strip of planted natural materials along all property boundary lines. Such screening shall be a depth of not less than 50 feet, to effectively screen the area within a reasonable time period (5 to 10 years). A planting plan specifying types, size and location of existing and proposed plant materials shall be required and reviewed as part of the license application. The Board of Supervisors may modify screening requirements as they apply to expansions to ensure continuity of landscaping.

C.           Lot and siting requirements.

(1)         RV park or campground lots shall be at least 75 feet wide and 9,000 square feet in area. Gross density, however, shall not exceed a total of four lots per acre for the development. All lots shall be served with central/community sewage and central/community water.

 

(2)         Individual campground or RV park lots shall be separate from service building structures by a minimum distance of 75 feet. Also, notwithstanding the requirements of Sub-section B above, no recreational vehicle or tent platforms shall be located closer than 100 feet to a street right-of-way outside the campground or RV park or any adjacent property line outside the campground or RV park.

(3)         No recreational vehicle or tent platform shall be located within 15 feet of a front or rear campground lot line, 7.5 feet of a side lot line (and yard opposite to the longest road frontage in the case of corner lots) or 50 feet of any stream or body of water.

(4)         No recreational vehicle or tent platform shall be located in a Federally designated 100-year flood zone.

D.           Off-street parking requirements. At least one off-street parking space shall be provided for each site, in addition to the site for placement of the recreational vehicle or tent.

E.            Streets.

(1)         Destination (Non-Transient) campgrounds or RV parks. The residential street design standards contained in Dingman Township Subdivision & Land Development Regulations shall apply to streets within non-transient campgrounds and RV parks.

(2)         Transient campgrounds or RV parks. Transient recreational land development streets shall be cleared, graded and improved to 12 feet width for one-way traffic and 20 feet width for two way traffic.

F.            Sewage facilities. No individual on-site sewage disposal facilities shall be permitted, and all community and central systems for the common use of campground occupants shall fully comply, as evidenced by approved plans, with standards imposed by the Pennsylvania Department of Environmental Protection and Dingman Township. Evidence of infrastructure capacity in this regard shall be required in the case of any new application or application for expansion of a campground or recreational vehicle park. No new or additional units shall be placed in any campground or recreational vehicle park without such evidence, which shall be acceptable to the Township Engineer and satisfy any applicable Commonwealth of Pennsylvania codes and standards.

 

Sewage and water flows shall be monitored and, if flows exceed design standards by more than 10% for more than a one-day period, the park shall be closed until flows return to design standards. The RV park shall employ sewage flow meters and water meters as deemed appropriate by the Township Engineer.

 

G.           Water supply. Potable water drinking supplies shall be provided within 300 feet of each campground or RV park lot and be operational during any period of occupancy. Evidence of infrastructure capacity in this regard shall be required in the case of any new application or application for expansion of a campground or recreational vehicle park. No new or additional units shall be placed in any campground or recreational vehicle park without such evidence, which shall be acceptable to the Township Engineer and satisfy any applicable Commonwealth of Pennsylvania codes and standards.

H.           Location. A campground or RV park shall be so located that no entrance or exit from a park shall discharge traffic into a residential area of more than 25 homes on contiguous properties exceeding one dwelling per acre density nor require movement of traffic from the park through such an area to obtain access to a public highway. A minimum of 150 feet of frontage on a state, county or Township highway shall be required.

I.              Common use areas. A minimum of fifty percent (50%) of the gross site area of the campground or RV park shall be set aside as open space or developed as common use areas for open and enclosed recreational facilities. No recreational vehicle site, required buffer strip, street right-of-way, cartway, storage area, utility site, areas of steep slope (20% grade or steeper), wetlands or easements for purposes of utilities or drainage shall be counted as meeting this requirement.

J.             Entrances and exits. Entrances and exits to campgrounds or RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exits. Any such entrance or exit shall be laid out at a 90 degree angle with the intersecting Township, County or State highway, and the radii of curbs and pavements at intersections shall be such as to facilitate easy turning movement for vehicles with trailer attached. No intersection of an entrance and/or exit with a state, county or Township highway shall be located where there is less than the required sight distance at the prevailing speed according to AASHTO standards, nor shall such intersection be located within 150 feet of any other intersection.

K.          Parking areas. In connection with the use of any campground or RV park, 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 or RV park unless the owner has given written permission for such use. Each campground or RV park operator shall provide off-street parking, loading and shall be responsible for violations of these requirements.

L.            Occupancy. Campground or RV park lots shall be used only for seasonal camping purposes. No improvement or living unit designed, intended or used for permanent occupancy shall be erected or placed on any campground or RV park lot. The following occupancy standards shall also apply:

(1)         All recreational vehicles in the development, other than park models, shall be maintained in a transportable condition at all times; able to be connected to another vehicle and driven away, without taking extraordinary measures. Any action toward removal of hitches or wheels or to attach such recreational vehicle to the ground for stabilization purposes is hereby prohibited.

(2)         Moreover, no campground or RV park lot shall be occupied for more than one hundred eighty (180) days in any calendar year and no campground or RV park lot shall be the primary and principal residence of the owner or any other occupant as evidenced by use of the campground as a permanent address for conducting a business, securing a license of any kind, taxing, voting or other purposes. Public school attendance, voting or licenses issued to campground addresses and similar actions by the occupant shall serve as evidence of such permanent occupancy. Each campground or RV park lot is to be used and occupied strictly for camping and recreational purposes and the mechanisms used to establish and ensure this shall be subject to review and approval by Dingman Township.

(3)         The Township Code Enforcement Officer shall issue certificates of existing placement for all recreational vehicles legally placed before January 1, 2014, and not in use as a permanent residence. An affidavit, in a form generated by the Township, shall be executed by the owner(s) of any lot requesting a placement permit for purposes of establishing that the lot/unit is not being and will not be used as a permanent residence. Thereafter, no recreational vehicle shall be placed on a Destination Campground or RV Park lot without a permit issued by the Township Code Enforcement Officer during normal township business hours pursuant to the Dingman Township Zoning Ordinance.

(4)         These occupancy requirements shall be attached to each campground or RV park lot sale or membership by restrictive covenant, which specific covenant shall incorporate a provision that that it shall not be amended without Township Board of Supervisors approval, notwithstanding any other provision of the deed or declaration of covenants or restrictions.

(5)         As a mechanism to enforce these provisions, the Board of Supervisors may, by resolution, require that all persons bringing a recreational vehicle into Dingman Township first obtain a permit of limited duration to do so, which permits shall be issued by the Township Code Enforcement Officer.

(6)         The management of every campground or RV park shall be responsible for maintaining accurate records concerning the occupancy of all campground or RV park lots. The management shall maintain a register of the owners and occupants of all lots and their permanent residencies which residencies shall not be within the campground or RV park. Such records shall be available to Township Code Enforcement personnel at all times and a monthly report of the same shall be provided to Dingman Township, including names of owners and dates of occupancy. A Post Office box shall not, for these purposes, be considered a residence location.

(7)         The term "management" shall include associations of property owners when such are responsible for maintenance and operation of common facilities. The Township Code Enforcement Officer shall have access to, and the right to inspect, records for evidence of permanent residency or lack thereof. The Board of Supervisors and/or Code Enforcement Officer shall, in addition, have the authority, when any provision of this ordinance is violated, to prohibit the occupancy of any and all campground or RV park lots in a recreational development until the owners and/or management provide evidence of compliance with these provisions.

M.         Sanitary Facilities. No owner or occupant of any campground or RV park lot or within such campground or RV park lot shall permit or allow the dumping or placement of any sanitary or other waste anywhere upon any campground or RV park lot or elsewhere within the development, except in places designated therefore. No outside toilets (e.g., privies, portable chemical toilets) shall be erected or maintained on any campground or RV park lot. Sanitary facilities, including toilets, urinals and showers, shall be provided in separate buildings located not less than one-hundred (100) feet or more than 500 feet from each campground or RV park lot.

N.          Fences. All property lines within the development shall be kept free and open; and no fences, except as may be required for screening or security around the perimeter of the development or public use facilities shall be permitted.

O.          Nuisances. No noxious or offensive activities or nuisances shall be permitted on any campground or RV park lot or anywhere within such developments. Such nuisances shall include, but not be limited to; (1) noise exceeding zoning standards; (2) uncontrolled fires or any burning which results in soot, cinders, smoke, noxious fumes, gases or unusual odors emanating beyond the property line of the development; and (3) any other activity causing health and safety problems for adjacent landowners or residents. Responsibility for meeting such requirements shall extend in all circumstances to individual occupants of campground or RV park lots as well as owners and operators.

P.           Animals. No animals shall be kept or maintained on any campground or RV park lot, except the usual household pets (e.g. domestic cats and dogs) as provided under the Dingman Township Zoning Ordinance. Pets shall be kept confined to the subject lot and maintained in such a way as not to become a nuisance.  Pets taken off the lot must be leashed and under control at all times. Strictly prohibited is the keeping of wild animals, crosses of domestic with wild animals, including wolves, non-domestic cats, any reptiles and any species not indigenous to the area.

Q.          Garbage and refuse disposal. No person shall burn trash, yard waste or other like refuse on any campground or RV park lot. All refuse shall be placed and kept in receptacles compliant with the Dingman Township Solid Waste Ordinance, which shall be provided by the owners of the campground or RV lots. RV Parks and Campgrounds shall be required to recycle all items required by the Dingman Township Solid Waste Ordinance and shall provide appropriate containers for such use. All yard waste (leaves, brush, dead plants, etc.) shall be collected and processed in accordance with the applicable requirements of the Dingman Township Solid Waste Ordinance. No owner or occupant shall permit the accumulation of litter or refuse or junk vehicles on a campground or RV park lot.

R.           Camping accessories. Notwithstanding any provisions herein contained to the contrary, picnic tables, benches, fireboxes or fireplaces and similar items of personal property may be placed on a campground or RV park lot.

S.            Ditches and swales. Each owner shall keep drainage ditches and swales located on his campground or RV park lot free and unobstructed and in good repair and shall provide for the installation of such culverts upon his campground or RV park lot as may be reasonable required for proper drainage.

T.            Drilling and mining. No drilling, refining, quarrying or mining operation of any kind shall be permitted, nor shall drilling for water or digging of water wells be permitted on any individual campground or RV park lot.

U.          Accessories and appurtenances. No permanent external appurtenances, such as carports, extra rooms, porches or other additions may be attached to any travel trailer or other recreational vehicle parked in a campground or RV park. Absolutely no attachments or appurtenances will be permitted that do meet fully with the American National Standards Institute standards and the Federal Motor Vehicle Safety Standards. Accessory structures, including free-standing decks, gazebos, platforms and non-electrified storage buildings of no more than one hundred square feet in floor area, which comply with the Dingman Township Building Code and do not interfere with immediate removal of a recreational vehicle, shall be permitted subject to application being made to the Township.

V.           Fire and emergency access. Every campsite shall be accessible by fire and emergency equipment and shall be maintained in such condition, free of obstacles to access. Campfires must be maintained and attended in accordance with the Dingman Township Fire Protection Ordinance with an appropriate means of extinguishing the fire kept close by. No outdoor fires may be ignited or maintained during times of a federal, state, county, or municipal burning ban.

W.         Covenants or management plan. The operational standards contained in this section (§ 6 K through § 6 V) shall be incorporated in restrictive covenants attached to the deeds for lots in any destination (non-transient) campground or RV park. They shall, likewise, be made part of a management plan for any transient campground or RV park. Such covenants and/or plan shall be approved by the Board of Supervisors in its review of site development plans for the campground or RV park. The plan and/or covenants shall also provide the Township with the right to periodically inspect the development for continued compliance with Township requirements.

X.          Amenities. All campground and RV park amenities, including but not limited to showers, laundries, recreational facilities and the like, shall be constructed to the standards set forth herein regarding setbacks and screening. Outside showers or laundries shall not be permitted.

Y.          Motor Vehicles. All motor vehicles kept or maintained on an RV Park or Campground lot must possess a current license, registration, inspection and be insured in accordance with the laws of the owner’s state of residence. All-terrain vehicles (e.g. quad bikes, snowmobiles and the like) must possess a current license or permit that is valid for operation in Pennsylvania. The keeping of a motor vehicle that is inoperable, junk, partially dismantled, or otherwise in violation of this section shall be prohibited.

§ 7 - Applicability to existing campgrounds and parks.

A.           Extensions. The regulations of this ordinance shall fully apply to all extensions of existing campgrounds or RV parks, including increases in the number of lots or available spaces, even though no addition to total land area is involved.

B.           Applicability of operational standards. The non-structural operational standards of this Ordinance, §6 G, K, L, M, N, O, P, Q, R, S, T U, V, W, and Y, shall also apply to existing campgrounds and RV parks and all other standards shall apply to any existing properties within campgrounds and RV parks insofar as future improvements. All legally existing improvements shall be considered non-conforming and permitted to continue, provided they are registered with RV park management and corrections, to the maximum extent practicable, are made at the time of re-sale and/or placement of a new or different camping unit on the lot.

C.           Nothing herein shall authorize the application of any different standards on the basis of private covenants and restrictions.

§ 8 - Variances.

A.           The Dingman Township Board of Supervisors may, for good cause shown, authorize variations from the strict interpretation of the provisions of this ordinance insofar as design or development is concerned.

B.           Procedure for variance.

(1)         The owner of an existing campground or RV park may apply for a variance by filing an application with the Code Enforcement Officer, together with an application for a license, setting forth the reasons for the variance.

(2)         The application for the variance shall be provided to Dingman Township Planning Commission for a forty-five (45) day opportunity to review and comment. The Board of Supervisors, after receiving the recommendations from the Township Code Enforcement Officer and the Planning Commission, shall have the authority to grant or deny the variance, which action shall be taken within ninety (90) days of the Code Enforcement Officer's receipt of the variance application.

(3)         Variance criteria shall be as follows:

(a)          That there are special circumstances or conditions applying to the property that do not apply generally to property in the vicinity.

(b)         That said circumstances or conditions are such that strict application of the provisions of this ordinance would deprive the applicant of reasonable use of the property.

(c)          That the variance granted is the minimum relief to allow reasonable use of the property.

(d)         That the granting of such variance will not be materially detrimental to the public welfare or injurious to neighboring properties.

§  9 - Enforcement.

The Code Enforcement Officer shall enforce all of the provisions of this ordinance and shall have the right, at all reasonable times, including evening hours, to enter and inspect any campground or RV park or other premises used as campground or RV park lots or for the parking or placement of recreational vehicles.

§ 10 - Revocation of license.

A.           If the Code Enforcement Officer finds a campground or RV park for which a license has been issued or renewed is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this ordinance or pursuant to its license or approval or has not been renewed, the Code Enforcement Officer may serve personally or by certified mail upon the holder of the license a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after the service of such order.

B.           If the holder of such license shall refuse or fail to correct the condition or conditions specified in such order, the Code Enforcement Officer may revoke such license and the holder of the license shall thereupon immediately, with notice to occupants, terminate the operation of such campground or RV park and held to be in violation of this law. A license that has not been renewed as required shall be considered automatically revoked and be surrendered.

C.           If the owner or operator of such recreational vehicle park shall thereafter correct such conditions and bring the recreational vehicle park into compliance with this ordinance, such owner may then apply for issuance of a new license or license renewal, as applicable, for such park, and if the application is approved and license is granted, the applicant shall pay to the Township the fee required by this ordinance without any credit for the fee paid for the license which was revoked.

§ 11 - Penalties for offenses and remedies.

A.          Any person, partnership, association or corporation who uses any property or allows property to be used in violation of any provision of this ordinance shall be guilty of an offense against this ordinance and subject to a civil penalty of up to $600 per day. When a violation of any of the provisions of this ordinance is continuous, each day or portion thereof shall constitute a separate and distinct violation.

B.           The Code Enforcement Officer may, after resolution of the Board of Supervisors authorizing such action and, in addition to the above-provided penalties, maintain an action or proceeding in the name of the Township in a court of competent jurisdiction to compel compliance with this ordinance or to restrain by injunction the violation of this ordinance.

C.           The Code Enforcement Officer may also in the case of violations of the foregoing provisions by any campground or RV park lot occupant, regardless whether or not such campground or RV park has a current license, remove or cause to be removed all camping facilities and persons associated with such activity. This shall include tents, vehicles, recreational vehicles, personal equipment and other goods. Such person or persons shall also be guilty of a violation and be punished as provided in Section A. The Code Enforcement Officer may provide any violator who is not a repeat violator with a warning and order to immediately cease and desist in the violating activity and upon failure of the violator to do so shall institute the actions provided above. He may enter onto the grounds of any property for purposes of determining compliance.

D.           Nothing in this section or ordinance shall be construed as to restrict the Code Enforcement Officer in any way from exercising the enforcement remedies found in any State law or municipal ordinance for which the property/property owner may also be in violation.

§ 12 - Exceptions.

None of the provisions of this ordinance shall be applicable to the following:

A.           The business of recreational vehicle sales, except that sales of unoccupied RV units in a campground or RV park shall be conducted in a separately permitted area of the facility that shall be subject to land development and Conditional Use approval. Notwithstanding these provisions, no commercial businesses or home occupations shall be conducted from with a campground or RV park. The existence of a business or home occupation shall be considered evidence of permanent occupancy in violation of this Ordinance.

B.           The storage of a recreational vehicle not being used on a residential property that serves as the principal residence by the owner of such recreational vehicle; provided, however, that such unoccupied recreational vehicle shall not be parked or located between the street line and the front building line of such premises.

C.           Tent camping in the yard of any residence outside of a campground or RV park on a temporary basis.

D.           The short-term parking and use of RV’s by guests of a residential property owner.

E.            Group tent camping on a short-term basis.

F.            The temporary use of an RV as a residence while replacing a residence destroyed by fire, flood or pother calamity, if first approved by the Dingman Township Board of Supervisors.

G.           The temporary use of an RV as a construction office if first approved by the Dingman Township Board of Supervisors.

§ 13 - General provisions.

A.           If any section, paragraph, subsection or provision of this ordinance shall be found invalid, such invalidity shall apply to the section, paragraph, subsection, or provision adjudged invalid and the remainder of the ordinance shall remain valid and effective.

B.           The issuance of any permit or license pursuant to the provisions of this ordinance shall not be deemed to waive compliance by the holder thereof, by the property owner or by any occupant of any court or campground or RV park, with any statute of the Commonwealth of Pennsylvania, law or health regulation of the Commonwealth or Dingman Township or with any provision of this ordinance.

C.           The Code Enforcement Officer and associated personnel of the Township shall have full authority, in the course of investigating a possible violation or processing an application, to enter upon the premises of the campground or RV park, after displaying his or her credentials to the management thereof and shall have further have the authority to determine if any lot or space in a campground or RV park is being occupied permanently in violation of the provisions hereof.

§ 14 - Effective date.

This ordinance will take effect five (5) days after enactment.

 

 

 

            Ordained and enacted this _________ day of ___________,  201__.PRIVATE

 

 

                                                                                       DINGMANTOWNSHIP                                                                                                                  BOARD OF SUPERVISORS

 

 

                                                                                    _____________________________                                                                                                  Thomas E. Mincer

 

Attest:

                                                                                    _____________________________

                                                                                    Dennis L. Brink

_____________________________

 

                                                                                    _____________________________                                                                                                  Kerry Welsh