ORDINANCE

Campground Ordinance

Montgomery County, North Carolina

Passed and adopted May 4, 2004  

Campground Ordinance
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For the purpose of this ordinance, all procedures and processes including authority, enforcement, regulations, and penalties shall follow the same guidelines as issued in the Montgomery County Zoning Ordinance. To obtain a permit from the County Inspection Department all accessory buildings and recreational vehicle units must meet setbacks and campground ordinance. A detailed set of plans with a material list is to be furnished to the Inspection Department, also a surveyed plat showing the placement of existing accessory structures and recreational vehicle unit on that lot. No permit shall be issued unless a certified labeled recreational vehicle unit is on the lot.  

Section 1. Definitions

For the purposes of this Artic1e, the following words or phrases shall have the meanings respectively ascribed to them by this section:

Campground: Any site or tract of land upon which two or more campsites are occupied or intended for occupancy. 

Camp Site: A plot of 1and within a campground for the placement of a single tent, park model, motor home, pickup coach or R V camping trailer with or without facilities for the exclusive use of its occupant’s.  

Covers over RV’s shall meet all setbacks and State Building Code. shall not be ' enclosed on side, front or back. Pre-existing covers shall not be en enclosed.  

Certain Permanent RV's are not permitted in a campground. A RV that is designed to be used for temporary dwelling labeled by HUD as a manufactured. home (park model not exceeding 4GO square feet) or built to NC modular construction code (Modular RV). Permanent Park Models and Modular RV's are not allowed in a campground. 

Private road or roadway: Any street within a campground not publicly Maintained and utilized for access by the occupants of the campground, their guest, and the public.  

Recreational Vehicle (RV): Any vehicle or structure designed to be transported and intended for human occupancy as a dwelling for short periods or time. Shall not be altered in any Way. If altered it shall be replaced with an approved labeled RV. 

Sanitary station: A facility provided for the removing and disposing of wastes from trailer holding tanks. 

 Service bui1ding: A structure housing toilet, lavatory, bathing and such other facilities as may be required by this A1ticle for the purpose of supplementing the facilities contained in tents; park models, motor homes, pickup coaches or RV Camping trailers with or without facilities. 

  Storage Buildings: .Storage buildings are accessory buildings. They are to be used as storage type use only. They are not to be used as habitable space. No water or sewer is to he used in a storage building.  

Temporary RV: A RV that is designed to be used for temporary· dwelling not labeled by HUD or built to NC modular construction code. {Temporary RVs are ANSI park models, motor homes. pickup coach, RV camping trailers with or without facilities.  

Tent or RV Unit space: That portion of an individua1 campsite which is intended for occupancy by a single ANSI park model, motor home, pickup coach, RV Camping trailer with or without facilities. or a tent.  

watering station: A facility for providing potab le water for the resupply of water storage tanks.

Section 2. Site Requirements and Specifications  

All campgrounds shall conform to the following requirements and specifications:  

A. Size of campground: Every campground shall be located on a tract of land not less than three acres in sizes. 

B. Size of Camp sites: Every camp site shall consist of a minimum of two thousand four hundred square feet, having a minimum width of thirty feet at some point on the site. Each camp site shall be clearly established on the ground by permanent monuments or markers.  

c. Number of trailers per camp site: No more than one temporary RV unit may be parked on any camp site.  

D. Rcreation Vehicles and recreational camping units allowed in a
Campground are:  

1. ANSI Park model: A transportable one story unit with a body width not exceeding 12 feet and. built on a single chassis. The total area does not exceed 400 square feet. It is designed to provide seasonal or temporary 

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necessary for the operation of installed fixtures and appliances. ANSI Park Models cannot be placed on a permanent foundation.

 2. Motor home: A portable, temporary dwelling, to be used for travel, recreation and VaC3ation, constructed as an integral part of a self-propelled vehicle. 

3. Pickup coach: A portable structure for use as, a temporary dwelling for travel, recreation and vacation, designed to be mounted on a truck chassis for transportation and to be used for a temporary dwelling while either mounted or dismounted.  

4. RV Camping Trailer (with facilities): A travel trailer, which can operate independently of connections to sewer, water and electric systems. An RV camping trailer with facilities shall contain a water flushed toilet, lavatory. shower and kitchen facilities, all of which are connected to water storage and sewage holding tanks located within the unit. These units may also be connected to public water and sewer.  

5. RV Camping Trailer. (without facilities): A travel trailer, which can operate independently of connections to sewer, water and electric systems. An RV Camping Trailer without facilities may contain any of the following water f1ushed toilet, lavatory, shower or kitchen facilities (example: RV Pop-up Camper).  

6. Tent: A collapsible shelter of canvas or other material stretched and sustained by: poles and intended for human occupancy as a temporary dwelling for short periods of time. 

E. Setbacks: Each campsite shall have front yard setbacks of 10 feet measured from the front property line and/or street right-of-way line(s). 5 feet from the back line and 5 feet from any side property line. Corner lots must have 10 feet from both front both front lines and/or street right-of-wav lines. All RVs, accessory uses and buildings must meet setbacks. Before a permit can be issued for any new construction, the entire lot, including all buildings and accessory uses that are grandfathered must meet the current setbacks.  

F. Recreation· area: In all campgrounds, there shall be at least one recreation area, which shall be easily accessible from all camp sites. The gross amount of such recreation areas shall be not less than seven percent (7%) of the gross site area. Any individual area shall not be less than two thousand five hundred square feet in size.  

G. Access to streets generally: All campgrounds shall be provided with safe and convenient vehicular access from abutting public streets or roads to each campsite. Surfacing and maintenance shall provide a smooth hard and dense surface, which shall be free of dust and well drained, with at least a 16-ft right-of-way. 

H.  Campsites-generally: Each campsite shall have a space for one tent or travel trailer and a parking space for at least two cars.  

I. Campsite-location: All campsites shall be located at least twenty-five (25) feet from any campground boundary line coincident with a public street or highway right-of-way boundary, or any boundary of a residential dwelling district. Each tent or trailer space shall be set back at least ten (10) feet from any private road in the campground.  

J. Camp stores: For the convenience and use of campground residents and their invited guests only, the campground may provide and operate a camp store. The camp store may include laundry facilities, concessions, video and pinball machines, groceries, produce, and camping equipment.
Adequate parking must be provided.  

K. Entrance porch: For safe ingress and egress, a 4 x 6 Covered or uncovered porch may be built at unit entrance. An entrance porch is
allowed with other accessory uses. 

L.  Walkways: a 4 foot wide walkway is allow=d to gain access from the entrance porch to a deck, screen room or a combination deck/screen room on a RV.  

M. Temporary RVs (ANSI park model, motor home, pickup coach, RV camping trailer with or without facilities) are allowed the following accessory uses:  

1. No structure shall be occupied unless a certified labeled recreational vehicle unit is on the lot.  

2. Room Additions: Each recreational vehicle unit is allowed a one-story addition, not to exceed a height of 14 feet 8 inches to the peak of the roof from the ground (highest point, which must be built parallel and beside principal structure. Room additions shall have a maximum width of 12 feet and a maximum length not to exceed the length of the recreational vehicle unit,  minus bumpers and tongues. The maximum roof pitch is 4/12. Room  Additions must be built on a crawl space area type foundation. Basements are not allowed in a 

3. Screen Room. Decks or Combination Screen Room/Deck: a temporary RV may have either a full screen room, a full deck or a combination of both. Either of these may have a maximum width of 12 feet and a length not to exceeding the length of the RV unit minus the tongue and bumper. Either a screen room, a deck or a combination deck/screen room can have an open foundation, or enclosed latticework or masonry foundation, but cannot be used for a habitable area. The area under the screen room. deck or combination deck/screen room can be utilized for storage. Neither the deck, screen room or combination can be attached to the RV unit A screen room must maintain 10O% screen along the outside of all walls of all walls with no enclosure. No enclosure material of any kind may be used, including, but not limited to clear plastic materials. 

4. Metal carports or stick built carports may be used to cover vehicles or boats. They shall not be used t0 cover RV's, decks, room additions or any other conflicting uses. The maximum size should be 12 feet wide, 23 feet high. Carports shall be detached and shall not be enclosed on any side or front. Carports must meet all setbacks and the North Carolina Stare Building Code. Shall be permitted lights and receptacles.

Section 3. Utilities and Services

3.1 Utility Connections

 In every campground, all utility installations or connections shall comply with the provisions of the building, plumbing, electrical, heating and gas regulations of the applicable county ordinances and other applicable regulations.

 3.2 Water Supply

 Each campground shall obtain water from a source approved by the county and/or the State. The supply shall be adequate to meet a demand of one hundred gallons per campsite per day. The drinking; cooking, laundry, bath and general water supply for each campsite shall be obtained only from faucets or other plumbing fixtures connected directly to the water supply system. Such faucets or water supply fixtures may be either located by each campsite or at centralized watering stations.

 3.3 Sewage Disposal

 Each campground shall be provided with an adequate sewage disposal system, by connection to a public sewage system, package treatment plant or other system approved by the county and/or the state. All sewage wastes from each campground, whether from individual trailers or camp sites or centralized facilities, including wastes from toilets. showers, bathtubs, lavatories, wash basins, and sinks, shall be piped into the campground sewage disposal system.

 If individual connections for sewage disposal are provided at the campsite, such connections shall be of a type approved by the county health department and shall be sealed at any time when not connected to a trailer. Trailers having limited bathroom or kitchen facilities but lacking sewage storage facilities shall be required to connect to such individua1 sewage connections. Occupants of trailers of this type shall be prohibited from using toilets or bathing facilities of the trailer at camp sites where individual connections to sewage disposal facilities are not available.

 3.4 Sanitarv Stations

 At least one central sanitary station shall be provided at each campground for removing and disposing of wastes from waste holding tanks or self contained trailers.

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3.5 Service Building

Campgrounds which provide Camp sites for tents and RV camping trailers without plumbing and toilet facilities shall provide toilet and bathing facilities according to North Carolina plumbing code.

3.6 Garbage Disposal

 All garbage and refuse in every campground shall be stored in suitable watertight and fly tight trash receptacles. It shall be the duty of the camp to regularly disposed of garbage in a sanitary manner.

3.7 GraDdfatherin2 -lot size

All campgrounds platted prior to the adoption of this ordinance as to lot size will be grandfathered.

3.8 Grandfathering - existing RVs and accessory uses

Any existing RV and/or accessory use in violation of this ordinance at the time of its adoption shall be grandfathered until which time the RV or accessory use is moved or removed for more than six (6) months.

Section 4; Penalties and Enforcement

-4.1 Cancellation of Permits

The Zoning Administration/County Inspector though the Montgomery County Inspection Department shall cancel a building or occupancy permit when the method of construction or use violates any previsions contained in these regulations. This allows the inspector to discontinue electrical or water service to this facility.

4.2 Criminal Penalties:

 Any person, firm or, corporation violating any section or provision of this ordinance shall, upon conviction. Be guilty of a misdemeanor and shall be fined not more than $50.00, or imprisoned not more than thirty (30) days. Each day such violation continues, however, shall he a separate and distinct offense, punishable as hereinbefore provided. (For example, a continued, violation of one (1) week after receiving notice from the Zoning Administrator/County Inspector could accumulate penalties of up to $350.00 fine or imprisonment of up to two hundred and ten (210) days)

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4.3 Civil Remedies

A. Monetary Penalty

Any act constituting a violation of the provisions of this Ordinance or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special-use or conditional-use permits, shall also subject the offender to a civil penalty of a maximum of $100.00 per day. If the offender fails to pay this penalty within 10 days alter being cited for a violation, the County, in a civil action in the nature of the debt, may recover the penalty. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation and did not take an appeal to the Board of Adjustment within the prescribed time.

B. Injunctive Relief

If a building or structure is erected, constructed. Reconstructed, or altered, repaired, converted. or maintained, or any building, structure or land is occupied or used in violation of the General Statues of North Carolina, this Ordinance or other regulation made under authority conferred thereby, Montgomery  County may apply to the District Court, Civil Division, or, any other court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct (the unlawful condition upon or cease the unlawful use of the property.

C. Abatement

In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the case. An order of abatement may direct that building or other structures on the property be closed and demolished or removed: that fixtures, furniture, or other movable property be removed from the buildings on the property: that grass and weeds be cut: that improvements or repairs be made:  or that any other

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action be taken that is necessary to bring the property into compliance with this Ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt, and the county may execute the order of abatement. The county shall have a lien on the property for the cost of executing on an order of abatement.

 4.4 Equitable Relief

 Montgomery County may apply to the District Court Civil Division or other court of competent jurisdiction for an appropriate equitable remedy. It shall not be a defense to the County’s application for equitable relief that there is an adequate remedy at law.

 4.5 Combination of Remedies

 The County may choose to enforce this Ordinance by any one, all, or combination of the above procedures.

 4.6 State Enforcement Authority"

The Environmental Management Commission may take any appropriate preventive or remedial enforcement action authorized under GS 143-214.5 against any person who violates any minimum statewide water supply watershed management requirement

This Ordinance shall be in force after its passage and approval.

Passed and adopted this, 4th day of May, 20004

 Attest: 
County Clerk to the Board                       Chairman, Board of Commissioners

TWIN HARBOR ASSOCIATION, INC.

RESOLUTION REGARDING STORAGE BUILDINGS

THA RESOLUTION 2004-2  

WHEREAS, Twin Harbor Association, Inc. is a state non-profit property owners association, incorporated under the North Carolina Non-profit Corporation Act (NCGS Chapter 55A) on the 181h day of May, 1978; and

 WHEREAS, Twin Harbor Association, Inc. is governed by a Board of Directors who are charged with the duty of carrying out the purposes and business of the association; and

 WHEREAS, the Covenants of the association state, "No storage shed shall exceed eight feet wide, ten feet long and eight feet in height and is not to be used for sleeping or living quarters;" and

 WHEREAS, numerous property owners have indicated a desire to be allowed to construct larger storage sheds than currently allowed by the association;

 THEREFORE BE IT RESOLVED, that from this day forward. no storage shall exceed 11.5 feet wide, 11.5 feet long and II feet in height and is not to be used for sleeping or living quarters; and

BE IT FURTHER RESOLVED, that such storage sheds will meet all Montgomery County and North Carolina state building codes that would apply to such storage sheds.

 CERTIFICATION

 This is to certify that the above Resolution No. 2004-2 was duly passed by the Twin Harbor Board of Directors on November 19, 2005, by a vote of _4_ in favor, 0  opposed. The said resolution was adopted pursuant to authority vested in the Board of Directors. A quorum was present.

 ATTEST:

 John Goodman (President) Twin Harbor Association, Inc.