Sullivan Town City Zoning Code
ARTICLE VIII
Oneida Lake Recreational Overlay District
[Added 3-5-2014 by L.L. No. 2-2014]
§ 275-34 Purpose.
The Town Board of the Town of Sullivan finds that it is in the best interest of the Town and its residents to provide a means and procedure by which lake-oriented recreational and commercial uses may be located, developed and supported in relative close proximity to Oneida Lake. Oneida Lake, its waterfront and areas adjacent thereto are valuable resources for the community and provide a natural attraction for commercial development associated with lake-oriented recreational activities. The Oneida Lake Recreational Overlay District will serve the combined purposes of commercial and recreational development, while also maintaining the open space, wildlife and aesthetic resources that make Oneida Lake valuable to the Town, its residents and visitors alike.
§ 275-35 Definitions.
The following definitions shall apply to this article:
BAIT/TACKLE SHOP
A retail establishment engaged in the sale of equipment and supplies to the public used for fishing, including bait (live and artificial), fishing rods, hooks, lines, sinkers, floats, nets and other similar items.
BOAT SALES AND SERVICE
An open area, with or without an associated enclosed structure or structures which displays for sale, lease, or rent, new and used boats and/or other watercraft, and equipment associated therewith, and which services such boats and/or watercraft.
CAMP
A structure with accommodations for living and sleeping designed for seasonal occupancy. The term does not include trailers or recreational vehicles (RVs) as camps.
CAMPGROUND
Land on which five or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.
CAMPGROUND OPERATOR
That individual or entity responsible for managing, overseeing and operating a campground/recreational vehicle (RV) park.
CAMPING CABIN
A hard-sided tent or shelter less than 400 square feet in area which is on skids or otherwise designed to be readily moveable and which does not have cooking facilities, sinks, showers, laundry or toilet facilities.
CAMPING UNIT
A tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed and/or used for temporary human occupancy at a campsite. Camping units may be classified as "large" or "small" camping units by the Planning Board. For purposes of such classification, the Planning Board may consider camping units as two separate classifications:
A.
RV site; and
B.
Tent site.
CAMPSITE
Any area of land within a campground intended for the exclusive occupancy of a single camping unit.
DUMP STATION (SANITARY DUMP STATION)
A properly designed and constructed facility intended to receive the discharge of wastewater from any holding tank or similar device installed in any recreational vehicle, and having a means of discharging the contents, in an acceptable manner, to any approved wastewater disposal system.
POTABLE WATER
Water fit for human consumption, food preparation, lavatory, culinary, bathing or laundry purposes.
PORTABLE WASTE EQUIPMENT
A combination of a portable holding tank, pumping or other waste transfer method, and watertight connections, whereby a watertight seal can be made between the sewer connection of the recreational vehicle and a portable holding tank to empty the contents of the recreational vehicle sewage holding tank for transport to an approved disposal system.
RECREATIONAL OUTFITTERS (RETAIL SUPPORT)
A business and/or establishment which sells specialized clothing, equipment and/or supplies associated with lake-oriented recreational activities, such as rafting, hunting, fishing, canoeing, kayaking, hiking, biking, trail riding and other similar activities.
RECREATIONAL VEHICLE
A vehicular camping unit used or designed to be used for recreational travel and temporary living and/or sleeping purposes that either has its own motor or is mounted on or towed by another vehicle, including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers, park model trailers and overnight trailers.
RECREATIONAL VEHICLE SALES AND SERVICE
An establishment engaged in the business of recreational sales, leasing and mechanical service of recreational vehicles.
RV SITE
A campsite/camping unit designed to accommodate various types and sizes of RVs, which includes connections for fresh water, electric and sanitary sewer service where available.
SEASONAL CAMPSITE
A campsite intended to be occupied by the same individual or group for 30 consecutive days or more. Campsite uses are not intended for permanent occupancy.
SELF-CONTAINED RECREATIONAL VEHICLE
A recreational vehicle equipped with a minimum toilet, a holding tank for sewage, a holding tank for water, or a connection through which the vehicle can be connected to the campground water supply.
SNOWMOBILES/ATV SALES AND SERVICE
An open area, with or without an associated enclosed structure or structures which displays for sale, lease, or rent, new and used snowmobiles, all-terrain vehicles (ATVs) and/or other similar recreational vehicles and equipment associated therewith, and which services such vehicles.
TENT SITE
A campsite/camping unit designed to accommodate tents and smaller camping facilities which do not require utility connections.
§ 275-36 Uses allowed.
A.
The allowed and permitted uses to be established in the Oneida Lake Recreational Overlay District shall be those allowed in the applicable base district, either as of right or by issuance of a special use permit (or, where applicable, site plan review) and the following additional uses which shall be allowed only upon the granting of a special use permit by the Town of Sullivan Planning Board:
(1)
Recreational outfitters (retail support).
(2)
Campground/recreational vehicle (RV) park.
(3)
Bait/tackle shop.
(4)
Boat sales and service.
(5)
Snowmobile/ATV sales and service.
(6)
Recreational vehicle sales and service.
B.
The intended scope of these specially permitted uses is for smaller scale shops and services and not big box types of recreational uses. Compatibility with surrounding uses and sites should be determined by the Planning Board.
§ 275-37 Use and dimensional standards.
A.
The following schedule shall be utilized by the Planning Board in determining the minimum appropriate standards for lot area and dimensional criteria for the specific specially permitted uses and recreational support uses in the Town allowed under this article. It is acknowledged that the uses allowed here by special use permit require special siting standards to ensure compatibility with surrounding properties. In any event, the base zone dimensional restrictions shall prevail where more restrictive:
Type of Use | Minimum Lot Area (acres) | Minimum Lot Road Frontage (feet) | Minimum Side Yard Setback | Minimum Front Yard Depth (i.e., distance to structures) | |
|---|---|---|---|---|---|
Recreational outfitters (retail support) | 1 | 150 | By determination of Planning Board based upon site conditions | By determination of Planning Board based upon site conditions | |
Campground/ recreational vehicle (RV) park | 10 | 200 | By determination of Planning Board based upon site conditions | By determination of Planning Board based upon site conditions | |
Bait/tackle shop | 1 | 150 | By determination of Planning Board based upon site conditions | By determination of Planning Board based upon site conditions | |
Boat sales and service | 1 | 150 | By determination of Planning Board based upon site conditions | By determination of Planning Board based upon site conditions | |
Snowmobile/ ATV sales and service | 1 | 150 | By determination of Planning Board based upon site conditions | By determination of Planning Board based upon site conditions | |
Recreational vehicle sales and service | 1 | 150 | By determination of Planning Board based upon site conditions | By determination of Planning Board based upon site conditions |
NOTES: | ||
|---|---|---|
* | In addition to the above, the applicant shall comply with the minimum requirements for campground/recreational vehicle (RV) parks and other recreational uses set forth below or as otherwise set forth in this chapter. | |
B.
Previously existing campground uses that were legal at the time of their undertaking shall remain legal nonconforming uses and may be expanded only upon the criteria set forth in this article as approved by the Planning Board.
§ 275-38 Location.
The Oneida Lake Recreational Overlay District is that area in the Town bordered by the New York State Thruway to the south, by the political boundaries of the Town of Sullivan on the east and west, and is bordered on the north by the parcels abutting the northside of Route 31 but only for so much of such parcels abutting Route 31 and extending north from the center line of Route 31 for a length of 300 feet measured perpendicularly from Route 31. The physical boundaries are also depicted in the Official Zoning Map of the Town of Sullivan, as amended from time to time.
§ 275-39 Special standards for campgrounds/recreational vehicle (RV) parks.
A.
The campground/recreational vehicle park use is intended to provide commercial campsites for recreational vehicles (RVs), including motor homes, travel trailers, pick-up campers and tent trailers, and as an accessory thereto, to provide goods and services which customarily support such parks on the same site. Support goods and services shall be ancillary and secondary to the campground/recreational vehicle (RV) park use. Further, the Planning Board shall assure that reasonable standards and conditions for the development of facilities for the occupancy of recreational vehicles on a temporary basis, ranging from short overnight stops to longer destination stays of several days to weeks, are incorporated into any such approvals. All campground/recreational vehicle (RV) parks within the Town of Sullivan shall be governed by the regulations contained herein. In no event shall a campground/recreational vehicle (RV) park use be converted to any permanent occupancy.
B.
The following minimum standards shall apply in addition to those referenced above and otherwise in these regulations for the specialized use of campground/recreational vehicle (RV) parks and shall be observed by the Planning Board in review of an application for a special use permit for such use.
(1)
The area proposed for a campground/recreational vehicle (RV) park shall generally have level to gently rolling topography over an area of sufficient size to allow development in accordance with this article without significant alteration or disturbance of existing natural features, such as standings of mature trees, stream courses, shorelines, wetlands or bedrock and outcroppings. No campground/recreational (RV) park improvements (including, but not limited to, structures, campers, campsites, roadways and/or parking lots) shall be included in a designated floodway (as defined by 44 CFR 59.1, as amended) or substantially contiguous to a designated floodway (one-hundred-year flood zone) without express written permission of FEMA. Sites shall show, however, compliance with all state and federal floodway prescriptions. Such area may only be included in passive recreation and buffer areas as part of an overall plan.
(2)
The area shall be free from adverse, unsafe and unhealthful conditions, including, but not limited to, flooding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke, noise, odors, heat glare, toxic or volatile substances.
(3)
No internal road, parking lot, recreational area or storage facility for fuels, supplies or equipment shall be located within 100 feet of a campsite or lot line in common with an adjoining property external to the proposed park. Upon good cause shown, the Planning Board may provide relief from this restriction.
(4)
Entrances to parks.
(a)
Entrances shall be located directly opposite or at least 200 feet from the nearest intersection of public roads, if any, and at least 100 feet from any other entrances to the park, if any.
(b)
Entrances shall have a minimum width to allow reasonable turning movements of RVs or vehicles with RVs attached and of service or delivery vehicles.
(c)
Entrances shall be located to allow safe line of sight distances to and from points of intersection with the public road.
(5)
Road surfaces. All internal roads shall be designed, graded, leveled and surfaced with dust-free, all-weather material in order to permit safe passage of emergency vehicles and other vehicles at a speed of 15 mph.
(6)
Park design standards.
(a)
Easily accessible and usable open spaces shall be provided in all parks. Such open space shall have a total area equal to at least 10% of the gross land area of the park and shall be fully maintained by the park owner. Part or all of such space shall be in the form of developed recreational areas to be usable for active recreational purposes. Open space shall not include nonusable space, such as steep slopes, wetlands, parking areas or other constrained lands as determined by the Planning Board.
(b)
Developed recreational areas, such as areas used as ball fields, trails, picnic areas, open pavilions and other such nonpermanent uses and structures, may be permitted in floodplain areas provided that any use and/or structure complies in all respects to the standards in effect as specified by the National Flood Insurance Program and subject to Chapter 142, Flood Damage Prevention.
(c)
The following uses shall be prohibited from parks:
[1]
Racetracks;
[2]
Go-carts, batting cages or similar intensified recreational uses.
[3]
Further, no ancillary commercial uses shall be allowed. All proposed recreational uses shall be included and the proposed site plan clearly labeled and must be approved by the Planning Board. In addition, no park owner shall allow or permit the idling or racing of engines on site. No unnecessary or disturbing noise shall emit from the property.
(d)
At the Planning Board's option and upon proper findings, a hard surface pedestrian walkway of at least four feet in width shall be provided along and at least five feet from each access road between the entrance to the public highway and either the first campsite or such location where the park as may be required to assure pedestrian safety.
(e)
All water supply and sewage disposal systems shall be designed and constructed in compliance with current New York State Health Department and New York State Department of Environmental Conservation requirements.
(f)
Service buildings, if provided, housing sanitation facilities and/or laundry facilities shall be permanent structures complying with all applicable laws and statutes regulating buildings, electrical installations, plumbing and sanitation systems. Such features must be directly related to a service for campers. No service buildings, housing sanitation facilities and/or laundry facilities shall be located in a floodplain area unless the entire campground/recreational vehicle (RV) park is located within a floodplain area and appropriate permits are obtained from state and federal agencies. In that case, such service buildings, housing sanitation facilities and/or laundry facilities shall comply in all respects to the standards in effect as specified by the National Flood Insurance Program, Chapter 142, Flood Damage Prevention, and all applicable state and federal agencies.
(g)
Access and internal roads, driveways, walkways and service buildings shall be adequately lighted to allow for the safe movement of vehicles and pedestrians.
(7)
Park operations.
(a)
Campground/recreational vehicle (RV) parks shall only be permitted on a seasonal basis. It is not the intent of this article to create year-round occupation of campsites by particular campers.
(b)
Setup and take-down of any camping unit/campsite shall be limited to the hours of 8:00 a.m. to 9:00 p.m.
(c)
Outdoor activities, such as music, barbecues and similar activities, shall be prohibited between the hours of 11:00 p.m. and 7:00 a.m. Campfires shall be in designated fire pits.
(d)
The campground operator shall maintain an office in the immediate vicinity of the park.
(e)
The campground operator shall operate the campground/recreational vehicle (RV) park in compliance with the standards set forth in this article and shall provide adequate supervision to maintain the park, its common grounds, roads, facilities and equipment in good repair and in neat and sanitary condition. If required, the campground operator shall execute a long-term stormwater management agreement with the Town, where applicable.
(f)
It is the campground operator's responsibility to obtain any required Town building permits for structures to be installed or placed on the site.
(g)
A list of campground operator and occupant responsibilities shall be posted in the park office or made available upon request.
(h)
All receptacles, including cans and dumpsters, shall be kept in a sanitary condition and shall be appropriately screened at all times. It shall be the responsibility of the campground operator to ensure that garbage and rubbish shall be collected and properly disposed of outside of the park. All receptacles shall contain securely fastened lids and the campground operator of the campsite shall provide for periodic removal of garbage, junk and other waste, no less frequently than once per week.
(i)
All areas of the park shall be maintained free from organic and/or inorganic materials that may become a health, accident or fire hazard.
(j)
The campground operator shall direct the placement of each campground improvement, camping unit or recreational vehicle on each campsite to ensure its stability and the installation of all necessary utility connections.
(k)
The campground operator shall ensure that occupants, renters and visitors of the park shall be responsible for the maintenance of personal effects and shall keep all personal yard space in a neat and sanitary condition.
(l)
It is the intent of this article to allow only for occupation of the park on a temporary basis.
(m)
The campground operator shall maintain a register containing the names of all park tenants, including the make, year and license plate number of each RV as well as the date of arrival and departure all occupants and renters of the park. Such register shall be available to any authorized person inspecting the park.
(n)
The campground operator shall not allow animals to be kept or maintained on any campsite, except for usual household pets. No pet shall be allowed to roam free, and pets shall be confined and or leashed and under the control of the pet owner. Pet owners must register pets with the campground operator.
(o)
The corners of each campsite shall be clearly and permanently marked and each site numbered for identification.
(p)
Where campground terrain is adequate, and unless it is demonstrated that it is a substantial hardship, pull-through sites shall be provided. The Planning Board shall encourage safe and convenient access for campsites in the campground's design and layout.
(q)
In addition to the other requirements referenced in this article, sanitary sewage disposal, water disposal and all other improvements shall meet the requirements of Chapter 1, Part VII, of the New York State Sanitary Code, and all other state, county and Town requirements as may be amended from time to time.
(r)
Each campground shall contain the following approved by the Madison County Health Department or the New York State Department of Health:
[1]
Sanitary disposal system (dump station) designed for the use of portable waste equipment (where applicable) for the purpose of removing and disposing of wastes from holding tanks in a clean, efficient and convenient manner;
[2]
One toilet lavatory and shower for each sex for every 20 campsites. Lavatory and shower facilities shall demonstrate compliance with local and State Department of Health minimum standards.
(s)
Any provided swimming area shall meet all state and local standards.
(t)
At least one telephone available to the public shall be provided in each campground/recreational vehicle (RV) park located in the proximity of the park office.
(u)
Where electrical service is provided to the campsites, such services shall be weatherproofed and of a type approved by the New York State Fire Underwriters.
(v)
Mobile homes shall not be parked or placed, whether permanently or temporarily, in any campground/recreational vehicle (RV) park.
(w)
For those campgrounds/recreational vehicle (RV) park units having access to water, any dockage or lawn chairs must be separated from any swimming areas by a minimum of 100 feet, and there shall be no more than one powered watercraft for each 100 feet of frontage on the body of water.
§ 275-40 Additional standards for specially permitted uses.
The following supplemental and additional standards and criteria shall apply to all specially permitted uses authorized under this article for the Oneida Lake Recreational Overlay District:[1]
A.
Minimal area for establishment of campground/recreational vehicle (RV) park. Notwithstanding any other regulations contained herein, an applicant for a campground/recreational vehicle (RV) park must demonstrate that the park will contain a minimum of 10 acres of contiguous land.
B.
Campsite standards. Applicant must demonstrate that all campsites within the park possess a potential surface area of not less than 1,500 square feet for each site. The actual surface requirement for each campsite or such other surface therein shall be approved by the Planning Board. Campsites are intended for use by only one self-contained recreational vehicle. Tents and other campsites may be allowed with minimum areas approved by the Planning Board. The minimum size for campsites hosting a recreational vehicle having utility hook-ups shall be 1,750 square feet. The minimum campsite size should not include any area required for access roads, off-street parking, service buildings, recreational areas, offices and similar RV park needs. In no case shall the recreational vehicle cover more than 33% of the individual campsite.
C.
Minimum setback requirements. While each park layout may require greater setbacks, each plan shall describe the campsite demonstrating the following minimum setback requirements:
(1)
Seventy-five feet when abutting state or federal highway or designated major arterial;
(2)
Fifty feet when abutting a public right-of-way other than Subsection C(1) above;
(3)
Twenty-five feet when abutting any property line other than Subsection C(1) or (2) above;
(4)
There should be a minimum distance of 20 feet provided between RV units parked side by side;
(5)
There should be a minimum distance of 20 feet provided between RV units parked end to end;
(6)
There should be a minimum distance of 40 feet provided between RV space and any building;
(7)
There should be a minimum rear site setback of 15 feet.
D.
Roadways.
(1)
Streets or roadways and parking areas within the proposed RV park shall be designed to provide safe and convenient access to all spaces and to facilities for common use by park occupants, and shall be constructed and maintained to allow free movement of emergency and service vehicles at all times, shall be graded to properly drain and surfaced with gravel, asphalt or concrete. Interior roadways shall be at least 22 feet in width for two-way traffic and at least 11 feet in width for one-way traffic. A forty-five-foot turning radius shall be required on all curves to allow access by emergency vehicles. Any bridges within the proposed park shall have a capacity of at least 16 tons to allow access for emergency vehicles. Road grade shall not exceed 6%. Access into the park from a public street shall meet the same design standards as those of a public street for a distance of 40 feet to the property line into the development. All roadways and walkways within the park shall be adequately lighted at night to provide safe access. The internal road system within the park shall be privately owned, constructed and maintained and shall be designed for the safe and convenient access to all spaces and facilities for common use by park occupants.
(2)
Roadways shall be designed to accommodate a drive-in/drive-out access for individual campsites.
E.
Frontage. All campsites shall have a minimum frontage of 30 feet along the private interior roadway. All campsites used by recreational vehicles shall access the interior roadway system within the park. No road access to any space from a public right-of-way is allowed.
F.
Sanitary facilities. Each campground/recreational vehicle (RV) park shall have one or more service buildings equipped with flush toilets, lavatories, showers, and laundry facilities meeting New York State Department of Health standards. Such facilities shall be kept in a clean and sanitary condition, and plumbing fixtures maintained in good working order. All such facilities shall be adequately lighted at all times of the day and night and shall be well ventilated.
G.
Sanitary sewer. Any application for a proposed campground/recreational vehicle (RV) park shall demonstrate the owner's ability to connect to a public sewage disposal system or other suitable sewage disposal plan. Written confirmation of this shall be obtained from the appropriate sewage provider.
H.
Water. An applicant for a campground/recreational vehicle (RV) park shall demonstrate the availability of sufficient potable water for the proposed use. Written confirmation of sufficient source of potable water shall be included in the application packet. The water supply system shall be designed, constructed and maintained in compliance with the New York State Department of Health standards. Failure to provide written confirmation of appropriate sanitary facilities as referenced in this article and the availability of potable water shall be deemed a precondition to the processing of an application for such special use permit.
I.
Fire protection. Where appropriate, the Planning Board shall require that fire hydrants shall be installed throughout the campground/recreational vehicle (RV) park according to the specifications of the local fire district.
J.
Landscaping/buffering. Landscaping and buffering is to be provided to perform the following functions:
(1)
Screen the campground/recreational vehicle (RV) park visually and audibly from adjacent properties as completely as possible;
(2)
Provide an attractive entrance and street frontage;
(3)
Provide dust and erosion control;
(4)
Provide a neat, attractive and aesthetically pleasing appearance;
(5)
Campground/recreational vehicle (RV) parks shall be screened from adjacent properties by means of fences or walls, six feet in height, or by means of hedges or other landscaping.
[1]
Editor's Note: These criteria are in addition to the standards and procedures enumerated under Article V, Special Procedures and Standards.
§ 275-41 Additional criteria for decisions.
The following are additional criteria for decisions under this article:
A.
Consideration and granting or denying special use permits for the enumerated uses in the Oneida Lake Recreational Overlay District. In addition to the standards and requirements of Article V, § 275-9, Special use permits, of this chapter, the following shall be required for all enumerated and specially permitted uses in the Oneida Lake Recreational Overlay District:
(1)
In granting or denying special use permits, the Planning Board shall take into consideration the scale of the proposed recreational use and the possible impact of the proposed recreational use on the functioning of nearby residential and commercial operations, as well as the location of wetlands, Oneida Lake, its streams and tributaries and other sensitive areas. The Planning Board will further measure any potential adverse impacts and may impose conditions to preserve or enhance the scenic, natural, historic character of the overlay district. In that regard, the Planning Board will also consider and shall make specific written findings that the proposed recreational use will:
(a)
Comply with all requirements of this chapter and all other local laws and regulations and will be consistent with the purposes of the land use district in which it is located, with the Town of Sullivan Comprehensive Plan and with the purposes of this article.
(b)
Not result in the release of harmful substances or other nuisances nor cause excessive noise, dust, odors, solid waste or glare.
(c)
Not cause undue traffic congestion, unduly impair pedestrian safety or overload existing roads, considering their current width, surfacing and condition.
(d)
Have appropriate parking and be accessible to fire, police and other emergency vehicles.
(e)
Not overload any public water, drainage or sewer system or any other municipal facility or service.
(f)
Not degrade any natural resource, ecosystem or historic resource, including nearby wetlands or Oneida Lake, its streams and tributaries.
(g)
Be subject to such conditions on operation, design and layout of structures and provisions of screening and buffer areas as the Planning Board determines may be necessary to ensure compatibility to surrounding uses and to protect the natural historic and scenic resources of the Town.
(2)
In exercising its approval powers, the Planning Board may, upon proper finding, impose such reasonable conditions relating to screening, signage, buffering and other mitigative measures incidental to any application. Failure of the Planning Board to make any such findings shall be grounds for denial of an application.
§ 275-42 Penalties for offenses.
Any person who violates any of the provisions of this article, or who fails to perform any duty imposed by the provisions of this article, or any order or determination of the individual charged with enforcing this article, or the terms of any permit issued hereunder, shall be liable to the Town for a civil penalty not to exceed $500 for each such violation or subject to imprisonment for a period not to exceed 10 days, or both. Each violation shall be a separate and distinct violation, and in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation.