Ordinance # 2008-01
Campground license, and temporary or seasonal residential permit ordinance.
State of Wisconsin
Town of Birch Creek
Chippewa County
SECTION 1 TITLE AND PURPOSE
The title of this ordinance is the Town of Birch Creek Campground license, and temporary or seasonal permit ordinance. The purpose of this ordinance is to license and regulate the installation, maintenance, and parking of camping units and the construction, installation, operation, development, and maintenance of campgrounds within the town and to assure the provision of fire and other emergency services and safety to residents of the town.
SECTION 2 AUTHORITY
The Town has the authority under s.60.0119, 66.0435, 101.645 and 101.935 Wis. Stats., and general authority under its village powers under s.60.22, Wis Stats., to adopt this ordinance.
SECTION 3 ADOPTION OF ORDINANCE
The Town Board, by this ordinance, adopted on proper vote with a quorum and by a roll call vote by a majority of the town board present and voting provides the authority to regulate, license, or permit installation or construction of campgrounds, parking and dwellings at campgrounds in the town.
SECTION 4 DEFINITIONS
A. “Campground” means a facility on any parcel of land in the town used for a permanent, temporary or seasonal installation and parking of more than 2 camping units, where those camping units are used primarily as permanent, temporary or seasonal sleeping, habitation, lodging, or living quarters for permanent, recreational camping, hunting, fishing, or travel purposes. “Campground” does not include a mobile home park. “Campground” does include campground facilities regulated under s. 254.57 or Chapter 707, Wis. Stats.
B. “Camping Unit” means any portable device used in the town as a permanent, temporary or seasonal dwelling, including but not limited to a camping trailer, motor home, mobile home, manufactured home, manufactured dwelling, bus, van, truck, or tent.
C. “Town” means the Town of Birch Creek, Chippewa County.
D. “Town Board” means the board of supervisors for the Town of Birch Creek, Chippewa County, Wisconsin and includes designee of the board authorized to act for the Board.
E. “Town Clerk” means the clerk of the Town of Birch Creek, Chippewa County, Wisconsin.
F. “Wis. Stats” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION 5 CAMPGROUNDS
(A.) Pre-existing Campgrounds
1. Any lawful campgrounds existing at the time of adoption of this Ordinance or amendments thereto may be continued although such campgrounds do not conform to the provisions of this Ordinance with the exception of those provisions contained in Section 5-F. of this Ordinance which must be complied with by all campgrounds within the Town.
2. Any pre-existing campground which has been unlicensed by the Town for a period of one license cycle per Section 5-C., shall not be re-established except in conformity with this Ordinance.
3. A lawful pre-existing campground shall be required to apply for a license within 60 days of the passage of this Ordinance, in compliance with Section 5-D.
(B.) Physical Layout
1. Campsites shall be a maximum of 5 sites per acre with a minimum average of 2200 square feet per site, including roads and driveways adjacent to campsite.
2. For the purpose of preserving the rural character of the Town as set forth in the Town of Birch Creek Comprehensive Plan, there shall be a maximum of 90 campsites per licensed campground.
3. Whether attached to individual campsites or otherwise, each campground shall provide adequate space for the parking of at least one (1) motor vehicle per campsite in addition to the site provided for the camping unit, which occupies each site. Each such parking space shall be at least 20 feet in length by 10 feet in width and shall not block access by emergency vehicles. The campground must provide parking area for additional vehicles.
4. The provision of this ordinance shall be applicable to any proposed condominium campground.
(C.) Licenses
1. No person shall own, operate or maintain a campground on real estate in the Town of Birch Creek without first having obtained a license for such campground from the Town Board in accord with this Ordinance. Campground licenses shall be valid for 1 year, except that the initial license shall expire June 30th of the current year. (With fee being prorated accordingly.) All licenses shall expire June 30th of each year.
2. A copy of the current County license for the campground plus a copy of the most recent HFS 178 inspection report must be submitted at the time of application or renewal.
3. A campground operating without a valid license is subject to closure by the Town Board.
4. Should the license application not be timely (within 15 days of its being due), there shall be a penalty fee of $50.00 imposed in addition to the regular license fee.
5. The license application shall include the name, address, telephone number, fax number and email address, if any of each owner or operator of the campground and the legal description of the property on which the campground is located.
6. Licenses are not transferable without the approval of the Town Board.
7. Multiple licenses shall not be issued for a single property.
8. Multiple licenses shall not be issued for adjacent or abutting properties for the purpose of creating a campground larger than that allowed in Section B.-2.
(D.) New applications to Operate a Campground.
1. Application for new campgrounds or land acquisition additions to existing campgrounds shall be subject to approval or denial by the Town Board in accordance with the requirements and restrictions of this ordinance and all other applicable ordinances and laws.
2. Additional campsites to existing campgrounds shall be subject to approval or denial by the Town Board acting in accordance with the requirements and restrictions of this ordinance and all other applicable ordinances and laws: with the exceptions of the three mile limit in section G-1.
3. Persons wishing to establish a new campground or add land to an existing campground, or additional campsites to an additional campground in the Town of Birch Creek shall:
(a) Appear before the Town Plan Commission and the Town Board for approval before seeking Land Use permits from Chippewa County.
(b) Provide the legal description of the property and photos showing pre-construction ground surface slopes, roads, paths and other natural aspects of the land along with a scaled plan or map of the proposed campground.
(E.) Application for a Campground License.
1. Applications for a Campground Licenses must include:
(a) The name, address, telephone number, fax number, and email address, if any, of each owner or operator of the campground and the legal description of the property on which the campground is located.
(b) Proof of Private Onsite Waste Treatment Systems (POWTS) maintenance as required by Chippewa County and the State of Wisconsin.
(c.) A copy of the current license for the campground plus a copy of the most recent State Inspection Report.
(d) For applicants who do not own the property on which the proposed campground is located, a copy of the lease or other contract by which permission or authority to make use of the real estate for purposes of operation of a campground have been granted to the applicant by the owner thereof.
(F.) Regulations.
1. A copy of this ordinance and the campground license plus emergency contact number shall be posted conspicuously at each campground for public review.
2. It shall be the responsibility of each campground owner/operator to maintain the campground in a clean, orderly, safe and sanitary condition and comply with this Ordinance, Chippewa Co. Shore land Zoning Regulations, and all other applicable ordinances, administrative codes and laws.
3. No public nudity will be allowed in any licensed campground in the Town.
4. No camping unit which has been damaged by fire or other casualty or which is deemed uninhabitable due to structural damage, plumbing damage and/or disconnection, electrical damage or hazards, or heating appliances damage shall be allowed to be inhabited until repairs are made. Such damaged units shall be promptly repaired complying with all applicable Codes and Standards. Units that are not being worked on in a continuous manner shall be removed from the campground within thirty (30) days of the date of the notice to remove.
5. Camping units that are deemed uninhabitable will not be allowed to be placed, parked or stored on any campground in the Town.
6. All portions of the real estate upon which a licensed campground is located and which are open to the public, including all open spaces and enclosures, buildings or other structures used or made available for use by the public in association with the operation of said campground and structures outside of the designated campground area that supply or house utilities shall be open to the Town, its officers, health officers, law enforcement officers, firefighters and ambulance and emergency rescue personnel for purposes of maintaining the property, health, safety and welfare of the public. The licensee, by applying for and holding a Town license, shall be deemed to have consented to say entry of the aforementioned officers.
7. All plumbing, sanitary and electrical facilities, gas distribution lines and other public facilities in each campground shall be constructed, operated and maintained in accord with all applicable state, county and local laws, ordinances and regulations at the time that such systems were installed.
8. In areas of the campgrounds where open fire is permitted, fire rings, no more than 4 feet in diameter, will be established and provided by the campground operator in a safe manner as determined by local officials.
9. The Town of Birch Creek retains the right to inspect campgrounds if the Town Board has evidence that the County or the State is not acting to enforce the statutes for which the County or the State are responsible.
10. The Town of Birch Creek retains the right to revoke, suspends, or place limitations on a campground license if the Town Board has evidence that the campground is in violation of this Ordinance or if there are habitual law enforcement issues at the campground.
11. The Town Board is authorized to impose fines between $25.00 and $50.00 per day for non-compliance with this Ordinance.
12. Maintained fire extinguishers, Type ABC, 5# minimum, shall be provided for all public buildings except restrooms in campgrounds.
(G.) Distance between Future Campgrounds
1. No person, after the effective date of this ordinance, may construct, install, operate, maintain, or cause the construction, operation, or maintenance of a campground without a Town Campground License. No license will be issued for the construction, operation or maintenance of a campground within three miles of an existing campground. The three mile distance in this case shall be measured along a line that follows the shoreline in question and/or three miles straight line distance from another installation. The intent is not to follow the abrupt ins and outs of the shoreline, but rather use an average shoreline or average high water mark which is shorter.
(H.) Issuance of Campground License
Upon issuance of a campground license:
1. Each camping unit site, within the campsite, (except sites designated for tents only), all drives and parking areas shall be plainly marked and surfaced with a minimum of 4” base course gravel.
2. Central toilet, shower and washing facilities shall be provided in sufficient quantity, as determined by appropriate Wisconsin Administrative Code requirements.
3. Water supply and the manner of sewage disposal shall comply with regulations of the County Sanitary Code and appropriate requirements of the Wisconsin Administrative Code.
4. No camping unit shall be less than ten feet from the front, rear or side lot lines of the campground.
5. Marshland and shore land areas shall not be altered.
6. The campground shall be completely enclosed, except for permitted entrances and exits by a temporary planting of fast growing materials, capable of reaching a height of 15’ or more and a permanent evergreen planting, the individual trees to be such a number and so arranged that within 10 years they will have formed a dense screen. Such permanent plantings shall be grown and maintained to a height of not less than 15 feet.
SECTION 6 LICENSE FEES
Application for a Town campground license shall be made with the Town Clerk and presented to the Town Board for approval. The annual license fee or permit for a Town campground license shall be $35.00 per year on which temporary or seasonal dwellings are located or could be located. The annual license is valid from July 1st to June 30th.
SECTION 7 PENALTY PROVISIONS
Anyperson, partnership, corporation, or other legal entity that fails to comply with this ordinance shall, upon conviction, pay a forfeiture of not less than $25.00 nor more than $100.00, plus applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under the ordinance. In addition the Town Board may seek injunctive relief from a court of record to enjoin further violations or to direct compliance with this ordinance.
SECTION 8 SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of this ordinance that can be given effect without the invalid provision or applications. This ordinance shall take effect upon its adoption and publication as required by law.
SECTION 9 GRANDFATHERING
Each and every provision of this ordinance shall apply and be enforced unto the campgrounds and campsites in existence in the Town of Birch Creek on the date this ordinance becomes effective as provided in this ordinance.
Adopted this 13TH day of May 2008
Town of Birch CreekBoard
Ronnie Arts, Chairman
Robin McEathron, Supervisor #1
Scott Colbenson, Supervisor #2
Attest: Robin Stender, Clerk