This ordinance may be known and referred to as the Porter Township Campgrounds Ordinance.

The following definitions apply:

A.

CAMPGROUND: A parcel or tract of land under the control of a person, organization, group or entity in which sites are offered for the public or members of an organization, either free of charge or for a fee, for the establishment of temporary living quarters for more than three recreational units.

B.

RECREATIONAL UNIT: A tent or vehicular-type structure, primarily 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 which is self-powered. A recreational unit includes the following:

1)

Travel trailer, which is a vehicular portable structure, mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use.

2)

Camping trailer, which is a vehicular portable structure mounted on wheels and constructed with collapsible partial side walls of fabric, plastic or other pliable material which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recreational, camping or travel use.

3)

Motor home, which is a vehicular structure built on a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for recreational, camping or travel use.

4)

Truck camper, which is a portable structure designed to provide temporary living quarters for recreational, camping or travel use.

5)

Tents, a collapsible shelter of canvas or other fabric stretched and sustained by poles and used for outdoor camping.

This ordinance shall be liberally interpreted to apply, to regulate or control the uses set forth herein.

No campground shall be constructed or operated except on property zoned agricultural.

No campground shall operate unless it has a valid license issued by the township under the terms and provisions of this ordinance and any state or county licenses, township ordinances or permits which may be required by law. Including Act 171 of Public Acts of 1970, being Section 325.653, et seq.

Before beginning operation, the owner or operator of a proposed campground shall make application to the Township Clerk and pay a fee of $1.00 per site per year. The Township Board shall determine according to the guidelines set forth herein, whether the proposed campground meets the regulations and requirements set forth herein. The Township Board may issue the campground license or deny the application. A campground license shall be in effect for a one year period and must be renewed each year pursuant to this ordinance and by application and payment of all fees.

With the application for a new campground license, the applicant shall submit site and development plans to the Township Board or its authorized designated representative.

A campground application shall not be approved unless the following requirements are met:

A.

Possession of all required state, county or township licenses or permits, including, but not limited to those found in Act No. 171 of the Public Acts of 1970, being Section 325.653, et seq.

B.

There shall be one camping unit per site and limit of one family or four unrelated persons per site.

C.

Each campground must have central sanitary disposal facilities for the disposal of all sewage generated on the campground in conformance with State of Michigan and/or the Van Buren County Department of Human Services regulations or requirements.

D.

Proper waste and trash storage and removal facilities.

E.

Each site shall be a minimum of 1,200 square feet with a minimum road frontage of thirty feet with or access to a public road or highway to allow access by emergency vehicles and equipment.

F.

Proper and adequate drinking and cooking water systems.

G.

There shall be no permanent residents located in any campground. A person(s) shall be deemed a permanent resident if he or she occupies a recreational unit, travel trailer, camping trailer, motor home, travel camper or ten more than 200 days per calendar year.

H.

All recreational units, travel trailers, camping trailers, motor homes, travel campers or tents shall be self contained without necessity for sewer or water hook up.

I.

No excessive, loud or offensive noise or nuisance shall take place between the hours of 10:00 p. m. and 6:00 a.m.

J.

Boundaries, as defined in the campground site plan shall be conspicuously and permanently marked with no trespassing signs and fencing or shrubbery shall restrict and permanently marked with no trespassing signs and fencing or shrubbery shall restrict camper movement off of the camping property. Any areas defined as wetlands shall be adequately fenced, buffered or otherwise restricted as to human use, protecting such wetlands and refuge areas from human encroachment.

K.

There shall be no motorized off road conveyances, including, but not limited to, three wheeled all terrain vehicles, dirt bikes, four wheeled all terrain vehicles and trail bikes allowed in any campground.

L.

There shall be resident supervision whenever the campground is occupied.

All activities directly relating to recreational or camping use may be permitted. The sale of food, merchandise and/or products directly related to the needs of campground occupants only, may also be permitted. Rental of sporting and/or camping equipment may also be permitted. No sale of alcohol will be permitted.

This ordinance shall not apply to campgrounds used solely as a children's camp licensed by the Department of Social Services or to properties owned by individuals or corporations licensed pursuant to Act No. 289 of the Public Acts of 1965, being Section 286.621 et seq., of the Compiled Laws of 1948, or for property used for seasonal housing of agricultural workers. This section shall not be construed as to limit or in any way interfere with the enforcement of state laws or county officers having jurisdiction.

Upon expiration of a township campground license and request for renewal, the Township Board may renew the license provided that the requirements of this ordinance have been met and that there has been no violation of any law or ordinance by the licensee during the previous year or any change in the number of campsites or access roads.

A.

Any change or enlargement from original site plan shall come before the Township Board for approval at the time of license renewal.

After public hearing, the Township Board, in its sole discretion, may temporarily suspend and/or revoke a campground license issued upon finding of one or more of the following:

A.

Violation of any State Law, County Ordinance or Township Ordinance or condition of the State or Township campground license.

B.

Permitting activities on the premises which constitute a health hazard including, but not limited to, outdoor urination or defecation, dumping of sewage or waste materials on the property and/or placing trash or rubbish onto the property outside of enclosed containers or bins.

C.

Excessive, loud or offensive noise or music.

Before approval or renewal of a campground license, the campground shall be inspected by a representative of the local Fire Department to insure adequate emergency firefighting equipment and space to allow for the proper sighting of any fires on the premises. Camp fires may be permitted upon such restrictions and/or requirements as may be established by the inspecting representative of the local Fire Department.

As a condition for a township campground license, the owner and/or operator of the campground does hereby grant permission to representatives of the township, including but not limited to the Township Supervisor, the Building Inspector, representatives of the local Fire Department, representatives of the Van Buren County Human Services Department and any and all other appropriate representatives to inspect the campground and its facilities at any and all reasonable times and without notice. Refusal to allow inspection shall result in automatic suspension of the campground license.

In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person must file a written complaint, and such a complaint shall state fully the causes and basis thereof and shall be filed with the Zoning Administrator, who shall record properly such complaint, investigate and take action thereon as provided by this ordinance, and make an answer to the complaint.

PENALTY Any violation of or any failure to comply with the provisions of this Ordinance shall be deemed a misdemeanor and shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or both. Each day that a violation of this Ordinance is continued or permitted to exist without compliance shall constitute a separate offense punishable upon conviction in the manner prescribed in this Section provided no person shall be imprisoned for a single but continuing violation of this Ordinance for a period of longer than 90 days.

In addition to the criminal sanctions herein provided, the Porter Township Board, after resolution duly adopted, shall have the authority to proceed in any Court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate civil proceedings to prevent, enjoin, abate, or remove any violation of this Ordinance.

In addition to any and all remedies set forth in Porter Township Ordinances, the Township may request the cost of prosecution, the cost of recovery, and the cost of removal shall become a special assessment on the property upon which is the subject matter of the action.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or part thereof other than the part so declared to be unconstitutional or invalid.