Campground Resorts are of such substantially different character from other conditional uses that specific and additional standards are hereby established to assist the Board of Commissioners in their decision making process.

(Ord. of 8-19-2008, art. IX, § 1)

2.1.

The purpose of campground resort regulations is to insure that each new or enlarged campground resort provides the necessary facilities, sites, amenities, and other requirements in the interest of preserving the public safety, health, and general welfare, and that such developments provide a quality camping opportunity for visitors to the County.

2.2.

The regulations within this Article are designed to accomplish the following specific objectives: (a) to further the orderly layout of campground resorts; (b) to secure safety from fire, panic, and other dangers; (c) to provide adequate light and air; and (d) to ensure that facilities for transportation, parking, water, sewage, and recreation are provided for campground resort visitors.

(Ord. of 8-19-2008, art. IX, § 2)

When used in this Article, the following words and phrases shall have the meaning given in this Article. Terms not herein defined shall have their customary definitions where not inconsistent with the context. The term "shall" is mandatory and words used in the singular include the plural and those in the present include the future tense.

3.1.

Campground Resort. A campground resort is a designated place where campsite spaces are located for temporary occupancy by camping units on a temporary basis for recreation, education or vacation purposes, as approved by the Board of Commissioners. Campground and campground resorts shall be used synonymously throughout this Article.

3.2.

Camping Unit. A recreational vehicle, tent, shelter, van or other similar device used for camping.

3.3.

Campsite space. A space designed and promoted for the purpose of locating a camping unit.

3.4.

Composting Toilet. A human waste disposal system that converts human waste into an organic compost and usable soil, through the natural breakdown of organic matter into its essential minerals.

3.5.

Developer. Any person, firm, trust, partnership, association or corporation engaged in development, or proposed development of a campground resort.

3.6.

Easement. The right to use another person's property, but only for a limited and specifically named purpose, the owner generally continues to make use of such land since he/she has given up only certain and not all, ownership rights.

3.7.

Facility. A structure that is an amenity within a campground resort set aside or otherwise made available to campers for their use and enjoyment of the campground, and includes camping units, swimming pools, tennis courts, recreational buildings, boat docks, restrooms, showers, laundry rooms, trading posts or grocery stores, and as otherwise approved by the Board of Commissioners.

3.8.

Freestanding sign. a sign wholly supported by a sign structure in the ground.

3.9.

Gray water. Disposal water from sinks, showers, and toilets.

3.10.

Incinerator. A device capable of reducing waste materials to ashes.

3.11.

Length. The distance measured from the tip of the hitch to the part farthest to the rear of a recreational vehicle (as defined in NC State Building Code Volume II—Plumbing, Appendix B, 1996 edition).

3.12.

Marl. Impure fine grained limestone.

3.13.

Mechanical Aeration System. A mechanically aerated treatment tank and other appurtenances that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area.

3.14.

Open Space. Any land or area, common or restricted, the preservation of which in its present use would: (1) conserve and enhance natural or scenic resources; or (2) protect streams or water supply; or (3) promote conservation of soils, wetlands, beaches, or tidal marshes; or (4) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhance recreation opportunities, as approved by the Board of Commissioners.

3.15.

Private Street. Every road not open to the use of the public for the purpose of vehicular traffic; a roadway within a private property and is privately owned and maintained. The main function is to provide access to the adjacent private land. Private streets shall be labeled on the recorded plat or deed.

3.16.

Privy. A small building having a bench with holes through which the user may defecate or urinate, designed to receive sewage where water under pressure is not available.

3.17.

Public Street. A dedicated and accepted public right-of-way which gives access to abutting property that is generally open to and used by the public for vehicular traffic and meets the standards of this Article. Public streets shall meet the most recent North Carolina Department of Transportation minimum construction standards if owner of property wants NCDOT to maintain the public streets. All streets within the campground shall be privately owned and maintained unless approved by NCDOT. The term "public street" shall not be construed to mean any private property not generally open to and used by the public.

3.18.

Water Supply System. A system for the provision of water for human consumption through pipes or other constructed conveyances.

3.19.

Recreational Vehicle. A vehicle-type unit primarily (above all) designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home (as defined in Section 551, NEC; NFPA 501C; and ANSI 119.5). Recreational vehicles shall not be accepted as permanent dwelling structures and do not include park models or any other type of permanent unit. Recreational vehicles shall not have any permanent (hard) wiring, plumbing, or mechanical connections. The term recreational vehicle, camper, and travel shall be used synonymously throughout this Article.

A.

Independent Recreational Vehicle. One equipped with a water closet and a bath or shower as defined in NC State Building Code Volume II—Plumbing, Appendix B, 1996 edition.

B.

Dependent Recreational Vehicle. A trailer coach not equipped with a water closet as defined in NC State Building Code Volume II—Plumbing, Appendix B, 1996 edition.

3.20.

Recycling toilet. A device in which the flushing medium is restored to a condition suitable for reuse in flushing.

3.21.

Septic Tank System. A subsurface sanitary sewage system consisting of a settling tank and a subsurface disposal field and other appurtenances required for proper collection, distribution, treatment, disposal, operation and performance.

3.22.

Service Building. A building housing toilet and bathing facilities for men and women, with laundry tray as defined in NC State Building Code Volume II—Plumbing, Appendix B, 1996 edition.

3.23.

Setbacks. The distance between a structure and the internal boundary line (i.e. campsite space line) or external boundary line.

3.24.

Sewage. A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals and noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to use of water for domestic water supply or for recreation.

3.25.

Sewage System. A complete system of sewage collection, treatment and disposal, including approved privies, septic tank systems, incinerators, composting toilets, recycling toilets, mechanical aeration systems, or other such systems approved by the Board of Commissioners. The sewage system shall be public or private or a combination of both.

3.26.

Shelter. A camping unit that provides cover or protection, as from the weather. The Board of Commissioners may require that shelters include bathroom, kitchen, and sleeping amenities among other amenities.

3.27.

Structure. Any piece of work constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground.

3.28.

Surveyor. A qualified land surveyor or engineer registered and currently licensed to practice surveying in the State of North Carolina.

3.29.

Tent. A portable cover of canvas, plastic, or skins stretched over a supporting framework of poles with ropes and pegs.

3.30.

Van. An enclosed boxlike motor vehicle having rear or side doors and side panels.

3.31.

Workday. The part of a day during which most businesses are operating, usually Monday through Friday.

(Ord. of 8-19-2008, art. IX, § 3)

4.1.

Streets and Parking.

A.

Off-Street Parking Requirements.

i.

Two (2) off-street parking spaces shall be provided and maintained for each campsite space or as specified by the Board of Commissioners, which may be located directly on each campsite space.

ii.

The minimum dimensions of a parking space shall be 8 by 20 feet.

iii.

Parking on any grounds which are not a part of the vehicle parking area, including public streets, sidewalks, right-of-ways, or any other private grounds, is prohibited.

iv.

All parking within the campground resort shall take place off the internal street(s) within designated parking areas only.

B.

Public Street Access. No campsite space within a campground resort shall directly access a road from the exterior [of] the campground. Access to all structures within the campground shall be made using internal streets, unless otherwise approved by the Board of Commissioners.

C.

Internal Street Standards.

i.

One-way and/or two-way streets shall be used throughout the campground. Two-way streets shall have minimum right-of-way width of fifty (50) feet (where necessary for adequate drainage, additional right-of-way may be required) and a minimum travel way width of twenty (20) feet or the minimum width, as required in the Montgomery County Subdivision Ordinance, whichever is more restrictive. Such streets shall be well maintained and clearly identified. All streets within the campground shall be privately owned and maintained unless approved by NCDOT.

ii.

One-way streets are not subject to the requirements listed above. Such streets shall provide for the adequate access of emergency vehicles. Private street plans shall be approved by the Montgomery County Emergency Management Director.

iii.

All internal streets that dead-end shall be provided with a permanent turnaround of forty (40) feet in diameter or provide a turn-around designed for emergency vehicles within one hundred (100) feet of the end of the street as specified in the Montgomery County Subdivision Ordinance.

iv.

All internal streets within the campground resort shall be equipped with adequate and necessary drainage facilities, as determined by the Board of Commissioners.

v.

Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground if not approved by NCDOT. Streets shall be maintained in a manner to be free from pot holes, breaks in the pavement, rough surfaces, ponding of water and associated problems which would impede or cause hazards to motor vehicles. Speed reduction bumps on paved internal streets are permissible, but they shall be painted and appropriate signs indicating the bump shall be placed along the street. These requirements are subject to inspection anytime by a Montgomery County agent.

D.

Ingress and Egress.

i.

Campgrounds shall not be located on through lots unless the campground is designed in a manner which does not encourage motorists from using the campground as a means of traveling from one public street to another or unless approved by the Board of Commissioners.

ii.

All campground entrances/driveways shall be approved by the North Carolina Department of Transportation as required by NC state law.

4.2.

Campground Space.

A.

Minimum Campground Design and Regulations.

i.

All Campgrounds shall have a gross land area that is large enough to offer room for its campsite spaces and any other regulation as set forth in this Article.

ii.

A stick built, modular, mobile or manufactured home, or other permanent dwelling as approved by the Planning Department, may be located within the campground for the owner, manager or caretaker(s) of the campground to reside in temporarily or permanently.

iii.

The campground shall be adequately screened with ten (10) feet vegetation and/or natural features around its exterior boundary lines. This strip shall be free of all encroachment by buildings, parking areas or other type of impervious coverage. No designated campsite spaces shall include any areas required for buffering in accordance with this Article.

iv.

Large trash receptacles, pump-out facilities, dumping stations, and maintenance areas shall be screened from the public view.

v.

All areas not used for camping spaces, motor vehicle parking, traffic circulation, service or community buildings, or approved recreational area (by the Board of Commissioners) shall be completely and permanently landscaped or maintain existing natural vegetation. The landscaping shall be maintained in good condition.

vi.

Children under 16 shall wear helmets when operating golf carts, four-wheelers, etc.

vii.

Trash cans may be provided in convenient locations for the use of guests of the campground and shall be of such capacity that there is no uncovered accumulation of trash at any time.

viii.

No trenching, digging, cutting shrubs or trees by campers.

ix.

Discharging of gray water is prohibited. All water is to be collected and emptied at the dump station. This is according to NCGS 143-215.

x.

Firearms shall not be displayed or discharged in the campground.

xi.

Shelters may be available for lodging to one or more campers while they are camping.

xii.

A walkway (design standards must be approved by the Board of Commissioners) shall be available from the parking area, facilities, and similar amenities to each campsite space. The North Carolina Accessibility Code shall be met and approved by the Inspections Department.

xiii.

No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable Montgomery County Health Department regulations. No bathing area shall be used without the approval of the Montgomery County Health Department and the Montgomery County Inspections Department.

xiv.

The campground owner is responsible for refuse collection. Storage, collection, and disposal of refuse shall be so managed as not to create health hazards, rodent harborage, insect-breeding areas, accidents, fire hazards, or air pollution. The method of garbage disposal shall be noted on the plan.

xv.

Where greenway or trail systems exist within 1,000 feet of a campground the developer shall connect to such system unless this requirement is waived by the Board of Commissioners.

i.

The total area utilized for any structures, parking, campsite spaces, and access shall not exceed 30% of the total area of the campground.

xvi.

A minimum of 70% of the total land area shall be devoted to open space.

xvii.

Signs may be placed within campground for purposes of public direction and safety.

xviii.

One freestanding sign for the purposed of advertising the campground shall be constructed at the entrance(s) of the campground and shall comply with the sign regulations for the commercial zoned district.

xix.

There shall be a maximum of three off-premise signs which must meet underlying zoning regulations.

xx.

Junked, abandoned, and nuisance vehicles are prohibited in campground resorts as defined in "An Ordinance to Regulate Abandoned, Nuisance, and Junked Vehicles."

xxi.

All structures shall adhere to applicable NC State Plumbing, Building, Mechanical, Electrical, Fire Prevention, and Accessibility Codes.

B.

Minimum Space Design and Regulations.

i.

The following minimum space requirements also takes into account the need for adequate space to prevent overcrowding, prevent fire hazards, provide sufficient light and air, etc.

a.

Minimum campsite space size, 1,250 square feet, unless a camper accommodating campsite space, which shall be a minimum of 3,000 square feet. Campsite space size for shelters may vary upon approval by the Board of Commissioners.

b.

Minimum campsite space width, 25 feet, unless a camper accommodating campsite space width, 35 feet. Campsite space width for shelters may vary upon approval by the Board of Commissioners.

c.

Minimum campsite space setbacks. No camping unit or permanent structure shall be within 10 feet of any internal boundary line.

ii.

Each site designated as camper accommodating shall contain a stabilized vehicular parking pad of packed gravel, marl, paving or other suitable material.

iii.

Each campsite space may provide a fire pit or ring if burning is permitted within campground. No trash burning is allowed other than in fire pit or ring and no burning other than paper and wood is allowed. Fires shall be extinguished before leaving or retiring.

iv.

Tables may be provided at campsites spaces.

v.

Each camping unit or permanent structure shall be located at least thirty (30) feet from the edge of any external property line or publicly-maintained street or road.

vi.

Room additions, porches, and storage units of any kind are not allowed in campsite spaces. The Board of Commissioners may approve porches in association with shelters.

vii.

Only one recreational vehicle per camper accommodating space is allowed.

viii.

Each campsite space shall be left in a clean, neat condition by the campsite user.

ix.

All spaces shall be located on sites with elevations that are not susceptible to flooding. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space. This requirement is not intended to circumvent FEMA regulations or the county's Flood Management Ordinance.

C.

Spaces Numbered. Each campsite space shall be identified by a permanent number which shall not be changed. The appropriate number of each campsite space shall be permanent and visibly displayed on each space. Each number shall be placed on a concrete, wood, metal, or any permanent post or object and conspicuously located on the lot If a shelter, as approved by the Board of Commissioners, contains separate sleeping quarters for campers, each quarter must be labeled.

(Ord. of 8-19-2008, art. IX, § 4)

5.1.

Water. An accessible, adequate, safe and potable supply of water shall be provided in each camper accommodating campground or as required by the Board of Commissioners. Where a public water supply is available and if the water system is installed in accordance with minimum county standards, per campground owner approval, the developer could dedicate the system to the county to operate, and its supply used exclusively. When a public water supply is not available, a private water supply may be developed and its supply used exclusively in accordance with local and state regulations and standards of the Division of Environmental Management, NC Department of Environment, Health, and Natural Resources codified in 15A NCAC 2C. Siting well locations should be discussed with the Montgomery County Health Department.

A.

All piping fixtures or devices used in the installation of drainage and water supply systems for campgrounds, or parts thereof, shall conform to the quality and weights of materials required by the Standard Plumbing Code.

B.

All plumbing fixtures, piping, drains, appurtenances and appliances designed and used in campground drainage, water supply system, and service connections shall be installed in conformance with the Standard Plumbing Code.

5.2.

Sewage and Plumbing System. Adequate and safe sewage systems shall be provided in all camper accommodating campgrounds and may also be utilized in noncamper accommodating campgrounds. The Board of Commissioners may stipulate sewage systems for noncamper accommodating campgrounds. A sewage system can be hooked up to a public sewage system if feasibly available, per campground owner approval. A public or private sewage system complying with the requirements of the North Carolina Department of Environment, Health and Natural Resources shall be provided in every camper accommodating campground. Sewage dumping stations (holding tanks) shall be approved by the Montgomery County Health Department. Each campground shall provide sewage dumping stations which are not equipped with individual sewer and water connections.

A.

No method of sewage disposal shall be installed, altered, or used without the approval of the Montgomery County Health Department and the approval of the Montgomery County Inspections Department. All sewage wastes from each campground, including wastes from toilets, showers, bathtubs, lavatories, wash basins, sinks, and water using appliances not herein mentioned, shall be piped into an approved sewage disposal system.

B.

All regulations defined in Appendix B Travel Trailers and Travel Trailer Parks of the NC State Building Code, Volume II—Plumbing, shall be met and approved by the Montgomery County Inspections Department for all campgrounds.

5.3.

Health. Building and grounds shall be maintained free of rodent/insect harborage and infestation. Extermination methods and other control measures shall be in accordance with the requirements of licensed pest control operators. The campground owner shall be responsible for pest extermination and pest control measures to prevent the development of unsanitary conditions.

5.4.

Service Buildings. Pursuant to N.C. State Building Code, each camper accommodating campground shall have at least one service building to provide necessary sanitation and laundry tray. Noncamper accommodation campgrounds may be required by the Board of Commissioners to include service buildings. This structure may also contain a retail sales counter and/or coin operated machine for the campground resident's use. Vending machines also may be permitted in a covered area. All service buildings shall be of a permanent construction with an interior finish of moisture resistant material which will stand frequent washing and cleaning and the building shall be well-lighted and ventilated at all times. All service buildings shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be easily accessible and conveniently located. All service buildings shall be accessible to the Montgomery County Health Department and shall be in conformity with all county codes. All buildings shall be constructed in accordance with the N.C. State Building Code, and shall meet N.C. State Building Code or Montgomery County setback requirements, whichever is more restrictive. The following is per NC State Building Code Volume II—Plumbing, Appendix B, 1996 edition:

A.

Independent Recreational vehicles. The service buildings of only independent recreational vehicles campgrounds shall have a minimum of one laundry tray, one water closet, one lavatory, one shower or bathtub for women and one water closet, one lavatory, one shower or bathtub for men.

B.

Dependent Recreational vehicles. The service buildings in campgrounds that also accommodate dependent recreational vehicles (recreational vehicles) shall have a minimum of one laundry tray, two water closets, one lavatory, one shower or bathtub for women, and one water closet, one urinal, one shower or bathtub for men and one slop water closet for emptying container of human waste. The above facilities are for a maximum of ten dependent recreational vehicles. For every ten additional dependent recreational vehicles the following additional fixtures shall be provided: One laundry and one shower or bathtub for each sex, one water closet for every 10 additional dependent recreational vehicles for women and one water closet for every 15 additional dependent recreational vehicles for men.

C.

Water Supply for Fixtures. Hot and cold water shall be provided for all fixtures except water closets. The slop-water closet shall be provided with hot and cold water faucets over the bowl in addition to the flushing mechanism (preferably a flushometer valve). Each water closet, slop-water closet, tub and shower shall be in separate compartments, with self-closing doors on all water closet compartments. The shower shall be a minimum of 3 × 3 ft (91[4] × 914 mm) in area, with a dressing compartment with a stool or bench for women. The laundry trays and washing machines shall be contained in a room separate from the toilet rooms. A minimum 3-inch floor drain shall be installed in each toilet room and laundry room.

5.5.

[Recreational Vehicles.] Recreational Vehicles can not be accepted as permanent dwelling structures and can not have any permanent (hard) wiring, plumbing, or mechanical connections. The power supply is installed in accordance with Section 552-43 of the 1999 NEC. Section 552-43(a) is given below:

(a)

Feeder. The power supply to the recreational vehicle shall be a feeder assembly consisting of not more than one listed 30-ampere or 50-ampere recreational vehicle power-supply cord with an integrally molded or securely attached cap, or a permanently installed feeder.

(Ord. of 8-19-2008, art. IX, § 5)

Every campground owner or operator shall maintain an accurate register containing a record of all occupants in the campground. The register shall be available for inspection at all times by authorized county representatives. The register shall contain the following information:

A.

Name and address of the occupants of each space.

B.

Campsite space number and/or appropriate quarter within a shelter.

C.

Date when occupancy within the campground begins and date when occupancy within the campground ceases.

(Ord. of 8-19-2008, art. IX, § 6)

No permanent sites. No campsite space shall be used as a permanent place of abode. Any action toward removal of wheels of a camper except for temporary purposes of repair is hereby prohibited. The transfer of title of a camper space or spaces either by sale or by any other manner shall be prohibited within a campground. Guests may only stay for a period of time not to exceed two weeks in any given four week period.

(Ord. of 8-19-2008, art. IX, § 7)

8.1.

The Montgomery County Health Department, the Montgomery County Building Inspections Department, the Montgomery County Planning Department, and any representative acting in official capacity on behalf on Montgomery County as determined by the County Manager, is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this Article. It shall be the duty of the owners of campgrounds to give these agencies free access to such premises for inspections.

8.2.

The person to whom an operating permit for a campground is issued shall operate the campground in compliance with this Article and shall provide adequate supervision to maintain the campground, its facilities and equipment in good repair and in a clean and sanitary condition.

8.3.

The campground owner shall notify campground visitors of all applicable provisions of this Article and inform them of their responsibilities under this Article.

(Ord. of 8-19-2008, art. IX, § 8)

Campground resorts may be established upon receiving conditional use permit approval by the Montgomery County Board of Commissioners. Campground resorts are a conditional use in the Residential 1 zoning district, and a conditional use in every district listed thereafter in the Montgomery County Zoning Ordinance.

(Ord. of 8-19-2008, art. IX, § 9)

10.1.

Prior to the construction of a campground or the expansion of an existing campground, the developer shall submit a final campground site plan to the Montgomery County Planning Department. Twelve (12) copies of the proposed final campground site plan shall be received at least twenty-five (25) workdays prior to the regularly scheduled meeting of the Montgomery County Planning Board if the plans are to be reviewed by the Board at that time.

10.2.

The applicant will also submit a draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed campground and a draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities.

10.3.

The campground site plan shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina, or the owner or his/her authorized agent and shall be drawn legibly at a scale of one hundred (100) feet to one (1) inch, or larger, and shall include the following.

10.4.

Plan Requirements.

A.

Vicinity Map, sketch showing relationship between campground and surrounding area.

B.

Private or public water/utility and sewer system plans.

C.

Surface and/or subsurface drainage plan.

D.

Size, location, and layout of the fire protection system as approved by the Emergency Management Director.

E.

Floodplain information, if necessary.

F.

Sedimentation control plan information in accordance with NC State Law.

G.

Method of garbage disposal and associated plans.

H.

Site plan data:

i.

Acreage in total tract.

ii.

Acreage in campground.

iii.

Name of the campground, developer, scale, date, tax map, and parcel number.

iv.

Title, date, graphic scale, north arrow.

v.

The outside boundaries of the tract of land on which the campground will be built and approximate bearings and distances of each line.

vi.

Total number of spaces and quarters within shelters.

vii.

Proposed campsite spaces well defined, indicating accurate dimensions, site numbers, and campsite space use, such as "tent campsite space," "camper accommodating campsite space," "shelter campsite space," etc.

viii.

Lineal feet in streets.

ix.

The location of existing property lines, streets, service buildings, natural and man made water courses, existing wells and septic tanks, railroads, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, city and county lines (if adjoining), drainage easements and public utility easements, all structures to be located on the campground site.

x.

The location and dimensions of present and proposed. campground streets and adjacent highways.

xi.

The proposed size, location, and layout of all streets, driveways, open recreational areas, land to be preserved as permanent common or restricted open space, parking areas, structures, easements, and campsite spaces.

xii.

All existing structures and proposed structures.

xiii.

Landscaping and buffering.

xiv.

Adjoining property owners.

xv.

Sign location, setback and dimensions.

xvi.

Existing uses and zoning districts on property and adjacent properties.

xvii.

Off-street parking, loading areas and their dimensions.

xviii.

Size, location and specification of water supply lines and their location.

xix.

Other special features of the campground determined by the Montgomery County Manager.

10.5.

Review Process.

A.

The standards contained in this Article are minimum standards. Additional standards may be required where necessary to meet other requirements of other Montgomery County ordinances (i.e. Floodplain, Watershed, Solid Waste, etc.) and as recommended by the Planning Board and required by the Board of Commissioners.

B.

The Zoning Administrator shall forward the proposed campground resort plans (see Section 10.4) to the Montgomery County Planning Board for review. The Zoning Administrator shall also forward a copy of the proposed campground resort plans to the NCDOT district highway engineer as to proposed streets, highways, and drainage systems, the Montgomery County Health Department as to proposed water and sewerage systems, the NC Department of Environmental Health and Natural Resources Land Quality Section as to the erosion control requirements, the Department of the Interior's U.S. Fish and Wildlife Service to proposed environmental disturbance, and all other appropriate agencies determined by Montgomery County staff for review and comments.

C.

Should any agency find deficiencies in the proposed campground resort plan, the developer or his agent shall be notified by the Planning Department to correct such deficiencies in the plan. Each agency shall notify the Planning Department after reviewing the proposed campground resort plan and shall provide a written statement of approval or disapproval. If disapproved, then the reasons therefor shall be stated. If deficiencies are found with the plan, the plan will then be returned to the developer for correction. If the review agencies determine no inconsistencies with applicable regulations, the Zoning Administrator shall then forward the proposed campground resort plan to the Montgomery County Planning Board for recommendation.

D.

On a case by case basis, the Planning Board may recommend waiving the requirement of the applicant furnishing plans as required in Section 10.4 including water, sewer, drainage, sediment erosion control, fire prevention, garbage disposal plans, and receiving approvals by applicable agencies providing that before a zoning permit can be issued, the plans are approved by those agencies and the Planning Department. For example, the Planning Board may forward a conditional use request to the Board of Commissioners before the applicant has received a Sediment Erosion Control Plan approval by the North Carolina Department of Environmental and Natural Resources (NCDENR). If during the meeting, the Planning Board establishes a need for certain plans and/or approvals which the applicant does not have, the Planning Board may table the request until the plans have been finalized and the proper approvals have been met by applicable agencies for the Planning Board's review.

10.6.

Plan Approval.

A.

The Montgomery County Board of Commissioners shall make a decision on conditional use permit approval based on site plan approval (see Section 10.4), all required final agency reviews, Planning Board recommendation, conditional use standards as specified in Article V, Section 4, and other available pertinent information. The Board of Commissioners may stipulate additional conditions and restrictions upon establishment, location, reconstruction, maintenance, and operation of the conditional use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Article V, Section 4.

B.

On a case by case basis, the Board of Commissioners may waive the requirement of furnishing plans as required in Section 10.4 including water, sewer, drainage, sediment erosion control, fire prevention, garbage disposal plans, and receiving the proper approvals by applicable agencies providing that before a zoning permit can be issued the plans are approved by those applicable agencies and the Planning Department. For example, the Board of Commissioners may approve a Campground Resort request before the applicant has received a Sediment Erosion Control Plan approval by the North Carolina Department of Environmental and Natural Resources (NCDENR) on condition that the site plan is not substantially changed after the approval is given by NCDENR. If the site plan is substantially changed, as determined by the Planning Department, the case must go before the Board of Commissioners again for approval.

C.

If during the meeting, the Board of Commissioners establishes a need for certain plans and/or approvals which the applicant does not have, the Board may table the request until the plans have been finalized and the proper approvals have been met by applicable agencies for the Board's review. If the Montgomery County Board of Commissioners should disapprove the proposed campground resort plan, the reasons for such action and recommended changes shall be given to the developer or his agent.

10.7.

Notification of Final Approval. After receiving conditional use permit approval for a campground resort by the Montgomery County Board of Commissioners the Planning Department shall send a letter to the campground resort owner indicating the approval that has been given. The letter shall also state that the Zoning Administrator is authorized to issue zoning permits so long as all applicable regulations as stipulated in this Article and Zoning Ordinance and applicable conditions required by the Board of Commissioners are being met. The letter shall state that the intent of the zoning permits is to enable the execution of the campground in the field and shall not be construed to entitle the recipient to offer spaces for rent, or to operate a campground as defined in this Article. Spaces can only be occupied after all required improvements have been installed and Certificates of Occupancies been issued by the Montgomery County Inspections and Planning Departments respectively.

(Ord. of 8-19-2008, art. IX, § 10)

11.1.

All campgrounds, which legally existed prior to the date of this Article, and which have submitted complete site plans to the Planning Department for review, shall be considered an "existing use" if:

A.

Site plans are submitted to the department no later than July 1, 2009; and

B.

The department issues a letter to the campground resort owner indicating that the campground legally an "existing use."

11.2.

If it is determined by the department that the campground does meet the above criteria, the department shall submit the letter, mentioned above, to the campground owner. At that time, only that portion of the campground identified in the site plan, will then be considered an "existing use."

11.3.

Only those campgrounds that retain the confirmation letter will be considered an "existing use." In the future, if one of the "existing use" campgrounds enlarges or expands, only that new portion of the campground will be required to meet the standards listed within this Article.

11.4.

The "existing use" campgrounds are to be allowed to remain as they are represented within the accepted site plan on only that portion of the property designated. If the use is vacated for over (1) one year the "existing use" designation shall be voided, and any new use of the property shall conform to the requirements of this Article.

11.5.

Legally determined existing campgrounds located in either a Campground or RV Zoning District shall continue operating under its associated zoning regulations.

11.6.

The "existing use" may be sold or transferred to new owners. The new owners will maintain the same rights as the previous owners.

(Ord. of 8-19-2008, art. IX, § 11)

12.1.

After receiving conditional use permit approval by the Montgomery County Board of Commissioners the developer may than proceed to seek Zoning Permits from the Planning Department. The Zoning Administrator shall ensure that all regulations as stipulated in this Article and Ordinance are being met.

12.2.

After the applicant has received necessary permits, including a building permit, they may begin constructing the campground.

12.3.

When the developer has completed the construction of the campground, he/she shall apply to the Planning Department for a Certificate of Occupancy. The Planning Department representative, Inspections Department representative, and Health Department representative shall make an on-site inspection of the campground before the Certificate of Occupancy can be given.

12.4.

If the campground conforms to the site plan and conditions approved by the Board of Commissioners and is in conformance with this Article and other applicable regulations, the Planning Department shall issue the developer a Certificate of Occupancy.

12.5.

If the plan does not conform, the Certificate of Occupancy will not be given.

12.6.

The Certificate of Occupancy issued to the developer shall constitute authority to rent spaces in the campground.

(Ord. of 8-19-2008, art. IX, § 12)

13.1.

Variances. Where strict adherence to the provisions of this Article would cause an unnecessary hardship because of topographical or other conditions peculiar to the site, the Board of Commissioners may authorize a variance, if conditions stated in Article VI, Section 33 are met. A variance given cannot destroy the intent of this Article. Any variance thus authorized shall be entered into the minutes of the Board of Commissioners and the reasoning on which the departure was justified shall be set forth.

13.2.

Expiration. If the Certificate of Occupancy is not issued within six (6) months, or within the time limit set by the Board of Commissioners, starting from the approval date of the conditional use permit, the Board of Commissioners may grant an extension of this approval if the developer appears to shows cause. If cause is not shown, the conditional use permit shall be null and void. The developer shall repeat all the required steps of procedure for securing conditional use permit approval of a campground resort. If the Board of Commissioners allows the campground to be constructed in stages, the Board shall specify which structures make up each stage, the time limits for each stage to be complete, and at what stage of the construction process may a Certificate of Occupancy be given.

13.3.

Penalties. If the campground is not in conformance to the approved site plan, this Article, and/or the conditions required by the Board of Commissioners, the conditional use permit shall be null and void and the unlawful use of the property must cease. This penalty is in addition to any other penalties which may be imposed by other applicable regulations and ordinances outside this Article, such as the Zoning Ordinance's watershed regulations and the Solid Waste Ordinance.

13.4.

Separability. Should any section or provision of these regulations be held void or invalid by the courts for any reason, it shall not affect the validity of any other section or provision hereof which is not itself held void and invalid. Wherever the provision of any other law, ordinance, or regulation imposes higher standards than are required by the provisions of this Article, the provisions of such law, ordinance, or regulations shall govern.

13.5.

Amendment Procedure. This Article may be amended from time to time by the Board of Commissioners as provided by the General Statutes. No amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation.

(Ord. of 8-19-2008, art. IX, § 13)

Camp at your own risk. Montgomery County is not responsible for any damage or injury caused by falling trees, falling limbs, or any act of nature or man.

(Ord. of 8-19-2008, art. IX, § 14)