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HomeMy WebLinkAbout03 80 ~ ~ - 6CJ ,. . , ! .J ... .- - ........- ,-- "- -, " .., _,)v' 0',:,,': ......~.<;' .: ..... . ~'. .J',' f ~' ! .. . , . '. .':.. J.[f~ .(C@dJJ[FjJftw... Club Ordinance " ' ~... 'I: ~._ . ':.,>. ..... -:.. ,-.... . .: ~ ~f--,: .'-~'~' . ~ ~ }: ..' .:;.' . .:.:. ;'" .. ", -~ . ',>.:...~~ ~ /'..~ .~ : ~ , ! .. . I .,', ~, .... . l' " . \. -. . " ' - ~.... . ..-, I ~ -'" .. "' '.' '. ~.." . > :~~ " . - .~.. .- ( . ~";';"~.:\;;.;:i.'~',>"",<;,:",:,:_".:......-,,,;.,,_ ,.>,'.:~;~:""_''>. ORDINANCE ~O. 3-80 AMENDING ORDINANCE NO. 1-73 JEFFERSON COUNTY CAMPER CLUB ORDINANCE JEFFERSON COUNTY BOARD OF COMMISSIONERS A.M. O'Meara, Chairman B.G. Brown, Commissioner Carroll M. Mercer. Commissioner 'JEFFERSON COUNTY PLANNING COMMISSION Norris Short, Chairman George Burkhart, Vice Chairman James Goss. Member Dorithe Harrington, Member D. Stewart Lennox, Member Harry Pollard, Member Finis Stevens, Member Eva Taylor, Member " Florella Telling. Member '~ JEFFERSON COUNTY PLANNING DrPARTMENT J' David Goldsmith, Director Thomas Aumock. Assistant Planner Carol Saari. Associate Planner Edward Darden. Associ ate Pl almer Laura Southmayd, Administrator Peter Steel, Planning Technician Jean McCarthey, Clerk ~ JULY 1980 ~ VOL 6 rAGE [ 0 1506 ..-. . TABLE OF CONTENTS PAGE SECTI ON 1 PURPOSES 1.10 Findings 1 1.20 Purposes 1 1.30 Enactment 2 1.40 Title 2 - 1.50 Short Title 2 SECTION 2 DEFINITIONS 2.10 Genera 1 3 2.20 Tense and Number 3 2.30 Interpretation 3 2.40 Definitions SECTION 3 SCOPE 3.10 Coverage 5 3.20 Compliance with Comprehensive Plan 5 3.30 App 1 i cabil ity 5 SECTION 4 ADMINISTRATIVE AUTHORITY/RESPONSIBILITY 4.10 Health Department 6 4.20 Public Works Department 6 4.30 Planning Department 6 4.40 Planning Commission 6 4.50 Board of County Commissioners 7 SECTION 5 BINDING SITE PLAN 5.10 Administration 5.101 Preliminary Consultation 8 5.102 "Appl ication 8 5. 103 Phasing of Development 8 5. 104 Fees 9 5.105 Ti metab 1 e 9 5. 106 Noti ce of Hea ri ng 9 5.107 Health, Public Works, and Planning Departments' 9 Recorrmendations 5.108 Public Hearing 9 5.109 Planning Commission Recommendation 10 5.110 Board of County Commissioners Action 10 ~ 5.111 Construction Phase 10 5.112 Expiration 11 5. 113 Renewal Procedure 11 . 5.114 Final Development Plan 11 5.20 Design 5.201 General Requirements 11 5.202 Location 12 5.203 Density 12 [VOL r . 6 f'AGE i 01507 5.30 5.40 5.50 SECTION 6 6.10 6.20 6.30 SECTION 7 7.10 7.20 7.30 7.40 7.50 SECTION 8 8.10 8.20 8.30 8.40 8.50 8.60 5.204 Screening and Buffering 5.205 Common Facilities, Recreati 5.206 Access and Circulation 5.207 Electric Utilities Required Improvements 5.301 Roads 5.302 Dra i nage 5.303 Signs 5.304 Water Supply 5.305 Sewage Disposal and Service 5.306 Fire Protection 5.307 Electric Utilities 5.308 Solid Waste 5.309 Surveys Inspection Bonds Areas, and Open Space i ~uil di ngs I I I I I I MEMBERSHIP AND LAND TITLE Membership or Assignment Membership Conveyance Land Titl e VARIANCES Application Notice of Hearing Findings 7.301 General Variances , 7.302 Private Road Variances I Conditions ! 7.401 Planning Commission Recommendation 7.402 Board of County Commissioner~ Action Administrative Variances -I LEGAL PROVISIONS Violations Remedies Severability Repealer Effective Date Adoption APPENDIX A PRELIMINARY BINDING SITE PLAN CHE 1ST APPENDIX B FINAL BINDING SITE PLAN CHECKLIST VOL 6 f'AG~ 01508 PAGE 12 12 13 13 13 13 13 14 14 14 14 14 14 15 15 16 16 16 17 17 17 17 18 18 18 19 19 19 20 20 20 section 1 purposes Subsections: 1. 10 Fi ndi ngs 1.20 Purposes 1.30 Enactment 1. 40 Titl e 1.50 Short Title 1.10 Findings: The Board of Commissioners of Jefferson County, Washing- ton, finds that: 1. Protection and enhancement of the public health, safety, and general wel- fare requires that camping club developments proceed in accordance with administrative design and construction standards to prevent the overcrowd- ing of lands; to provide proper means of ingress and egress; to provide adequate means of sewage disposal and water supply; to provide systems of motorized vehicles, pedestrians, equestrian, and bicycle circulation; to provide sufficient dreas for recreation; to provide adequate systems for drainage and fire protection; and to provide for accurate monumentation and description of land. 2. Proper application of R.C.W. 19.105 has provided for certification of camping clubs to the Washington State Departmen'~ of Motor Vehicles by local government authorities. 3. Furtherance of the purpose and objectives of the Jefferson County Compre- hensive Plan, established by R.C.W. 36.70, is in the public interest and allows enactment of this ordinance as an official control relating to the development of camping' clubs in Jefferson County. 1.20 Purposes: The purposes of this ordinance are: 1. To promote the public health, safety, and general welfare. 2. To provide proper certification under R.C.H. 19.105. 3. To further the goals and objectives of the Jefferson County Comprehensive Plan. 4. To provide the public with the assurance that certain necessary facilities will be provided in camping club developments in an amount and size appropriate for their proposed use. 5. To ensure camping club developments are able to be used for the purpose to which the user intends. ' 6. To ensure the general taxpaying public is not now, or in the future, required to incur certain development costs which were the responsibility of the original developer. 1 iVOL 6 ~AGr 01509 1.30 Enactment: The Board of County Commitsioners of Jefferson County, Washington, does hereby ordain and enact into l~w the following sections: i 1.40 Title: This ordinance shall be known I and may be cited as the Jeff- erson County Camping Club Ordinance. I 1.50 Short Title: This ordinance may here~n refer to itself as "these regulations" or "this ordinance. II I 2 VOL 6 01510 section 2 definitions Subsections: 2 .10 General 2.20 Tense and Number 2.30 Interpretation 2.40 Definitions 2.10 General: For the purpose of this ordinance certain words and tenns shall~-'nterpreted or defined as follows: 2.20 Tense and Number: When not inconsistent with the context~ words used in the present tense shall include the future, the singular shall include the plural~ and the plural the singular. 2.30 Interpretation: 1. The word shall is mandatory. 2. The word should indicates that which is recommended but not required. 3. The word may is permissive. 2.40 Definitions: As used in this ordinance, the following terms shall have the meanings herein described to them~ unless the context clearly requires otherwise: 1. Camping Club: Any corporation~ firm~ partnership~ association, trust, or organization which: (a) is promoted, in whole or in part~ for the finan- cial benefit of another person~ corporation~ firm~ partnership~ associa- tion~ trust~ or organization; (b) has camping and outdoor recreation as its primary purposes and which is, or is intended to be~ composed of mem- bers who have or will have obligated themselves to pay membership fees or other charges entitling them to use club facilities and grounds for camp- ing and outdoor recreation purposes; (c) contains or will contain camping vehicle sites; and (d) has legal or equitable title to the land on which the club is located, or which leases or is purchasing under a real estate contract, the land to which the club is located. 2. Campground: Any membership development of which primary utilization is for placement of camping vehicles. 3. Campinp Development: A camping club or campground. 4. Camping Vehicle Site: A space of land for a camping club member~ or lessee of a campground site~ regardless of the period of occupancy, and on which the site the member or lessee is entitled to park or locate a recreational vehicle. 5. Dedication: The deliberate appropriation of land by an owner for any general and public uses~ reserving to himself no other rights than such that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate 3 '. VOL 6 . tAGE 01511 6. i I shall be evidenced by the owner through pfesentment for filing with the Jefferson County Auditor a fin.al binding' ite plan showing such dedication thereupon; and further, the acceptance ~y the public shall be evidenced by the signatorial approval of such binding ite plan for filing by the Jeff- erson County Board of Commissioners. I Developep: The person or organization en~aged or to be engaged in the business of promoting and/or developineJ a rcampinq development in or of the purchase and/or management of securities and/or real property. Pinal H1:ruHng Site I'lar~: The final graphic portrayal, together with related documents, ol'1he c~mpground deve10pment prepared for filing with the Jefferson County Auditor and containi~g all elements as prescribed by these regulations. ! Membership: An entitlement, lease, right. or interest which is conveyed, assigned, or contracted. i P'Peliminary Binding $ite Plan: The graphic portrayal and related docu- mentation and data prepared for administrative review by Jefferson County, and containing all elements as prescribediby these regulations. Promoter: The person or organization h~V ng a promotion permit issued by the Washington State Department of Moto.r ehicles. CIS presc.ribed by R.C....w. 19.105, to engage in the business of pr ting or developing a camping. club and having the overall responsibility for the sale of memberships in a camping club. i Promotion Pe~t: That permit issued by the Washington State Department of Motor Vehicles telative to R.C.W. 19.1~5. Recreation Camping Vehicle: A travel trailer, tent or tent trailer. pick- -up camper, motor home, or other similar 4evices used fDr portable or recreational housing along with vehicle a~d recreational appurtenances such as boat and trailer. : I Sanitary ~ing Station: A facility fori removing or disposing of wastes from recreatlonal vehicle holding tanks. I Service Building: A structure containingltoilet, wash basin, and similar facilities used by recreational vehicles +nd/or travel trailers within designated parks. i Varianee: A modification of the strict ttj!rms of this ordinance where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property an~ not the result of the action of the appl icant, a 1 iteral enforcement of de regulations wOllld result, in unnecessary and undue hardshi p.' I The words Planning ["Iiroctor means the dir.ctor of the Jeffet'son County rl an- ning Department. I . The word Board means the Jefferson CountYIBoard of Commissioners. The words local Health Department or Health nepartment means the 'Jefferson County Health Depa rtment. I The words Public Works nirector or County Hngineer shall mean the director of the Jefferson County Public Works Depa ttment. The word (!ounty shall mean Jefferson County. The word fltate shall mean the State of Wa$hington. I i : 7. 8. 9. 10. n. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 4 i I i I I 6 i 01512 'VOL f'A~t i section 3 scope Subsections: 1.10 Coverage 3.20 Compliance with Comprehensive Plan 3.30 Applicability 3.10 Coverage: This ordinance shall apply to all camping club develop- ments established within the unincorporated area of Jefferson County and shall be in compliance with applicable laws of the State of Washington and proceed in compliance herewith. No developer, manager, promoter, or associated agent shall convey, promote, advertise, or otherwise represent the availability of camping memberships in a camping development in Jefferson County until such camping development is in full compliance with this ordinance. 3.20 Compliance with Comprehensive Pla~: All camping club developments subject to this ordinance shall be in conformance with the Jefferson County ~OInprehens i~e Pl~ and any other app 1; cal'l e contn.." adopted pu-rs-uanTTtie-retO: 3.30 Applicability: A camping club shall not be considered a subdivision of land under R.C.W. 58.17 and Jefferson County Ordinance No. 1-75, as amended. 5 VOL 6 r'AGE [0 151.3 \},' section 4 administration Subsections: 4.10 Health Department 4.20 Public Works Department 4.30 Planning Department 4.40 Planning Commission 4.50 Board of County Commissioners 4.10 Health Department: The Jefferson County Health Department shall review all proposed camping club developments to determine the adequacy of the proposed sewage disposal and water supply systems, includi.ng related provisions pursuant to W.A.C. 248-96 and -54. The Health Departnent shall forward comments and reconmendations relative thereto to the Planninl) Commission with regard to preliminary binding site plans. 4.20 Public Works Department: The Jefferson County Public' Works Depart- ment shall review all proposed camping club developments as regards to roads, drainage systems, andsigning, and shall forward comments and recommendations relative thereto to the Planning Commission in considering preliminary binding site plans. The Public Works Department shall administer all requirements for the design of the final binding site plan; engineering, installation bonding and inspection of required improvements; and surveying, monumentation, and legal descriptions. 4.30 Planning Department: The Jefferson County Planning Department shall have overall administrative and design responsibilities regarding proposed camping club developments. The Planning Department shall review such proposals for conformance with the Jefferson County Comprehensi~e Pl~ and any other official control related thereto, and the requirements of this ordinance; and shall solicit comments from appropriate fire protection, school, utility, and law enforcement agencies; and shall forward comments and recommendations rela- tive thereto to the Planning Commission with regard to proposed preliminary binding site plans. The Planning Department shall transmit the findings and recommendations of the Planning Commission to the Board of County Commissioners. 4.40 Planning Commission: The Jefferson County Planning Commission shall review all proposed camping club developments for conrormancewith the Jefferson County Comprehensive Plan and the adopted land development policies and stan- ards of the County, and the requirements of this ordinance. In addition, the Planning Commission is hereby assigned the function, power, and duty incident to the holding of hearings and of making recommendations to the Board of County Commissioners on approval or disapproval of preliminary binding site plans or proposed camping club developments, including variances, in accordance with this ordinance. 6 , VOL , 6 foAGE 0151.4 I 4.50 Board of County Commissioners: T~e Jefferson County Board of Com- missioners shall generally find whether or nqt a proposed camping club develop- ment makes the appropriate provisions for th~ public health, safety, and general welfare. The Board shall inquire in~o the public use and interest proposed to be served by the establishment o~ the camping club. The Board shall determine if appropriate provisions ard made for, but not limited to, drainage ways, roads, and other public ways, ~ater supplies, sanitary sewage disposal, police and fire protection, solid waste disposal, parks, open space, pedestrian ways, and shall consider all othen relevant facts and determine whether the public interest is served by the icamping club development. The Board shall assure that the proposed camping Iclub development conton:Js with tile )~_f.fersorL~Qunt.Y.J&rrm..r:.e_b_~J:tsjX~J)J~ll, and any bfficial plan, control, or regu- lation adopted pursuant thereto, as well as tlhe adopted land development policies and standards of Jefferson County an~ this ordinance. The Board shall, through the approval procedures adopte~ herein, provide certification to the Washington State Department of Motor V~hicles of the camping club development as to compliance with all local ~ealth, planning and environmental requirements, pursuant to. R.C.W. 19.105. Thel Board shall make decisions regarding administrative appeals, but only af~er receipt of a recommendation from the Jefferson County Planning Commissionl relative thereto. 7 ~VOL 6 ~AGt 01515 section 5 binding site plan Subsections: 5.10 Administration 5.20 Design 5.30 Required Improvements 5.40 Inspections 5.50 Bonds . 5.10 Administration 5.101 Prelimin~_Consultation: Prior to making formal application of a preliminill"Y bindillfJ ~ite pl:ln, a pl'()spective promotor or developer may arrange for his proposal to be reviewed informally by submitting three (3) copies of the binding site plan concept to the Jefferson County Planning Department. The binding site plan concept should generally include the information required for submission of a preliminary plan as per Appendix "A" of this ordinance. There is no fee for preapplication consultation, but this service shall not include extensive field inspection or correspondence. 5.102 Application: Any persons who 'wish to create a camping club devel- opmen:t in Jefferson County sha 11 make appl i cation to the Pl anni ng Department for preliminary binding site plan approval, using forms supplied by the depart- ment and prepared in accordance with Appendix "A" of this ordinance. Insuffici- ently prepared applications shall not be accepted by the Planning Department. A written statement citing the information requirements upon which non-accept- ance is based shall be supplied by the Planning Department when so required by the applicant. . Said forms and any other applicable data shall be transmitted by the Plan- ning Department to the Health and Public Works Departments and to applicable fire protection, school, utility, and law enforcement agencies for review and consideration. In addition, the Planning Department shall transmit any proposed campground developments that will be adjacent to right-of-ways of State highways to the director of the Washington State Department of Transportation for review and consideration. 5.103 Phasing of Development: Camper club proposals may be developed in phases. Such phases may be conditioned to ensure that proposed improvements and amenities are developed at a time and rate commensurate with the level of activity anticipated for the intended use of the property. Nothing in this subsection shall diminish the authority of the County to require full, non-phased, development of camper club proposals~ pursuant to the findings and purposes of this ordinance. 8 ~ VOL 6 rAC~ ' '01516 I ~ I , 5.104 Fees: Application for preliminarj binding site plan review shall be accompanied by a fee of $250.00, plus $1.0 per site, to a maximum total of $1,000.00, payable to the Jefferson County Pl nning Department. Applications shall be accompanied by any Health Departmentlfees, payable to the Jefferson County Health Department. 5.105 Timetable: Upon receipt of a proE. er and complete application, and upon payment of the fee, the Planning Departm nt shall advise the applicant of the time and place of the initial public hear ng at which the application is scheduled to be considered by the Planning Co ission. Said public hearing shall not be scheduled for at least three (3)lweeks after receipt of a cOllliJlete application by the Planning Departrrent. I . 5.106 Notice of~e~I_inJl: Notice of a public hearing shall be given as follows: : 1. The Planning Department shall provide thelapplicant with at least three (3) copies of a notice of public hearing, and'one (1) copy of an affidavit of posting. The applicant shall post the no ices and maintain them in pldu' for at least ten (10) days prior to the p blic hearing. The notices shall be placed in conspicuous locations on or ear the property and shall be removed by the applicant after the hearin Said notices shall be mounted on easily visible boards not smaller than one (1) by two (2) feet in size. The affidavit of posting shall be.signed, notorized, and returned to the Planning Department at least one (1) week before the public hearing. 2. The Planning Department shall arrange for at least one (1) publication of public notice to appear in a newspaper of general circulation within the County at least ten (10) days before the earing. Payment of the initial publication fee shall be the responsibili y of the County. Costs of addi- tional notices shall be the responsibilit of the applicant where there is cancellation, postponement, or alteration of hearing dates. 3. The Planning Department may send notice 0 the hearing to all owners of the property adjacent to the proposed campgro nd development in accordance with the current records of the Jefferson County Assessor. 4. The Planning Department shall give additif'nal notice in accordance with R.C.W. 36.70, and as it otherwise deems a visable. 5. All hearing notices shall include a legal description of the proposed campground and either a vicinity location sketch or a location description in nonlegal language. I I 5.107 Health, Public Works, and Plannin De artments' Recommendations: At least seven 7 days prior to the public h aring the Health Department, Public Works Department, and Planning Departmfnt shall submit their written findings and recommendations, together with a~y comments from fire protection, school, utility, and law enforcement agencies to the Planning Com~ission in care of the Planning Departtrent with all pert nent information avai"lable. ' 5.108 Public Hearing: The hearing shal Commission, or may be conducted jointly by th Jefferson-Port Townsend Shoreline Management proposed project falls within the jurisdictio be conducted by the Planning Planning Commission and the dvisory Commission when the of the Shoreline Management Act I 9 I ~ ~I~f r 01517 IJOL 6 r of 1971. Such hearing shall be open to the public. The Planning Commission shall review the recommendations of the Health Department, Public Works Depart- ment, and the Planning Department in the form of a review report and shall present and review all other pertinent information in its ~ossession and shall submit exhibits. An accurate record of the public hearing shall be kept by the Planning Commission which shall be available for public inspection. ~,~)Q_9__ J>J !l!1!1_i!1~~()lJ1!lli s?j()n__R_~~(),mme!1~ati .on: Withi n fourteen (14) days followinq thp tH'arinf), thl' Planning C:ollnlli<,<,ion <;hilll ~.Ilhlllit. its wriU,l'n rl'(OIll- IIK~nddlion5 .11111 lilldilllJ'. to !.II(' Iloclnl of COllllty CUII.lli~)'.iolll't... to!JI'lhl'l' with ,III ~ertinent in forlllation dVd il dbl e. 1. ~JJQ___~d 0 f_C_Cly!!,ty .J:o"!!li ~ _:L~rl~~ ~~! i o!'!: Upon recelpt of the recommendation and information on any proposed camping club development, the Board, at its next public meeting, shall set a date for the meeting where it may adopt or reject the recommendations of the Planning Commission. If, after considering the matter at a public meeting, the Board deems a change in the Planning Commission's recommendation approving or disapproving any camping club development, the change of the recommendation shall not be made until the Board has conducted its own public hearing and thereupon adopts its own findings and thereafter approves or disapproves the camping club development. Such public hearing may be held before a committee consisting of a majority of the Board of Commission- ers. If the hearing is before a committee, the committee shall report its recommendations on the matter to the full Board for final action. The secretary of the Board shall keep records of the public meetings and public hearings set and held by the Board, which record shall be available for public inspection. In any event, the Board shall take action on a proposed camping club devel- opment within ninety (90) days of the date of the original application filing unless the applicant consents to an extension of such time period; provided, if an environmental impact statement is required under R.C.W. 43.21C, the ninety day period shall not include time spent preparing and circulating the environmental impact statement. The Planning Department shall notify the applicant of the Board's action by mail as soon as practicable. Such notification shall specify any conditions imposed, or in the event of denial, the reasons therefore. The Board's approval of the preliminary binding site plan and supporting submissions shall furnish a firm basis upon which the applicant may proceed with the development and preparation of the final binding site plan in compliance with this ordinance and in accordance with any condi- tions of approval imposed by the Board. 2. 3. 4. 5. 5.111 Construction Phase: Upon receipt of prelminary bindin~site plan approval, the applicant may proceed with detailed engineering plans for con- struction of roads, bridges, utilities, drainage works and other required improvements. After submission of such plans to the departments and agencies having authority and having received from them the necessary approvals and pennits, the applicantmay proceed with construction, provided arrangements shall be made for inspections by t~e County Engineer, and by other departments anQ agencies having jurisdiction. 10 , \lOL R ~M~r [0 1518 1. 5.201 General Requirements: i' All campground developments shall confor with the Jefferson County Compre- hensive Plan and any official control ad pted pursuant thereto; provided, in the event of a discrepancy between th~ standards established herein and I I I i I I I 6 L\Gri r 0 1519 i I I 11 ~} :' VOL those contained in any other applicable plan, control, or ordinance, the stricter standard shall apply. 2. All improvements required by this ordinance, including but not limited to roads, bridges, drains, culverts, storm and sanitary sewers, fire protec- tion systems, wells and water systems, parks, power, telephone, and related structures or devices, shall be designed in accordance with the standards currently in effect at the time of preliminary binding site plan approva 1 . J. Upon submittal for' r'('approval, prel illlinllrY hindirllJ ~.ite plans shall proceed in compliance with the regulations and standards applicable at the time of reapprova 1 . 4. Every camping site shall contain at least 500 square feet of space. 5. All camping vehicle sites shall be designed so as to provide a minimum of ten (10) feet distance between recreation vehicles. 5.202 Location: 1. Land area within campground developments may be restricted from use for other than open space purposes fO'r reasons of sanitati on, steep slopes, slide hazards, poor drainage, flood hazard, or other unique conditions or features which may warrant protection of the public interest. 2. No camping development shall be located or designed to endanger any public or private water supply, or the health of the public, or the health of the occupants. 5.203 Density: 1. For the purpose of this ordinance, the maximum density of any campground development shall be eight (8) camping sites per acre. 2. Camping unit sites shall be occupied by no more than one (1) recreational vehicle at any time. 5.204 Screening and Buffering: . 1. Screening and buffering areas shall be established with a minimum width of twenty-five (25) feet along all exterior property lines. 2. Such areas shall not contain any constructed facilities, erected or placed, with the exception of utility lines, fencing, signs, or security posts. 3. Such areas shall be left in their natural state or supplemented by plants. 5.205 Common Facilities, Recreation Areas, and Open Space: 1. Common facilities such as service buildings, sanitary sewage disposal facilities including septic tank and drainfields, recreation space, open space, roads, paths, permanent buildings, and facilities for other general purposes shall be designed commensurate to the level of full use of the campground development. 2. Paths or trails to common facilities shall not interfere with or cross a camping vehicle site, and shall consider pedestrian safety at fhose points where trails or paths intersect roads. 3. At least twenty (20) percent of the total land area within a camping devel- opment shall be set aside for open space. The amount of open space shall not include roads, but may include land devoted to common facilities or land left undeveloped or preserved. At least half of the open space shall be for active recreational pursuits. 12 '.VOL 6 ~'AGE r 0 1520 ~ 2. 3. I 4. 5. 6. 5.206 Access and Circulation: i 1. Acces-s'-ancfc-fr<:ul ill. iC)I-I- shil-llbe des i qned ~i th appropn a Lt' (on') i deY'dt ion foY' existing and r,lY'ojecled roads. anticipatedl traffic pdttems. topographic dnd drainage conditions, public convenience alnd safety, and the proposed use of the land served. i Camping developments shall be served by all. least one (1) public road. Such a road shall connect to an existing public road and be designed in accord- ance with County standards. . Camping developments shall contain provislions for emergency exit(s) in addi- tion to the main access road. ..., I Private local access roads are permitttedl to be established within camping developments and shall provide for efficient access to each camping vehicle space and ease of movement within the development. The standard width of public collector an~ access right-of-ways shall be sixty (60) feet. Private local access roads are permitted 11.0 be established within camper clubs. In such a case, the road right-o~-way can bp reduced as prescribed by the director of Public Works; however,! in no case shall the right-of-way width be less than thirty (30) feet. i 7. All roads shall conform to the standards of the Public Works Department. 8. Dead-end roads sha 11 be des i gned to provilde effi ci ent turnaround area capable to accormnodate recreational vehidles. 9. Roads shall be designed with appropriate flighting and marked to ensure traffic safety. 10. Security fences or other means may be em~loyed to ensure use of private roads by appropriate parties. I / 11. Maintenance of private roads shall be t~e responsibility of the promotor ('f or by convnunity organization, or other me!ans, that ensures the continued maintenance of such roads. I 5.207 Electric Utilities: Electrical Jtilities within the confines of the campground development shall be designed Ifor undergrouRd placement. 5.30 Required Impro~ements 5 . 301 Roa ds : I 1. All public roads within the camping devellopments, and those necessary for access to the development, shall be desi~ned, constructed, ballasted, sub- surfaced with crushed rock, and paved in ~ccordance with the standards of the Public Works Department. I 2. Private roads within the camping develo~ents shall be designed and con- structed in accordance with the standard~ of the Public Works Department. 5.302 Drainage: Drainage facilities a~equate to prevent ero~ion, flood- ing or hazard to the use of roads, camping ~ehicle sites, property, or facil- ities within the camping development, or to adjacent private or public property, shall be installed according to a drainage pllan approved by the director of Publ i c Works. i 13 I I VOL {) f'A~~ . 01521 I I S.303 Signs: All signs shall be installed in accordance with County standards upon approval of the Public Works Director. Traffic signs and safety devices shall be provided and installed by the developer. 5.304 Water Supply: 1. Camping developments shall provide a public water system, adequate in quantity and quality in accordance with the rules and regulations of the Washington State Department of Social and Health Services and the County Health Department as required by W.A.C. 248-54. 2. Water shall be available at a maximum of two hundred (200) feet from every camping vehicle site. Adequate disposal for faucet overflow shall be provided at each facility. 5.305 Sewage Disposal and Service Buildings: 1. Installation of sewage disposal systems and service buildings within camp- ing developments shall be in compliance with regulations and standards of the Washington State Department of Social and Health Services, Washington State Department of Ecology, and County Health Department. 2. Each camping development shall be provided with sanitary dumping station(s). Sanitary dumping stations shall not be required if sewer connections are provided to all camping vehicle sites. 3. Service buildings containing adequate toilet and other plumbing fixtures shall be provided in camping developments. Service buildings shall be located at a maximum of 400 feet from each camping vehicle site. 4. Disposal of water, including, but not limited to, sink and wastewater shall take place only within on-site facilities approved by the Health Department. 5.306 Fire Protection: 1. Water supplies provided for camping developments shall incorporate adequate capability for fire protection in accordance with sound planning and engineering practices and local fire district requirements. 2. An approved fire fighting vehicle and/or other permanent fire fighting devices or equipment shall be installed within the confines of camping developments when required by either the Washington State Department of Natural Resources, the U.S. Forest Service, the applicable local fire districts, or the Board of County Commissioners. 3. Fire pits shall be constructed of concrete, rock, brick, cement block, or similar material, and shall be equipped with spark arresting devices. 4. Fire break trails shall be provided within camping developments as prescribed during administrative review. S.307 Electric Utilities: All electrical utilitles associated or inci- dental to the development of a camping facility shall be designed, installed, and maintained in conformance with the rules, regulations, and stanpards of the Washington State Department of Labor and Industries. . 5.308 Solid Waste: Adequate provisions for the storage, collection, and disposal of solid waste shall be provided within the camping development. 14 , VOL 6 rAGE 'r 0 1522 T--- I I ! i I I 5. 309 Surveys: i The survey and preparation of every finall development plan shall be made by, or under the supervision of, a licens~d land surveyor registered by the State of Washington. i All surveys shall conform to standard prattices and principles for land surveying and shall be to the satisfactio~ of the Public Works Director. The Public Works Director shall be furnished with all documents and calcu- lations necessary to determine the accuracy of surveys. Permanent control and road monuments shal~ be constructed of materials as per Countystandards, and shall be establi~hed at locations determined by the Public Works Director. i Road monuments shall be set so further ro~d development or utility instal- lation will not disturb the accuracy of their position. The outside boundaries of membership camp~round clubs shall be surveyed and marked at the corners with an iron pipe or rebar with surveyor's cap having a license number. Said survey isi not required until after prelim- inary review. I 5.40 Inspection! Required improvements shall be inspectedl to the satisfaction of the Public Works Department and/or Planning Department a~d/or Health Department, whichever is responsible. Inspections shall be request~d at such stages as may be indi- cated by the appropriate department. The coslt of all inspections, plan check.. ing, testing, sampling, and other work incid~ntal to approval of the required improvements shall be charged to the developelr and paid before approval of the campground development or release of any bond~. The Public Works Department may arrange for util ity inspections to be conlducted by properly qual Hied con., sultants and may charge the developer for thd costs of such inspections. No bridges, water system, or sewer system shall ~e accepted unless the design and construction thereof shall have been certifi~d by a civil engineer licensed by the State of Washington in accordance with alll applicable State and local requirements. ! I 5.50 Bonds I 1. 2. 3. 4. 5. 6. 1. Perfo~nm1.ce Bonds: As an alternate to cqmplete installation of required improvements before final binding site pllanapproval, the developer or promoter may elect to post a performance Ibond guaranteeing completion of the work within a stated period not to e~ceed one (1) YCJr. Any such bond shall be written by a ireputable bonding company author- ized to do business in the State of Washilngton in a form acceptable to the Jefferson County Prosecutor, and in an a~ount not less than 200 percent of a licensed engineer's estimate of the co~t of completing the improvements to be bonded. Separate bonds may be req~ired by the engineer for each required improvement to be bonded. No bdnds shall be accepted for water supply development other than for distribution facilities. Maintenance and Management Bonds: Bonds Ishall be posted which warrant the complete maintenance and management of a Icamping club for a period of no less than five (5) years after the filinQ of the binding site plan. Such bond shall be in a form acceptable to th~ Jefferson County Prosecutor. i I I I I I ' 6 ~Gf 01523 I 2. 15 {, ! ( VOL section 6 membership and land title Subsections: 6.10 Membership or Assignment 6.20 Membership Conveyance 6.30 Land Title 6.10 Membership or Assignment: The camper club organization shall, to the satisfaction of the Board of County Commissioners, ensure that no more than one (1) camping vehicle will occupy anyone (1) camping vehicle site at any given time. The Board may limit membership or assignments in campground clubs as a means to ensure this provision. 6.20 Membership Conveyance: Conveyance by sale or subleasing of member- ship rights shall be permitted; however, multiple occupancy of any camping vehicle site is prohibited. 6.30 Land Title: Prior to final bi,nding site plan approval, all land shall be owned by the camper club organization, fee simple, without reversion clauses or seller restrictions on land use, or the developer shall have a long term lease for.the land; provided, if the developer is purchasing such land under contract and there is no reversion clauses or seller restrictions on the land use, except those relating to payment of monies for such land, the Board may accept the final binding site plan if the developer secures an accp.pt- able bond assuring payment of purchase monies due. 16 VOL 6 f'AGE r 01524 section 7 variances Subsections: 7.10 Application 7.20 Notice of Hearing 7.30 Findings 7.40 Conditions 7.50 Administrative Variances 7.10 Application Variances from the foregoing regulations may be permitted under certain circumstances, provided a variance request is submitted in writing. together with the original camping development application. 7.20 Notice ot_Hearing 1. The Planning Commission shall conduct a public hearing on all variance requests. other than administrative variances. 2. Notice of public hearings shall comply with the notice requirements set out in.R.C.W. 36.70.390. 7.30 Findi~ 7.301 General Variances: Variances may be granted for other than private roads when the following findings are made: 1. There exists extraordinary conditions or unusual circumstances peculiar to the property and not the result of the action of the applicaRt; and 2. A literal enforcement of the regulations would result in unnecessary Bnd undue hard~hip; and 3. Justice could be done and the public interest secured by granting of a suitable variance. 7.302 Private Road Variances: Variances permitting private roads may, as a means of ingress and egress to the development. be granted when the following findings are made: 1. The proposed private road is necessary or desirable for the most logical development of the land; and , 2. The proposed private road will provide physical access adequate to preserve public health, safety, and welfare; and 3. The design, construction, and maintenance for the proposed private road is assured to the satisfaction of the Public Works Director. 17 r '. VOL 6 L~G~ 01525 7.401 variances, judgement, so varied. I I i 7.40 Conditions i ----.---.--- I Planning Commission Recommendation: I In recommending approval of the Planning Commission may require ~onditions that will, in its secure substantially the objectives pf the standards or requirements I I I 7.402 Board of Count Commissioners Actio: In granting variances, the Board may ad~pt the conditions recommended y the Planning Commission, or may require their own conditions, which in their ju~gement will secure substantially the objectives of the standards or requirements! so varied. I 7..59. . A~_mJ !!.i~t!'c1 t.ive .V_a_r~~nc;~_s_ Variances from the administrative procedur~ portions of this ordinance may be granted by the Board of County Commi ss ionersi, upon recommendation of the Planning Department, when the Board is assured the variance is in keeping with the general intent of this ordinance, and the p~blic health, safety, and wel- fare would not be adversely affected thereby. IIn granting administrative variances the Board may require their own condi~ions, which in their judgement will secure substantially the administrative prpcedures or requirements so . d I varle . I I I I 18 'VOL' {) rAGE 01526 I i section 8 legal provisions Subsections: 8.10 Violations 8.20 Remedies 3.30 Severability 8.40 Repealer 8.50 Effective Date 8.60 Adoption 8.10 Violations: No ,land comprlslng any proposed camping development in the unincorporated area of Jefferson County shall be promoted, leased, or offered for lease or memberships therei'n, until such camping club development has been approved as provided by this ordinance. Any corporation, firm, part- nership, association, trust, organization, or agent thereof, who promotes, leases, or offers for lease or membership in any site, tract, portion, equity, or obligation therein shall be guilty of a gross misdemeanor. Each promotion, lease, or offering shall be a separate and distinct offense for each separate site, portion of said land, or obligation. Wherever land within a camping club development granted final approval is leased in a manner for a purpose which violates the provisions of final approval nnd this ordinance, the Jefferson County Prosecuting Attorney may commence an action to restrain and enjoin such use and compel cOMpliance with the provisions of this ordinance and every State and County law appli€able thereto, or with such terms and conditions. The costs of such action may be taxed against the violation as a result of such proceedings. The Jefferson County Auditor shall refuse to accept any camping develop- ment plan for filing until approval of such has been given in compliance with this ordinance. Should a plan be filed without such compliance, the Prosecu- ting Attorney shall apply 'for a writ of mandate in the name of and on behalf of the Board of County Commissioners directing the Jefferson County Auditor and Assessor to remove from their files or records the unimproved development plan. No building permit, septic tank permit, or other development permit shall be issued for any site, parcel, or tract of land in violation of this ordinance or R.C.W. 19.105, unless the authorized authorities to issue such permits finds the public interest will not be adversely affected thereby. 8.20 Remedies: The Jefferson County Prosecuting Attorney shall have access to all remedies provided in this ordinance and R.C.W. 19.105 as it now exists or is hereafter amended. 8.30 Severability: If any section, subsection, or other portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of 19 VOL B f'ACE 01527 competent jurisdiction, such section, subsect on, or portion shall be deemed a separateportion of this ordinance ano such oldingsha11 not affect the validity of the remaining portions of this or inance. 8.40 Repealer: Jefferson County Campin Club Ordinance No. 1-73, and all rules, regulations~ and ordinances of Jef erson County in conflict with this ordinance, are hereby repealed. A.50 Effecti ve Date: Thi S ordi nance sh 11 become effecti ve on the date --...,..- ----, ' -, , of adoptlOn by the .Jefferson County BOllnl of C mmissioncrs 8.60 ,A.dop:ti.o.n: Adopted by the ,Jeffersll County Planning Commission this 2nd da'j 0 f ,Jarlua ry, 19BO. PLA NING COMMISSION OF JEF ERSON COUNTY, WASHINGTON SEAL: ..." 'I T Y C J. <:.,) .'- "t, <')'t .) ".' '0 ":". l:;:, ~."'.. _: ...:..... <-;I .. 1'1.\' ".' & ~. '" . '\" . ,... ~ ~ \', j'. I 'j' : ,u . I I... . .~ (/) ,," ,\ . \ , . ",J . \ ~ ' ..~'. ~)."l , I ...... "It' ....,',' · ~ 0' "'ji . ~- \1."" ",/ Q'''!l ~ ~y j y. '~~~~S-hft~~--~'- -- i ibo (' J04lhJYy~<1l{dd d_., Laura C. Southmayd, Secr~tary Board of! Commissioners this 7th day of I BOA D OF COMMISSIONERS OF JEF ERSON COUNTY, WASHINGTON , , .1 Adopted by the Jefferson County July, 1980. ATTEST: ) .. " " .f " B.G. Brown, Commissioner ,. " () ,,1(//,/' j'v \ .' qIU~t(, f) / J Carro 1 M. Mercer, 20 VOL '6 f'AGE 01528 appendix a preliminary binding site plan 1. 2. Eight (8) copies of the preliminary site plant consisting of one or more pagest shall be submitted. The preliminary site plan shall graphically portray the following minimum data: [] Vicinity map [] North arrow and scale [J Outstanding natural features (watercoursest tree linest etc.) of property and adjacent property [J Typical site including approximate site dimensions and numbers (] Road right-of-way widths and typical cross section of such [J Greenbelt or open spacet including location and size [J Soil log holes; soil investigation sites (] Drainage plan [] Watert sewage disposa1t and other utility plans (] Topography with a contour interval of five (5) feet [J Designated trails of the Jefferson County Park!__Recreation.L_il_n.Q_~~~ Space Plan within vicinity of proposed development The preliminary site plan shall contain the following written data: [J Camper club development name [J Namet addresst and telephone number of official representative of the camper club [J Developer's name and address [J Names and addresses of adjacent property owners [] General location and description [J Tota 1 acreage [] Number of sites (] Maximumt averaget and/or site sizes (] Sites per ~ross acre B Acreage allocated to sites and percent of total acreage Miles of road to be created o Road wi dths tJ Cul-de-sac radius (] Acreage allocated to roads and percent of total acreage [) Indication as to public or private road system [] Acreage allocated to parks, open spacet greenbelts, or common areat and percent of total acreage [] Source of water supply [] Sewage disposal method [) Fire and school district identification Jefferson County Comprehensive Plan optimum land use map designation The preliminary site plan shall be accompanied by a completed environmental checklist (pursuant to R.C.W. 43.21C, Washington State Environmental Policy Act)t copies of which are available at the Planning Department. In the case where a camper club development is proposed in divisionst one checklist may be submitted for the entire de.velop~l1t. 3. 4. VDL ~ rO'" lr:-na {} Uf,,~ '.. J~J 5. The preliminary site plan shall, when appr be accompanied by: [] Existing restrictions and covenants [] Proposed restrictions and coven~nts [] Encumbrances (easements. encroachments etc.) 6. Proposed camping club developments which i the view of the Health, Public Works, or Planning Departments exhibit ext aordinary features including, but not limited to, flooding potential or land. lide potential, llIay n'quire addi- tional data or information to fullylanalyz its suitability for development. 7. A preliminary site plan. not accOtnp~nied b any of the required items stated above, may be refused for acceptance as an incomplete application for a bind- ing site plan. i 10; f~ I : VOL B rAGE ,. 01530 appendix b final binding site plan Preparation The binding site plan, consisting of one or more pages, shall be prepared as fonows: 1. The binding site plan shall be based upon a complete boundary survey and contain an accurate map of the developed land. That map shall include: [] Vicinity sketch of the area the camper club development is located. [] Legal description of the land contained within the development. [] Engineering scale and north point arrow. 2. The final binding site plan shall contain the appropriate certifications, notifications, and any supplemental information. 3. Each sheet shall be an eighteen by twenty-four (18 X 24) inch mylar, or similar reproducibile material. All lettering and drawing shall be in perm- anent black ink, including any signatures, which shall be originals. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin o~ three (3) inches on the left and one (1) inch on the remaining sides. Each sheet shall contain the following information: [] The name of the camper club development. [] The division number of a camper club filed by division, which shall be numbered in sequence of filing. [] The section, township, and range of the camping club development. [] The number of the sheet and total number of sheets in the set. Map The final binding site plan shall graphically portray a map of the developed land which shall include: [] All section, township, municipal and County lines lying within or adjacent to the camper club development. [] The location of all monuments or other evidence used as ties to establish the de~elopMent's boundaries. [] The location of all permanent control monuments found and established at the controlling corners of the parcel being developed, including any within the confines of the camper club. [] The boundary of the camper club with complete bearings and lineal dimensions; depicted with heavier lines than appears elsewhere on the plan. [] The length and bearings of all straight lines; the radii, arcs and semi-tan- gents of all curves; as related to the boundary. [] The location, width, center line, and name of all roads within and adjoining the camper club. [] The location and width of all easements, shown with.broken lines, and a description of the purpose thereof. Private roads shall be so marked. ,[] Any numbers assigned to sites within the camper club. [] Names of any adjacent subdivision:.jdevelopmellts of record. Certification The binding site plan shall contain the following certifications: [] ~ certification by the owners in fee simple, and those having interest in the VOL () f'A(;f ,. 01531 ..-J i I ! property, that the creation of the camper c~ub is by their free will and consent. If the plan contains a dedication, said certification shall pro- vide wording for dedication of streets and/~r other areas shown on the bind- ing site plan to the public or some other p~rty. If the dedication is to the public, the certification shall containia waiver by the owners and their assigns of all claims for damages which mayioccur to i1djdcentproperties by the construction. drainaqe. and maintenance: of selid road or area. When required. the certification shall con. lain dlwdivey' 01 the riqht or dir. f~cl dCCCSS to any street from any propprty. s.qd cprlificdtp shall 1)(' siqnpd and acknowledged before d _notary public by ~1l parties having dny interest in the lands developed. l [] A certification by a licensed land surveyor~ registered by the State of Wash- ington, stating the binding site plan is ba$ed upon an actual survey and the courses and distances and all required stak,s and monuments are placed on the grounrl. ' [] A certification by the Health, Public Works~ and Planning Departments that the plan is in compliance with all camper club requiren~nts of the Jefferson _C_ou~~ub~_:Lvision Or~,i!'~J1~e, and all conditions for binding site plit-n------ approval. l [] A certification by the County Treasurer that all property taxes to date have been paid. . [] A certification of approval by the Board ofiCounty Commissioners. [] A certification of filing by the County Aud~tor. Supplementary The binding site plan, when applicable, shall state the following under the titles indicated: ' i (EASEMENTS) (COVENANTS) (RE$TRICTIONS) [] (Identify as easement, covenants, or restrittion) for (identify type) filed under Auditor's record (identify number, volume, and page). (DECLARATION) (DEDICATION) ~F EASEMENTS [] (State easements for ingress/egress and/or ~tility installation and mainten- ance. ) I DECLARATION OF (COVENANTS) (~ESTRICTIONS) [] (State any covenants or restrictions.) Submission i The binding site plan shall be submitted as fOllows: (] Five (5) paper copies, together with any acompanying data and documents, in addition to the reproducible original. I [] A $25.00 recording fee, payable to the Jefferson County Auditor, shall accompany the plan. , (] A formal title company certificate confirmi~g the title of the land as des- cribed and shown on the plan is the name ofithose signing a declaration or dedication, with any easement references, e~cumbrances. etc. of record, or known. ' , VOL 6 f'AGt 01532 JEFFERSON COUNTY PERMIT CENTER 621 Sheridan Street, Port Townsend, WA 98368 March 18, 1998 lR{ ~ ~ ~"~ WI ~ lID MAR 2 1998 Chuck Winsor, President Board of Directors Evergreen Coho Resort 2481 Anderson Lake Road Chimacum, W A 98325 JEFFERSON COUNTY BOARD OF COMM!SSIONERS Subject: Modified Clarification of Binding Site Plan Condition on Placement of Recreational Vehicles - Evergreen Coho Park @ Chimacum Dear Mr. Winsor and Evergreen Coho Board of Directors: This letter is a follow-up to my letter dated February 11, 1998, which addressed the department's interpretation of condition 14 of the Final Binding Site Plan for the above membership recreational vehicle park. The department has reconsidered its February 11, 1998 interpretation and has conducted further review on the meaning of the term "permanently placed" as related to recreational vehicles within camping club developments. Our further research of the Jefferson County Camping Club Ordinance (ordinance # 3-80) has led us to the following conclusion. A recreational vehicle shall not be considered permanently placed when, (a) it is not set on a permanent foundation, or other means of permanent support; (b) the axles. wheels, tires, and tongues are in place as originally installed by the manufacturer; and (c) is properly licensed at all times. . . This modified clarification is based on the following finding of fact -definition 4 of the Jefferson County Camper Club Ordinance, which states: Campinf Vehicle Site: A space of landfor a camping club member, or lessee of a campground site, regardless of the period of occupancy, and on which the site the member or lessee is entitled to park or locate a recreational vehicle. It is the intent of Jefferson County that the Evergreen Coho Resort Board of Directors and other designated resort personnel continue to inform current, future and prospective club members of this condition clarification, and to monitor and implement this clarified condition related to the length of time a recreational vehicle is parked or placed at the Chimacum SKP park. Building Building Permits Inspections Environmental Health Septic Permits Water Review Develooment Review Subdivision, Zoning & Shoreline Permits~ Public Works Road Approach Permits & Addresses (360) 379-4450 FAX: (360) 379-4451 Gf. ".; f{ J$-.,:. ,~\\ ".:. 1 /, '1""0 .1-' ( 'J' ;". .,,' ~!' ~f' 1- v . i l"ttl . . Z.,)'.1 ~-1'. , '/.1 ? t/~ LAW OFFICES OF PETER L. BUCK. P.S. SUITE 1300 SEATTLE TOWER 1218 THIRD AVENUE SEATTLE. WASHINGTON 98101 PETER L, eUC;K JOELM,GOROON (206) 382,9540 May 9, 1980 RE 'CL::~ \/ ED I r oj CCi'JNTY tA/\\/ ~; /") :;'-'r;- "r, ,/ (;. i;-'!)U PLf\I.;, ,.'1, ...J,iUiVlfN1" "t, ................., A. M. O'Meara, Chairman Jefferson County Planning Dept. Courthouse Port Townsend, WA 98368 Re: Camper c~tib Ordinance '-;"'.~.'--<-,~.~,.-......,""-'""" Dear Chairman O'Meara: I would again like to request that the County Commissioners add a "grandfather" clause to the Jefferson County Camper Club Ordinance. As Dave Goldsmith pointed out to you, such a clause is almost always found in similar ordinances and was apparently here omitted by oversight. Such clauses simply and clearly state what is probably the law anyway, which is that these sorts of ordinances should not have retroactive effect. It would be greatly unfair for someone to proceed with a project and then have the rules retoractively changed. 4 The need for such a clause is apparent here. Les Lambert testified that he believes the proposed ordinance would apply to Thousand Trails. Failure to include a "grandfather" clause will continue to leave this matter a point of controversy which certainly could result in further litiga- tion. A very simple solution is to clearly include a .. grandfa ther" clause. I think that both your planning director and prosecutor would advise you that such a clause should be included. Very ,~urU1Y yours, 1/ 8 petel:eT. . ~ck I/vL PLB:sm cc: Thousand Trails, Inc. Dave Goldsmith William Howard VOL . 6 rAGE 976 .'. ADDENDUM C OF MAY 26, 1980 , CORRECTIONS AND REVISIONS TO THE "JEFFERSON COUNt..YCAMPER CLUB ORDINANCE" .....-.."""._,-~.. . '-~ SECTION 5, BINDING SITE PLAN \ 1. A new subsection shall be added (page 8) that will read, "5.103, Phasinq of Development: Camper club proposals may be developed in phases. Such phases may be conditioned to ensure that proposed improvements and amenities are developed at a time and rate commensurate with the level of activity anticipated for the intended use of the property. Nothing in this subsection shall diminish the authority of the County to require full, non-phased, development of camper club proposals pursuant to the the findings and purposes of this ordinance." 2. All subsequent subsections of 5.10, "Administration", shall be renumbered accordingly. '.~ VOL 6 rAGE 0 1128 ~'" NOTICE The Board of Commissioners, Jefferson County, Washington, having heretofore conducted and carried on informal hearings upon regulations having to do with the platting and/or subdivision of land for the purpose of establishing Membership Camper Club Subdivisions and connected matters and after discussion, debate and review, has caused the same to be reduced to ordinance form, now, therefore NOTICE IS HEREBY GIVEN that pursuant to R.C. W. 36.32.120 (7), on Monday, the 15th. day of January, 1973, in the Commissioner's Room, in the Courthouse, Port Townsend, Washington, a public hearing will be held thereon with respect to the adoption or rejection of said proposed ordinance being published by reference. Copies of said proposed ordinance are on file in the Auditor's Office, one copy is on file with the City Clerk and notice posted as by law prescribed. BOARD OF COMMISSIONERS JEFFERSON COUNTY SEAL: /s/ A.M.O'Meara, Chairman ATTEST: /s/ Betty J. Temple County Auditor and Ex-officio Clerk of the Board /s/ George Huntingford, Member /s/ Walter A. Kelly, Member 1 I _, .~._..,. .-J ,- " NOTICE . - The Board of Commissioners, Jefferson County, Washington having heretofore conducted and carried on informal hearings upon regulations having to do with the development of land for the purpose of establishing Membership Camper Clubs and con- noctod matters and after discussion, debate and review, has caused the same to be reduced to ordinance form, now there- fore NOTICE IS HEREBY GIVEN that pursuant to R.C.W.36.32.120(7), on Tuesday, February 20,1973, in the Commissioner's Room in the Courthouse, Port Townsend, Washington, a public hearing will be held thereon with respect to the adoption or rejection of said proposed ordinance being published by reference. Copies of said proposed ordinance are on file in the Auditor's Office, one copy is on file with the City Clerk and notice posted as by law prescribed. BOARD OF COMMISSIONERS JEFFERSON COUNTY .... SEAL: /s/ Walter A . Kelly, Chairman ATTEST: /s/ Betty J. Temple County Auditor and Ex-officio Clerk of the Board /s/ A.M.O'Meara, Member /s/ B. G. Brown, Member ~ DEPARTMENT OF MOTOR VEHICLES M E M 0 RAN DUM TO: County Planning'Cou~issions DATE: FROH: Robert Raines, Securities Division RE: l:lashington Cc3.m?ing Club Act In Hay, 1972, the legish,ture enacted Re',] 19.105 'Ilhich regulates private me3oershi? canpins clu~s. The Sec1xrities Division is in charge of register- ins such clubs. I :!:c3ye enclosed a cop~r of tne Ie.\! aleng \'!ith the pertinent rules and reeulations fer you~ files. Please note that thela~ does not preempt your rights or duties at the C01L~ty level. You still must carefully scrutL~ize the effects such clubs \lill have upon yovx co~~'nity. In many cases, EnviroTh~ental Impact Statenents may be necessary especially L~ those counties where clubs seem to be rapidly proliferating. Some c01~nties are drm-ling up their Q1.'/n guidelines for C8.f:lp- ing clubs. This action ! tighly commend. Perhaps a uniform rule aeross the counties could be discussed. I would like to ask your help in our joint task. Please s~nd this office the names, addresses, and ?rincipals of all private camp clubs presently in yeur co~~ty. ~r.~enever you ~ear of a new club developing, I would ap?reciate being , notified. , If I C~~ be of any assistance to you please do not hesitate to contact me. /) 7~>?>p~, Robert R. Raines ~ Ri'm:vs Enclosures " m~~g;ilW~1ID t~PR 4 1973 AUDITOR f\'':''f f RSON CO' ff\!TV DNV.,.6 CAMPING CLUB RULES AND REGULATIONS WAC 460-90-120 SIGNING OF APPLICATION. An application for registration of 'a camping club. should be signed by the promoter or an officer or general partner of the promoter. However, it may be signed by another person holding a power of attorney for such purposes from the applicant and, if signed on behalf of the applicant pursuant to such power of attorney, should include as an additional exhibit a copy of said power of attorney or a copy of the corporate resolution authorizing the person signing to act on behalf of the applicant. WAC 460-90-122 CONSENT TO SERVICE PROCESS. A consent to service or process shall be filed with the department at the time the applica- tion for the sale of memberships is filed. WAC 460-90-125 AVAILABILITY OF CAMPSITES. The promoter of the camping club shall set forth: (a) The numerical number of club memberships available for sale within one year of the offering. (b) The number not available for sale, during the first year of the offering. (c) The total number of campsites within the promotion. (d) The purchase price for the memberships and if the price varies, reason for the same. WAC 460-90-130 MEMBERSHIP CO~~RACT. The membership contract must be filed with the Director 14 days prior to being used and must contain among other provisions the following: (a) In capital letters, a statement that the purchaser may rescind said purchase within three full business days as set forth in Section 8, Chapter 106, Law of 1972. (b) The total amount of said purchase price and, if deferred payments, the payments per month, including interest payments set forth separately. (c) A description of the property, its proximity to known geographical points. (d) A statement whether the purchaser can lease or let another party use his membership. WAC 460-90-140 FINANCIAL STATEMENTS: (a) Financial stat e:nelts required to be filed in connection with an application for registra- tion of an offer or sale of a camping club membership shall be pre- pared in accordance with generally a;cepted accounting principles as set forth in rules as adopted pursuant "'0 WAC 460.60, etc. Such financial statements should be audited by a Certified Public Accountant having the same qualifications and restri(;t'i(lns as those set forth in WAC 460-60-100, ('xccpt ~her(' the purt icu]nr form or this S('(~ti{)n permitR the use of unaudited statements for interim periods or generally. (b) The financial statements required to be filed by a promoter refer to a balance sheet as of a date within 90 days prior to the date of the application, and profit and loss statements for each of the three fiscal years preceding the date of the balance sheet and for the period, if any, between the close of the last of such fiscal years and the date of the balance sheet. The balance sheet as of a date within 90 days prior to the date of the application need not be audited. However, if this balance sheet is not audited, there shall be filed in addition an audited balance sheet as of the end of the promoter's ~ast,fisca1 year unless such last fiscal year ended within 90 days of the "date of the application in which case there shall be filed an audited balance sheet as of the end of the promoter's next preceding fiscal year. The profit and loss statements shall be audited up to the date of the last audited balance sheet filed, if any. p.l , -'---'-"'~~ (c) In extraordinary cases the Director may waive the requirement for audited statements if the statements have been prepared by an independent certified public accountant or independent public accountant and the Director is otherwise satisfied as to the reliability of such statements and as to the ability of the promoter to perform future commitments. Such waiver will ordinarily be granted only upon a showing that the promoter has not had prior audited statements; that the close of the most recent or current fiscal year is so near the time of filing of the application that it would be unreason- ably costly or impractical to provide audited statements with the application; and that audited statements will be furnished within a reasonable time after the end of the most recent or current fiscal year. In such cases the Director may impose an impound condition and such other conditions and restrictions as in his discretion may be appropriate. WAC 460-90-150 MANAGEMENT FEES. The Director will not authorize a management service fee in the absence of a specific showing of what services will be rendered to the members for said fee. The term Management Fee for the purpose of this Act will be construed to mean any managers fee charged campsite resident or member by the association. Notice of intent to impose and collect a fee for management services including a statement as to the purpose and intended application of the fee must be filed with the Director 60 days before such fees and charges are payable and approval will be deemed to have been given if the Director does not, by written notice within 45 days, disapprove the same. ,WAC 460-90-160 CERTIFICATES OF LOCAL AUTHORITIES. The promoter shall file with his application certificates or letters or other documents from the County Commissioners, Health Department, Planning Commission or Board that they have complied with all local health, planning and environmental requirements. They shall also furnish a letter from the County Engineer or the duly authorized agent of the County that they have conformed with anydul~ adopted platting or subdivision requirements adopted for camping clubs. WAC 460-90-170 CHANGE OF DEVELOPMENT PLANS. If the promoter shall amend the development plan by adding to or deleting from original registration and permit certain parcels of land that have been set aside for campsites, this will necessitate a new filing with an additional fee of $100.00. The change of the development plan will also necessitate an amend- ment to the offering circular. WAC 460-90-180 AMENDMENTS. The promoter shall file with the Director all amendments to by-laws or articles of incorporation pertaining to the camping club. WAC 460-90-190 APPROVAL NOT ENDORSEMENT. The filing of the application for registration or effectiveness of the registration does not constitute a finding by the Director that, any document filed under this Act is true, complete and not misleading, nor does any such fact mean that the Director has passed in any way upon the merits or qualification of, or recommended or given approval to any promoter for such camping club. WAC 460-90-200 NOTICE OF TERMINATION OF SALE. The promoter shall file with the Director a statement setting forth that he has terminated the public offering. WAC 1160-90-300 RECEIPT OF OFFERING CIRCULAR. Each purchaser of a member- ship shall sign a receipt that he has received the offering circular and that he has read the same prior to signing the membership contract and completing the sale. p.2 ~". ,- '~"''''' WAC 460-90-310 OFFERING CIRCULAR. The promoter shall prepare an offering circular to inform prospective purchasers. Accordingly, the information' set ' forth in the circular should be presented in a clear, concise fashion that will be readily understandable. (a) All information contained in the offering circular shall be set forth under appropriate captions or headings reasonably indicative of the principal subject matter set forth thereunder. Except as to financial statements and other tabular data, information set forth in the offering circular should be divided into reasonable short paragraphs or sections. (b) Each offering circular should contain a reasonable detailed table of contents showing the subject matter of the various sections or subdivisions of the offering circular and the page number on which each section or subdivision begins. WAC 460-90-320 REQUIRED iNFORMATION IN OFFERING CIRCULAR. Each offering circular shall contain the information required by Items 8-10 and 13-25 of WAC 460-90-110 and such rules and such additional disclosures as the Director or Administrator may require. WAC 460-90-330 SEQUENCE OF PRESENTATION. The information required to be set forth in ,the offering circular shall be presented in the following sequence: 1. COVER PAGE: The outside front cover page of every offering circular should contain the foilowing disclosures under separate paragraphs and in bold type of not less than 10-point type: THIS CAMPING CLUB MEMBERSHIP HAS BEEN REGISTERED UNDER THE LAW PERTAINING TO CAMPING CLUBS FOR THE STATE OF WASHINGTON. SUCH REGISTRATION DOES NOT CONSTITUTE APPROVAL, RECOMMEND- ATION OR ENDORSEMENT BY THE DIRECTOR NOR A FINDING BY THE DIRECTOR THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING. THE WASHINGTON CAMPING CLUB ACT MAKES IT UNLAWFUL TO SELL ANY CANPING CLUB MEMBERSHIP IN THE STATE WHICH IS SUBJECT TO REGISTRATION WITHOUT FIRST PROVIDING THE PROSPECTIVE PURCHASER AT LEAST 3 FULL BUSINESS DAYS AFTER EXECUTION OF THE PURCHASE CONTRACT THE RIGHT TO RESCIND BY SENDING NOTICE TO THE PROMOTER BY CERTIFIED MAIL. THIS OFFERING CIRCULAR CONTAINS A SUMMARY ONLY OF CERTAIN MATERIAL PROVISIONS OF THE MEMBERSHIP CONTRACT AND THE BY-LAWS. THE CONTRACT AND THE BY-LAWS SHOULD BE REFERRED TO FOR AN UNDERSTANDING OF ALL RIGHTS AND OBLIGATIONS OF THE PURCHASER. 2. THE PROMOTER: Set forth in summary form (a) the name of the promoter, the name under which the promoter is doing or intends to do business, and the name of any parent or affiliated company that will engage in business trans- actions with the promoter, (b) the promoter's principal business address and the name and address of its agent in the State of Washington authorized to receive process, (c) the business form of the promoter, whether corporate, partnership, or otherwise. Describe succinctly the prior experience of the promoter including the length of time the promoter (1) has conducted a business of the type to be operated by the promoter, (2) has organized or operated other camping clubs. 3. IDENTITY AND BUSINESS EXPERIENCE OF PERSONS AFFILIATED WITH THE PROMOTER. List by name and office held the officers, directors', trustees, and/ or general partners as the case may be, and the general managers, principal executives and/or other persons who will be charged with the business activities and operations of the promoter. With respect to each person listed, set forth the principal occupations during the past five years. ': .: p.3 .J 4. MANAGEMENT ASSOCIATION. If there is a management association, it should set forth who the officers and directors and stockholders of the management association are, what relationship or affiliation they may have with the promoter, what management service fee the purchaser is required to pay, what the management association or promoter is undertaking to furnish to the purchaser for said fee. 5. MEMBERSHIP CONTRACT. There should be a succinct description and explanation of the terms of the membership contract, what the rights and obligations of the purchaser are and what the promoter is undertaking to furnish to the purchaser. 6. FEES AND CHARGES PAYABLE. Describe in detail the purchase price for the individual membership, the proposed application of the proceeds of such fee by the promoter and the formula by which the amount of the fee is determined if the fee is not the same in all cases. This section should also include a statement indicating whether the purchase price is to be paid at once or whether it is purchased on contract, what the terms of the contract may be, what the interest rate or other charges may be. 7. USE OF PROCEEDS. Estimated cash proceeds to be received by the promoter from the offering; the purpose for which the proceeds are to be used; the amount to be used for each purpose; the order of priority for which said proceeds will be used for the purposes stated; the amount of funds to be raised from other sources to achieve the purposes stated and the source of said funds. 8. TERMINATION OF MEMBERSHIP. Describe fully the conditions under which the membership in the camping club may be terminated, modified or revoked. 9. ASSIGNMENT. Describe the terms under which the club member may transfer his membership to another party and the terms under which another party may use the campsite of the member. 10. ARRANGEMENTS WITH OTHER CAMPING CLUBS. If the purchaser will have the opportunity to use the facilities of another campsite or an affiliated camping club, it should be succinctly set forth in the offering circular as to what, these rights are, restrictions on use and what obligations, if any, he may have. 11. REAL PROPERTY. Describe the terms and conditions under which the realty is being purchased or leased, from whom it is being purchased or leased, what the purchase price is, what has been paid upon the same, what provisions the promoter has made with the proceeds to pay for said property, the total cost of said property to the camping club, the grantor of the property, what relationship the grantors bear to the promoter or any affiliate of the promoter, a statement of what the grantor paid for the property and what the price is to the camp club. This should also include a statement as to what the title report on the property indicates as to clear title. 12. GEOGRAPHICAL LOCATION. It should also set forth in clear and succinct language the geographical location of the camping club with proximity to well known geographical points. 13. TOPOGRAPHY. The camping club should be thoroughly described setting forth the topography of the same, including the type of area it is located in, if it's wooded or bare, proximity of running water or lake, the average rain- fall and temperature, the availability of the camping club during the 12 month period, improvements, if any improvements are offered. If any facilities for the use of the purchaser or other members of the camping club' are to be constructed or built, then a description of the same should be set forth describing the facilities, its location in the campsite, restrictions, if any, to the use of the facilities, how it is to be financed and when the construction of the same begin. ' 14. IMPOUND. If an impound arrangement is required by the Director, then the necessary details in reference to the impound must be set forth in the offering circular as to the amount to be impounded and purposes for which the impoundment is imposed. . p.4 ..... It shall also include reference to any authorization given by the Director to release a portion of the impounded funds for cost of selling. 15. FINANCIAL STATEMENTS. Include the financial statement required hy WAG It60-90-110 (11) of the application for registration. WAC 460-90-400 IMPOSITION OF IMPOUND. In case the applicant is not financially sound or the applicant does not have sufficient capital to carry out real estate obligation or the improvements or other items included in the offering circular, the Director or Administrator may impose, as a condition of the registration of the camping club, an impoundment of the proceeds and other funds paid by the camping club members until the Director or Administrator is. satisfied that the promoter can meet the obligations of his contract. WAC 460-90-410 SPECIAL IMPOUND. The Director may impose a special impound in which a percentage of the proceeds would be placed in a special account for the purpose of paying for any capital improvement that has been offered to the purchaser as an inducement to purchase the membership. This percentage shall be based upon cost of such improvement and what this cost bears to the total amount of proceeds to be raised. WAC 460-90-420 PRESUMPTION OF IMPOUND. A presumption will exist that an impound will be required for the purchase of the membership when the property is being purchased on the real estate contract in which monthly, quarterly or semi-annual or yearly payments have to be made and on which there is more than 50% of the purchase price remaining to be paid. This impound will be established in a separate reserve and will be based upon a percentage to be computed upon the basis of what the unpaid balance of the contract bears to the total amount to be raised by the public sale. WAC 460-90-430 DEPOSITARY. Funds subject to an impound condition shall be placed in a separate trust account with a national bank located in Wash- ington or a Washington bank or trust company. A written consent of the depositary to act in such capacity shall be filed with the Director. WAC 460-90-440 PURCHASE RECEIPTS. When impound condition is imposed, the promoter shall deliver to each purchaser, a purchase receipt, in a form approved by the Director. Such purchase receipts shall be consecutively numbered and prepared in triplicate and the original given to the purchaser, the first copy to the depositary togcthl'r with the payment received and the second copy to the promoter. WAC 460-90-450 OPERATION OF IMPOUND CONDITION. When an impound condition is imposed in connection with the registration of a camping club offering, 100% of the proceeds and all other funds paid by the purchaser for any purpose shall, within 48 hours or the next bankin~ day, whichever is later, of receipt of such funds be placed with a depositary until the Director takes further action pursuant to WAC 460-90-480. WAC 460-90-460 RELEASE OF A PORTION OF THE IMPOUND. The Director, upon proper showing may release a portion of the impounded funds for the purpose of paying the cost of selling. The items included in the cost of selling are set forth in WAC 460-90-470. WAC 460-90-470 COST OF SELLING. When used in connection with the release of a certain part of the impound, the cost of selling shall, include connnissions, salaries, advertising and all other expenses, direct or indirect, incurred in connection with the sale of the membership. p.5 WAC 460-90-480 RELEASE OF IMPOUNDS. The Director or Administrator will authorize the depositary to release to the promoter such amounts of the impounded funds applicable to a specified purpose such as the purchase of realty or the construction of the improvement upon a showing that the promoter can satisfy his obligations under the membership contract to furnish said members the services tendered or that for other reasons the impound is no longer required for the protection of the purchasers or members. An application for an order of the Director or Administrator authorizing the release of the impound to the promoter shall be verified and shall contain the following: (a) A statement of the promoter that all required proceeds from the sale of memberships have been placed with the depositary in accordance with the terms and conditions of the impound agreement. (b) A statement of the depositary signed by an appropriate officer setting forth the aggregate amount of impounds placed with the depositary. (c) The names of each membership purchaser and the amount held in the impound for the account of each membership purchaser. (d) Such other information as the Director may require in a particular case. WAC 460-90-490 FEE FOR IMPOUND. The Director shall impose an additional fee of $100.00 for each ilrpound or reserve required to be set up pursuant to Section 13, Chapter 106, Laws of 1972. WAC 460-90-500 ADVERTISING. All advertising and sales literature to be used to offer a camping club membership for sale must be filed by certified mail in the office of the Director or Administrator at least 14 days prior to the publication and all advertising shall be subject to the following state- ment of policy: (a) The statement of policy is designated to describe those areas of advertising practice which are susceptible to abuse and to specify the proper limits of advertising within those areas. Neither this statement of policy nor any matters contained herein is intended as an approval or authorization of any advertising material which is misleading, deceptive or unfair even though such advertising may appear to be in accordance with the statement of policy. Nor is this statement intended to prevent or hinder the use of factual statements or representations fairly and fully presented. The two primary criteria for determining whether or not advertising material is deceptive, unfair, or fraudulent are: (1) Are the statements, factual presentations. or representations contained therein true? (2) Does the material omit to state any material information necessary to make any other statement, factual presentation, or representation contained therein. in the light of the circumstances under which it is made, not mis- leading'? This statement of policy does not attempt to outline or describe every specific type of proper or improper advertising material but rather to outline those principles of propriety which apply to advertising material. (b) Matters of General Application (1) Generalized conclusions, opinions, and representations based upon a particular set of facts and circumstances must indicate those facts and circumstances. (2) Lay-out, format, size, kind and color of type should not be used in such manner as to attract attention to favorable or incomplete portions of advertising matter, or to minimize less favorable, modified or modifying portions necessary to make the entire advertisement a fair and truthful representation. (3) Generalizations and general statements should be modified or explained by such additional facts and circumstances as are necessary to make the generalization or. generalized statement a fair and truthful representation, (c) Descriptive Superlative - the use of superlatives in describing camp- sites should be avoioe(l Hhere sllch superlatives merely represent the opinions of management and not factual statements. ' p.6 ,.--A :.__.. ..c...:.-....s...a--_. -:..--<---~-- ........-. -~---~---- . ". '. ." \, '. ~:: t. J '\'. " . ., J. . :! ~ ~". ,L \' .f :\ 11 ,. ...'L. '., 'r ,,, .r { ".! ( .- '; (. :1' l( , it,.: .1' , 'I :'.' to :. . 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J. &i'" )1 II . , If? \' i' ~. ~':' \, ,..... ';; .1~~.. ~ li~ ' c). :' . :i; . '\ , 1':" -,-' ~l.::\f~, 1:,:. :-\: !f:: l :;{' ;,;~~~~/\ J:.": i~' ~ :.,,:,:":11 .t .... :\\ ~,I :::1 ;?J: .. .. ':.... i';<~~il ~~{~~~:~ rl #:' ::.}! 1-'" , r~Jr{? :( '..~.~: )j f~~:\~. :t... _,. N~t~ ~e~i :,l, ;I~:~~J}'; 'p...,..J l:'i~~'~ 1~0~~~\ .(.... ). 1:; ::':1'\ l...... .~ ;1' - -~;.:.:\. ;..: '.J Ii :. ':-. .S: .. . i. .i .,: .: :~" .j, of : i~. j. r' , . ,j , ;r ..- '\ ! t , - ~ . .' \ 1 .' . . '1 . .- f , " I t. \\ I' J' \. . " \\ . l _.~--"--"--------'~-~"-----~--.!~- '- '.' . .' '. . ,.' ., . ..0 . ...... .... - .... . I ',_. ." . ., "' I _ _. . .J ~ * t'- .. '._ to' . .... :ltc. of '.l;\:.hinctton ncl Le'] i.:; 1.;\ t\l r:c~ ::ond L: ~r.:lordina~y SCS5 iO:1 by Reprc::;cntilt\'/0:-i nottlncr. Ch:1rettc and Wolf (by L0gi~lative Council rcque~ t) . .. ad fir::;t time J~nu~ri 12, 1972, ~nd referred to Co~~ittcc on sincss ~nd rroic~~io~s. ,. " ACT nal~ting ,~o ~~~p1ng clubs; ndding ~ ~2~ ch~rter to Title 19 BC~: cr~a~i~J nE~ scctio~s; and presc~it:ng penalt~25. ." : IT E:;~:7ZD 3Y T~: L :: ~ I ~ L.\ 1:'~; J == OF :'fII:; C""",.,,- ~ .. j:' '" ;, OF .,. A S:i I :: G T O~: : 1!~:i ~.~~:I~:':~ s?c~i:)r: 1. As us~::l in this chapter, --J.." '""' I. ::; JIIJ~i~~ :~r~s s~~ll h Co vet ~ e , iiI e a :; i ~ r; S ~\ ~ ::- ::! in :i s:::: ~ i b 01 t~' t !1 ~ ::: , ~ :11'235 ~::~ c"......n...... cl-=~~l.. -n"l!;r~'" ....J..__^_ ---! "'-";, -'"'--~ o t !1 (: ~ ~; 50. 5 ~ : (1) ,"r-a....,..,'; .,~ "-' ,.. L .......:J cl~~n 5~~ll i.i2an 3.ny COr-pOLt t icn I ,C . . , _lrn, . :> ~ ---1.,.:.... ~--,....~ .a-':,.o"\, ....l.r\..n~_.>h_:;" ....:>:>j~_:J._.....-':l, t::-~s~, or . . OI:g~:1:..:z.~t~o;. ..hi~h:..'-- _ . -.,... (a) Tro pr.....-........-.:t ~ ~ _ oJ ..I -' _ ~ ~ , J.:1 ~hol:: or 1.n p:t!:~, fo:::- the (:,,9'\~"'r-: ::>1 _-...~_ &,..;.... ____4.. .~ne:if: "r ~J.. anot~~:: person, CO...-T"'........:> + " on .... t."'j. - --. · , 1=' ...~r::1, P:>r+..~...-l-."n ;;l _ ",,",&.:... _.::>....... ~ , sso::::i~tion, tr~s~, ~~ ~~g~~i~~tiori; ~n~ . . (b) lIa!; c~::p.l.~g c.nd outdoor r~c!"::!Hti:)n ~s its ....r~...:>-.. :'--,.j~.LJ J.n:p~s?s, a~i uhich is, or ~s ir.tc~:led .to,,;.,- co-...."ro,..,.:l .... oJ _ c: , .... r eJ oJ ~ '... of ~~~b2~S i;h:> 3ve ?= ;.rill h~V2 "'b' .; ...."'..:>d ~ ..---~-","- th2zsel~~s to Dav n::!cbershio fees O~ ~ . - ~her c;:.::.!:;cs ~!li:itlinq "t::e~ to use club :aciliti~s ~nd gro'J~cs for .~~pi", :>-4 ou.t.~O""'- T"~~r~a.t.;.....n purD~s~~' .~ '" _ ":l ~ :. '"' - - ~... ... '" ..... - c ...... oJ ~. t u ~ .;:> , ('.nd (e) C~nt~ir_s or.~ill cDnt~in ca~Din~ vchicl~sites.. . J a~d ,( d ) H 3. S 1 ~ q ~ 1 :> ::- c cp.:.:. t ~ b 1 e tit 1 c tot h ~.! 1 a :d 0 n v hi::; h t 1: eel u b s 1 0 ~) t ~ 5. c r \: h L:::: hIe ~ ~ e 5 I 0 ~ is P. " _ -', ':\ .-': '" N l,.;l..\,.......:...~_....:s unce::- ~ r~ill est3!-~ -;:)ntr:i::;~, ~}.~ l.~;.d on ~hic~: t~:e clu~ 'is lo:::~t~d. (2) "Cnr.~p:,~c; \'::hicl0 si':.~'" :::2:l.P.S t1 sp~c:c as~ar:p.~d to 3. c2.::piI\1 1\1 b ~ L'::::: -?!: :. 0 1:' ~ l~ i l~ :1 ~ f i 1: i ~ ~ 1';:? r i 0:1 0 f t i ~ ~, 0 ~ :: 0 r 1 if ~ r 0::: 4=.... .... _v_ :\ . 1 !:) r 1. o.~ c: 1 or: CJ ~ [' t~~n O~ ., .J <.; ~ontht ~~~ o~ ~~i~h zit~ th~ ~~~h?r 1. ,- .. ""\..t;tl~-~ t... ""...-.,..... r-- 1" -.''''' ,., .....-.....,.....(1 v->)'"cl''' ..... _ _ V ., ... _" _ L. -' ::.J .:." u ... .. .. :' ; I. 'J -. : \;; . (3) "Ctlf'pi:1C] V0~lic.l01' iOel~:; :l t.r~'.'0~ t~:dl~!.", to::: n t or t'.">nt r J. ~ ll' r, i' i ::: ~ - \I r' c:)n~~!..-, C~. O~!lC: SJ.~:.Ll~ 11.~vi::;~ U,..,,,>~t 'ro."-. .... .. ,'I, ..... .&... I~~r.~~L\li!. OH::;).I~(.' . -1- (, ..:( ,1 (1.1) up('(SOn" ~ht\ll tlC:>'O :lOY' l'~[!';on, / tn~~::;hiPI u~3ocilltion, or or:]iluiziltioo. 'firC\; corpor.ltion, . , -..-- :r ( C) } \I n i I: e c f: 0 r: " ~ h J, 11 r.l e n nth 0 d i r '2 c 1: 0 (' . 0 f: t h ~ d ~ r.J. r t men t 0 [. in his cap.lcity as ad~inist(,.J.to(' of the :0(' v~hiclcs uctinJ . :ur:iti~s Act, chapt~r 21.2~ n:~, as now law or: h~reafter a~end2d. (6) "proT.:)ter" :=;h::tll r,::!:3.n th'? person or organ:.-zatio:! having 3. =~it ~s~~~d by th~ ~irectoc t:) eng~ge in thq business of pronotin~ dev21:)ri~g a cn~ping club a~~ h~ving the overall rC$F~n~ibil:.t7 :- t:.2 S'al~ of ot:?:lb?r:;~i~~=- in a c::1~?i'l1 cl~b. \,~" C:~C,:,:,"," .. t..~!... :::.;.,;-~;.:~~~ 5::=. 2. '/ ::> .... b '" - S \. .; n - 1...., " '.__' \,;L. ~l_:-",-> .&.;J.. C","",,.,;rrr _ .~. ;; - ~1 J club , na 1 not 501r. !;:.l05S a P~,-.,';'" ...-.....-- ""' for . ' p=o::l.o'tl.~n ~~s bc~n g~an~~d by th2 _~ect'):-. \..~.., :!.~~ ~~~T.IQ~~ s~::. 3. T\. l'~' ~ .19 app l.C~_~on ~~r a ?r~~:) tion per~it ::-~all ~::: ~!~ ~~ i-=. t"? d t.o t.~ e di t"'~ct') r 0:1 _ For'"' r 0::\ c- 0' n ~ ;., 1 .', P r => S - '!'" i t.. ~ d ~ e. (.&.. L..: _.......J _ _.J. -- ",-,__..J_ ""'1 In. The in f~i::::l ~i o~ ~e~ui~ea by t~2 direc~:)r in the aF?lic~tion ~all he 0: suc~ a n3.t~r2 as ~ill e:.~ble ..' ...:12 dire~t::>~ to det;:;rni~e h~ d~':elo?::::en~ pl~!l o!: tr.~ ~~~l;~~~t ~nd ~~e _~:.1 -A..."""''''''.. -... -.. ~ a pp 1 i"C:l r. t I $ - . - 1 !:~:;a!lc::..a ~Sp~':1s:.bi~i.':y ~nd abil-i"t.y to p~rfo=::1, or: cause to b~ pc~f:)r~e~, the ev?lo~~~~t plan and the c:)nt~~ct~al o~lig~tions v~i=h uould be ~ce _0 the ::~CD:.>r$ of. t.~~ clu~. ....h'" =0'-''''''; c.....l.. "... 1 .. ~ ..... !'" ~ _...... - - - II. ~hal1 in::lude detail:::d f . . _n o!:~a ~l.O:: J.S to I-"~ &.. ...- o~:1~r:shi? of an::], or':"h" - .\.~j - to cse the land on vhic~ ~he clu~ is to h~ l~c~t~~, in~ludi:!g; ~~t not li~ited to, all o~the ~pul~r~"~'~~r~ns~c..;ons or fealincs ..... . JI>o '" _.l .. \.. _.... .......... - - a. "'" r~g~Ldi~g the lar.d. If tr.~ ::iiI:"2C':.')'C E n G .3 l: ~l:l t ~ h ;; , ..:,.. ".... ';.- ap?.:..........:l.. - -.:> f;~~n~;~l' ~~~.-.~~~~~, _.._ ......._~ .......y &.. _..~:"..."I..~___.c a:ld h~5 3uf!~ci~~t clpit~l t~ ~~~=~~t t~e pro~otion :)f ~ cacping cl~b ~~d h~s ::>th~:-'.j:'~~~ ~0"Jpli.~d. '.:i:'~l t~0 pro\'isio:1s o~ Uli.s'~hJp':.;:>!', th~n h<:? sh~ll - c ~ ":') ~ ~ - .... ...: n '") -.; &- ~ 0:> _~ u.. '. ;-.. :) J 0 ~ - 0.. r- :.. r .1 - .. If h~ ~i~ds that th~ ~?p~ic:\nt is net ::i\\ ~:. c : ~ 1 ~ 'l ~~S~-O!ls:.~l~ O~ ~~s in~uffici~nt c., ., l' .. ~ 1 ....: ~ ,"".." , th~n h.:!' sh~ll D 1.. i- \ :"') r 4 ,", n .. .... """ ..1 t.... .... - Ii ! ~.h" ..... _ ...; r- Ill. 0._ 0 _ _ 0.. p~r~it ot"' i~su'2. a concH l io::~ 1 nf,'-- -.: ... ~ - .... .- - ~ pur s u :1 ~1 ~ t;) t ~ t; p r: ()., i :; to :~ s 0 f ~ e ~ t ion 4 0 f t h i!j J C to f. : th1t. the llE~ ~l:~IIo...~:- ~0C. II . If t:h~ tli:cctor f i 1\ .1 s ~ppli.::\i~':. is n01,:, . ( : :L~ r. c i :\ 11 r 1.: .~ ~~:' :) ~ ~; i ~ 1 c ~::- U:.1 t the J P P 1 i. C.1 nth.\ ~; i.nsIIUl.=:i..~:,t c.qd,t;\1" II': ~11\Y gr:l:\t:\ pro::lolion p..rr.,it, c:>lh!5.tiont'll on -2- ~.'.:" t1~ ~pplic.lnt .1lJren ing to al\ t:1poul\tlincJ of thn proccc~\~ Eron all embp.r:;hip ~alc~ ana chi\r9~~ on ;;\cobec:J [0[" 'a .rcil:.JonaLlc period of .. ioe ul\tl ur,t.il sufficient. mori~y hlS been impounded to adnquately apit3.1~z.~ the cat:lpini club. The t.lircctor' r.1~y, if he find5 it e a so n 1 b 1,; 3.:\ d n ~ c ~ s S .1 r y tot h c b u ::; i II 0 S ~ 0 f t h ~ a p p 1 L c.1 :1 t , pr:::>vide . or rCJ1~~'~0 to t.h.'? applicant of a c2rt~in p0....c0.ntagc oE the i::pOtln~2rl. .oney~ ~hen snffi=i~nt capital is rais2d and the i=pound 1S '~(:t,...~ _ -..... \.,,;t..l.. :he d~r~c~~= shall t.1ke sueh ~eaS~"'2~ a~ arca??ropri~~e t:::> as su... e ~hat the non~y releasQd fr~~ tho icpound ~G appli~d to the ca~?~nq j In b. I~.~h~ event the ic?cun~in; ~ocs not rais~ su~~i=icnt c.1?i t=.l _ 0 '" ~ r" ':> .. ~,.. i=; ~ '" .. ~ :::s t l.,:> C'" ~ D; ... gel n ') ., '" r. ... 'u ~:> _ . ~.........,........ __, "-_......._.\,.~_ _._ c.;..... ....... -"",l"\; ,..... --I . . .. ' . ":.hen. the 11~:J~2rs sh:!ll :-e=ei'.'c: r::J~ t h C> l' ~ r. -... n ~ e.1 1-" ... ~ <"" 1..~, n ::'l"", '" \. ..... ~ .. h C"\ ., _ _~:--v\,,1.'- -'" ...u..._.J ..t.._ ';....\.I:.JJI\,.. '..6 t...;. . rl p:l~,"" ., ... :'lesce!:'sh:..? .f e 2 S I 1 ~ S 5 a rq !: e 1 e ~ s e s ~ r P t:' :::> ': -? d bIt h e c. i::: -? ~ t 0:- · ~[lf ~[S:7IQ~~ S-?::. 5. In the eve~t that the .:le',"" OD->O-<- u t"; __ -.._ _ . 1 t"... pl?n ~or a ca=?ing club ?:::ovides for th~ ca~picg cluh Qwaing or acqui=i~g zlea'r ti:.l~ to t~e lan:! o~ './hic'h the cl~b ~s to be l~cc.ted,' a~G.. l.:\ -the eV~:1t ~h'" p" "''' r.-..".~ .::tn~ &....... S",..L o"ne..-cll" D 0'" ,....1:::.-- ~'...'e .1..0 _ t..: .1..=-.. ~_"". ~.......__, .Lv'" _~.I r.. ...""~. ... ~ _0._ ..~..- .. be ~ h - t}n '-c ~rl"'" ~roa ......,...b,..'.s'.~... ;'a"'='s 0'" &e>::>- 1>u...c. :!st:.~ ::r:::>;) 1_ p.... ~E:;c'-.:> J.._ .\ ...<.;~, r-;_ Il_~ ~.L_ .... .L_~'::>, then t~e .~d i~ecto:: ;:ay '!"'o-",,,re> _\,;;."':iw_--r in orjc:: to nL- ... 0 t pet '.' I. p ; n'" .=.,. C> ~ t"= 0 f" ... \, :::> .... - -.- ~..----.., ~ -. \.....- clu~ . Be.l bers, +\.,,,,.1.- ~..- .... . ~ r_r_~as~l~'~~' '_P_ n~...t~~" o~ e~~'n tl~~~~rrL,,? ~~'n ~... fnp ~ _ _;) t,V- ~~., ... ........ _.....I\;:;--';~..... .;:>-_\: oJ_ t:::_ be set aSl=e in a r~s~rV2 fund to be aonlied to~~rd ~he DU~c~~~e Dric2 ... .. .." of the l~~~. The d.:'~-,..!- ..... r"'~. "-~l~rl" ..L. C'_ _0.... ...c.. / 5_&.,..... -- I . a . rn~"~-~ t~e est~~'''sL~D~T c& _ _ ~ ~.A... ~ l""; i. ..... ~ _..&.. .. ...~ -.& - A- a r2ser~~ fu~c to co~~~ 3ny i~pr:::>vc~~nt~ on th~ groun~s of a ca~pin~ cluh ~~~n th~ ir.?r0V~~Eats, ~c=o=~i~g to the devclop~CJnt plane ~L~ to he O~; ~ ror f'-o" ~\. ~ .. _.... - j J,..... J..... ill-'t "-.; pr:>cccc}s of t'. e ~ 1) ~ r ~ !~ i? ::; :11 e S 0 r ~ c 0 5 . ;:':::' ~~~IIC::~~ $:==.' fie 'l'hc 3it"cctor ~~:l11 3.GOpt r:11es' ~nj r c ::; u 1 :t : :. :) ~ s r!:" 0'" ::"'.1 1 :'. <; f :) r t h .~ t r r ~ tl n d :1 ~ t\~ !: COr i :~ : 0 :: :-. :! t ion .... hie h .1 pr0::ot~r :::lst oiselos."? In its sales en'; pt:'o~o,tiol: lit-.?:::1t:.~I:0 and in its :;=:,~~",rshlp C::>:1~r:-:l:-t fo:...~ . The pro ~ 'J ~ (>::- s l: .111 f i 1.:- '': i f.: :\ i1'n d o e ~ u. i n ~.~: ,~ ~ p P t" 0 .: :~ 1 ~ [ t II ('> t! i ~ ~ C t c ~ f 0:: (1 ) il 11 a =l .... 0 r t :.:; 2 ~ ~ n t s ~ 1\ \j ;, al c: :;' ~".........l-l' 0" 1 ~ -.... J .' .. 1. i '.. ~ r 1 t t: 1.' C , :ll~ r\ (~) it::; ~ cn'.:.:::-:. ~ l tor:-1 l~ '.' :ll in CJ ~/ i t h c 1 u 11 :-0, .'. ~ j..~:-~: ~ i i l~; . r ,,...1 r :. 1 ~ ...., .)t._.1 .... .1,) s ~~ 0 11 hi." r. ~;i f: hy c\~~ti::cJ i:.' i, 1 ~t 1 ~ -1St ~Dl.l:t_('f'l\ d i\ )''3 p:-ioJ: t.o t I, ., , l. : rir~'.:. t:'~i~ of t~l\.~ 1l1!':~J:'Li~\~~"l\l~;, -)- <1.- ;i:Clnoll.on 11 ~ C... ,1 r. U L '': r u L. '. --'., ~l~':TnT~-~"" ., L ;.," , - , , - ~~~O(~t\ ~O h.l'J0. llt~:cn CJr~nt.crl unles;, notice to tile. contrary i~ received ) y c e r t i [ i e 11 [n.l II ..., it h i n t en .1.1 y $, 0 f t hut i 1 i n CJ U c1 t c · .. ll:;~ ~~fl!Q.:'!-~ S~=. 7. Any" pronotion p~rl:lit is~ucd by the jir~c~or :1'l.'1 l"~ susp~nd~i1 if 4;hc uirect~r find:::; any of the follo;.ring: ( , ) Th tl t. t 11 e pro;oJ C) t ~ r '5 a.J vcr t i:l i ~ g 0 r 5 J.l '? 5 tee h n i 'l u e 5 0 r "'::1:3..dc p::~ctic'?s have b'?~n or are unfair, deceptive, fals~, or 71isl'?a1ing; ot' , (2) 7hat th~ pro~ot2= has f~iled to fil~ 'ajvertise~Qnts or ?rot10~:.on l:.t:p.r~tu.I:~, ot:' 1, ..... ...'=> ~c~hp.~shi? cc~t~~c~ fo:::: pu::-su3.nt to the req~i=~~2~~in sec~io~' 6 o~ this ac~; 0: .. (3 ) 7 h c. f: t!o -:: p r C'::l ;) t l~ :: h 3. S faii~J "0 c~~~ ., v;t',h, ~...~.~., '. ' "'" :,l! _.J- ' :-lJles an:i --e"'ul:.'" ",..r- J.. "'J _ *_v..~ ,:l n.....,...~ ;;:....Ot' ....;;.... by the dirc::-:o= pt:!."sua:1~ to t~~ p~ovisions 0: . this c::~?~e!:': 0:- (0) That ~h2'p~0~ote= ~s no~ fi~a:1~i~lly r'?5p~~5i~le or has . f ::' ,...;:,>" ,,: of- - 1" ":"1 r-;> n .. )..nSU__1~_(.:n'. c.:..p.....--:l. ...0 "..._..-..~ ""s s~""ng .-""l~c:.-st,,':r'\s. ,,- :.. _ __~_. :.t<.:...u_.... ,l"'~.' ..,1.. (S} That th~ pro:JDt.~= ~as f~ilec to cor~pll. . . ;t i t~ loc:;l heal:.~ a roc. , ,,~,~ ,,<:".":. rr->qu; v-~"'nn"S _ L.. i. A \.0. ~ - - _.... <.: ..1 - - ~ . . l:hcnev CI:' t here ex ist~ . grouncls for C" " S')~"'; ,,~ " n 9 ....J "- . - .&"'" - J. a . . p~r.ro:!..-:' under this S:>~.'on _'-..._1, th~ dir:ectcr ....ay 3,lso ....cvo..p "l-e p~-_': i- ; ~ ~o .u .L I... "'"... :... :... _..A. - - ~ I.:;" fin:is revo~~~io~ necessary in o=dcr ~o adc]uately p~Ot2ct the int2~~sts o~ th L 1 ' G pu~_~c. ~n-~;: ~::c':' IO:: . --- -------- 52::.8. l\ny contr~::t f:>::- cl~b ""::>....h.,~St,1. t) _ .-._...,_ L_ 6L ~ ~ ~ ,.. ... -1 b~ can c c: 1 :2.1 ~ t 4: h ~ 0 P t i:> n :) f the n ~ n b 0!:' r i ::: t !1 e w ~ /:l1~ ~ r S:;:l d s Z) ~ ': i c 2 0 f t... "" -"\"'.:>' 1 - .,. -\ n h.- - - t': ::' ~ 1".-1 ... ~ .: ~ SUC;I c...... J. n~_O.. l.! C__ _...-~\. ..~_~J... (Lcturr. ~QC~irt r.~}U~st01) to th~ pl:"O;:lO~C:= ,1nc if thi2' n:>tic~ i5 post..:'tl"r.ot l:l':.~:' th.1~ ~i~l~i:]h-: c: .. . ,"~ '"".. ~ thirJ . ' ;)~:$~~~S5 ,1 ;\ '. e. " 11 0 ,.: ...'~ u...! J...J '-':'J .. ~I:> ~" " 0 n .' '1 ; ... 'I .. .1'.... C ~ '" .. ... ... ,.. - ..... 0:- '.. c.;; '1 U J a ro - ...;.. ,.. , ~.. -- - " - - ".. .......... .. ,... .;;;.> .1:j l.';:":\ to Or:- ~:..,:::~d. .,- " ,.. .... - r", t " "n t \, '" "', ,- '., '" _I. --:"'''''~''\.J .....u\.t I..e ,-1.&..'-'- 1>:.; S i :~ C~)::; d.l Y S I ":. :-t ~ ~~ :l yen .... ~, i :- ~\ th~ co::~:~:-~ \~~S n(.F~~d t~ or siCJnc:1 $~~3.11 not he in.~l~,!':-l\ .1~; a " hils:' n C' .; S ' I' .. .. " '.1 J t nor r: " ... 11 ... r. ''{ .:- ') .. 1\ ,- '"\" _... L.l U, .J -" '". \. ... : I S tI ~l r! ~ ',' , 01: 1 ~ g \ 1 h J 1 i \:.1 y ~10 i He 1 'J .L" ~ '. In ~hc l"H...:~t the CClntr~ct. for cl\.:~) rH'~:~)~r~!,ip' 1~' .1 "n~t~il i. n ~ t ill 1:-;.: n t. c 0 ;~ ~ ~~ ,1 C ~ II U l\(~ t' reI: ,'1 p \' l' ~ () J. PI nCi1, :\~ OO'J l.\ ',/ 01: -Lt- . ~ ! .,~ i '1 .. :'t ..' ~.;. ?' ,i >j . ':t 1 L'?uftr~r' unenOl'I\, thP.fl t.he in(O[ll,\tion clisc1o;.II[(! re'luiI:CLH~nt in HeH .'U.1~~ ()) (r:>), uS no\! or h<:,rcll.ftC'r J.r...~p.dcrl, tlci\lincJ \lit~ i\ one-tlLlY )tion to" c:l~ccl, ~h).ll not ap!,'l)' to thp. contrl,ct.' ~'F.',l src-:-Tn':. --- ------- Ss-:::. g~ 1ny cont:":.\ct f::>1: clt~b t'\er.lb?r~hip . ~h'111 voitl~hl,: at the opti:):1 of the !:\cr..ber, if thc cont::-2.:::"t fa!:"::! ha~ not cen fild o,itt thc:ii~"c~or!,~[:;u,~t. to secti006 of t!.i3 act, or if --- he pr~:lot2r has f~ilcd to ~o~ply ~it~ the ~P?liclbl~ ei~closura r.r:u.;...c-p"t-c- ~1"' .;ts \.:";1 -~ ...~..-~. -.. ..... - -\ " ., 11' ~ c' r- .,; t 1.. tho - C - b n - _ __ u ., :j ~ fl..l--.1 .. _ ~.' -, .....1. r or if a valirl ?ro;lotic~ )~r~it _?~ ~~t i~ ~~i~~2~ce f::>~ t~c c~~?ing cl~b at t.~c ti:lc the : 0 11 -: :: ~ :: ": ;; a s ~ c :::? e d . f: n. !l~~. ~::~:I~~:.. ,..~-- ::.> -- - . 1 ~ . T~c cin:~c~.o~ 5~all not g~ui1t any ::> r 0 :-. 0 t i. :>r'; p'?!"::it un+.:il ~? is ,ft.!':;i:;~;?d ce!:"t~fic~t2S by t~.8 app:o?!'~at~ lecal ;01J2:r~~c:nt3..1 au t hori tics en r" ~ .oF.... r. ".. _ ,L. '- - ..... 1..... .. 'J tr.at tt~ ap?lic~~~. . nas 1. . CO:-.r- 2.2=: \:ith all local, ~~alt~, '"":>nn'::"g ~--_. .......-... , ar.-:l , ;r '"l-;"'o- ,.....- l' ........--..,.I.S eJ.\"__o__.-::..-3...... ~~qu ....~_.c..... · A conc.i~ional oe:::~i ~ ... nay be c;~a n ~:;d. penclir.=J ..'c-.:-..... ...-;: -::'-t'''' . . _ l... . c. "",' or SUC~1 cert1L2.cat~S uy tne .: i r~c~ 0::. EI~ ~~~~IQ~:- Sc::. 11. D U l' i n gar. Y ? e :: i o::l 0 f t i. ~ e in - \"1: i. cat !: 2 pro~::>t'?: ' h~s ~~plcy~~S, or tis !~~nts cont~::>l the - .... ~ rlanagC:i1<?-r:t of : a -.... nO:1 pre:.:. _ C~:: pl.n g ::lub, n 0 _f' E e::. S ..... _r C 1\:>. 1'''= ~ "'.: r ~ .... ~ ~ T' '" Cj :.--., D.... i- S n r or " ,...~ s _ v __ _OOJ _-'L. -.__.It-. -...-.... - --. -_"::., . shall ~2 i:.pos-::d UpC:1 or collect'?c f~o~ cl'.lb i:l~nbC~5, unless (1) a notice ~fi~tcnt to i~pOS2 ?pi collect suc~ fe0s 0= char;es, ~osct~~r . l- ..... \: 1. _ .- a:l o~n'~n~~~~~ of th~'::r ".....t'-'- ..c,...... \.._\./.L . 1____ " . " ,. . FU7?~Ses an- ~n~~c~ec ap?_lCa~~o~, ::!.::-? sub~it~:a t~ the dir2=~O~ for his aD~ro7~1 at . . l~a~" r{~.V ~~..c l,_en-o ",." ...:' ~ ..J _." '- ~ \...... u ~. .."> -J......:.... ~ .- ." suc~ :0~S a:1~ c;\a!.'~25 ~r~ to bc::o:.e p~Y~;11c; ar.c. (2) the d:.. r 2: ct.) !:" a ?Pl-O':~S .. ..... .... '.' ..... - -.. 'l'he :1 iI:" f?::: tor ~h3.11 ~rprn'.rr: oPe: P~~~~~p.n f~05 Jr' ch:\ rg:::'3 ....~::.::~I t-o .. - fi~~s r ~ ... c: 0 'I "l l) 1 '" "t'';: ... 1.. .. ''; ~ l' ,~.. n. t' [" 0" .:> ..... ~...) I -" '. .J>- II",.. c:... ,.& ..J .l _& J-...;.. - _........:J .: .. - ~ .,. ., #...l. " 1 ~(> , fir::1s ,~~.....~.... ~-~*)\...., ~ ... " __ ... ...:. _'...J.. .... ........ \...: . In' t l, r> .. - C\'2nt the uir(>c~cr ~1:)C's !1ot d ~ c-:l n~."A'.:'t :"'I'" ". _. a.. ..... t : ........~. t.. .. ! 1',,,p:""" :003 OL- CCo~["~S \Iithill fo,t-.y-[ivf! day" a::,c, notice ic> :-i1,'<: \.' i .... h ~\ :. :: I U: " t~ ~:.. h (' i' s 1', 2. 11 b (' d p c,: ~ d ~ F pro '" C' ~l . The p1~Ci::1ter s~..;ll b.:- liJ~)lc to ~.hc: ::luh ::(,:1bC-:-5 !:c~- .:l:.y :-\oa~,:, c () 11 c c ... ~"~ ~ I: \. i 0 1.1 t i (' i: J: t ~~ i ~ . !\ C ~ ~ 1. :> ~ . . ! :~ .11~ y ~ction :h'" a i' - " G C ::~).~, 1: to ::('~:O':('>:" ::..!.~.=1.:-:-;'"..'r.t r'.',-:~; 01: :::!.~-;:-:.:~:~ cC')~\"'=.:l'':-,~ , '0 . .. ...iol... ~i0~ of ~ l~ ~ ~ ~es \. 5. c:\, U:\~ P\ Co ::: h '2 t" , if In' prc.\'~il;., !".h..ll h~ i:\\',\rd(',l .\ n.."l,I:::n:L\bl~ -~- ~- :.:; 1 ~ : n 111 ,1:~' . I) 1\ / 12 P - -G . . .. ' . . '. attorn-=ylr, fee. T 11 ~ t c n~ II non p r C' r i t tl ;l ~ u ~ C l1 i 0 t his !j 0 ct ion r c [ c [' !i to i\ny dornestic~ corpl),t"t1tion . :>rcJ<1ni7.cd \11~dct" 'ritll~ 2q nett, nnel noy fotp.iejn cor po r :l t, ion i\ u tho [" i L. ~ d t 0 c::> r. J u c t u f ,f a i t:' ~ , in t his s t n t e under' Title 24 Re..... li[~ ~r~:I~~.~ Sec. '2. Any person Yho kno~ingly sells ner..bet"::;!1i?=> ~r. a c~~ping elch for ~hich a pro=otio~ pe[~it hasn~t .bE-en iS3~,:d O~ ':c:: ... .... not curr2..~ly i~ force 3ha11 he guilty t= 0_ a 91:0::'5 wlSC2~=~~O~ and nay be fin~1 nn a~ou~~ up to one t~o~;,a~c dolltit"5. ,It shJ.ll ~~ :!. c.eEe!1s~ t~ ?tT'.j p!:cs~eu~:o;1 b:::cuC}h~ u~Jer t:-.is secti:>p. tlnt ~~e ~;:-ft::::t3.a~t \:~s 0::- ;.s a bon::\ :i~e' i:!eu~;r::r of 3. CR::i?i:l:J club ~t t.h~ , .\..' ". t~::~ 0: Il~S .sc..........l.ng \..:'" Sl'p,("e -;-r.-l".,,:,\..-:-h''''' thcrp'n t... _ ..:> .. "J ~ t.. ...... .... v_&... ~, .- ~ .. -. - 10 . . !!.~~ ~~~:~2.?l~ Se::. 13. ~-c~ anp"~-~:~~ ~~~ Lt:..l ~ _...\;~l__;";." ;..v.... a p::-O:I~ t i:)n per.:=:1i t z:-:~ 11 ~~ a~~n""p:>n';e,1 _"'~_. c.;,1.._ .... by an apFl~c~tio~ :ee in t~e a:Jour:t. of thr:ee ~~~c.re:l <1011='::5. ~~.~. al.'rnc' t.'Oi r~:>ll l.~DO~- a" ..... - ......- - ~:.~ . "'. ...::: .i ~d d it i:)1'~a 1. f~e . in t~e ~coent of one ~undred dolla~s i~ the ~v?nt o~ the issuance Q~ a prc~o~io~ per~it con~ition~d on an i~pounfing of the p~oceees fCQ~ me:;:b~rs~.i D sv..lcs an:l Ch~::g\?5, and an a:!.di t.ion......l ~. in trte a ::10U n t. t)f .L..~n .. one h'J~~red Gollt:!.~s in +-l-o event .. \, r-. pro::oter is req.u ired to ........- ... . & \,; cstablisa ~ res~~ve fun~ c!: r~s~rve,f~r.as unde= t~i3 c~~pt~!:. E~~ ~~[:~2~~ s~~c'. .... .. '. I'" . The provisions cf . . . . .....~. . the ' Ad~inistrati~e Pr.:o c e ,~ ~ :- ': :. c t , ch~t'lt=r- 34. ~ 4 ~~eij, as no..... 1:1 ~l or h'?t:e 3 ft~~ a:::end2:! , c:: \.. ~ 1 "\ , ... ... 1.. .. 0 "" n 'j ., ~ 1 ":.- .- - :-' :- .... J .... .:-~ I.; ac.::1i~is:.!:')":i'le ~~o~e~~~~5 car~i~~ .. out by t l,n .. - di::ect.:-: u:).:e::- tI:e p::.D...ri:..~i:>ns 0: t!~i5 ~~::lptGr. 7~~ ~i~~ctor sh~~l ~ l' . . a10 C (l ~ ~:. ~ .:.. ~~ ~ , if Cil0 . ... ... .;> cC:lan1p.c., on a:l}' issu .~ CQf.C0I:';1 i:1g .. I.:,,> \.....~ gr3::t~:-:;, r:::, \'oc:a. t: i 0:: , 0::- ~~5:\('n::;io~ 0: a . .. p~ r-=-~~ "". r;: ~~ ~ ,~ i r 0 C *: " :: .... '"\ .. ..... 1 a:} 0 p ': ::-:: 1 :; ~ .1:1': :- l'" ('! \,~ l..~ t:.:. 0:1 S to . "'~ ~ r~-.... f.. 1 .'. t' _ ., I', n .. the [):: 0 \'i :; : 0 l\ ~ , of ~ " : - \...,,,-~ c h ~ P '.: .::- ::- , In adJit.io::, ~':> ;:lor (1) 1:::.:'-0 invc::::tit;:l".ic::.:; ~o \l0~('t'~ii:':- \.' 11(' t ~ ('::- ,~~ ':' P ~. 0': i s i (.) ~ s 0 f t i. : C' .. - -' c !; .:l i) t I:' ::- , 0:: , ru 1 C'~.. ~nd r('gul,),t~o:~s ~ d (, 1) ~, ~ .: !: 0:. ~ ~ :~ J C' :.... , h ~ ';.~ !iC ~:l \' i ~) .1 '.: .::- ~ : (::) n ,\ ~ f! : 11" '.... t ~ ,. .. .. ~ "".,.. .. ^ ~. ,'. _t ......J... - - \ I .. --.- \. ,-' <3 c t .. r :i i ~....' .~. ~l . ~ ~ ~ I C r- :\ p~o~otion i l{~ l" ~ i ~: ;. 11 0 U 1,} :; l~ I' r ~ 'I .' n (1 'J l.. ".. ....... . t \tl"!lie'I, re\'o\C'~, or ;.u:~p(,I:11:~J: .'10') (J) '-Ilhr""'-I\' ..)...n.......'...- .. ...J,' \. J \.. ,. ""... t I ...... \..: . It 111 O~.tll..t. to (:O:-lp0.l. lh\d,r .'1~"(,:lll.'\IIC.:~ or. l:CfJtlir'1 t!10n lo p\.'ol1uCi~ \\1\)' l>O()l.~;, P'\ I'" r~;, -G- -LC';6~~ponr~l:nc\.', <l!}rC':'r:1pnt~, 01:' olheJ' (\OC\1[;\cnts or reconl::; vhich he '~ t:l5 1:' C' 1 f.' V 1 n t () I:' r.1 t e [i .11 t. 0 \~ n y in v e:. t i C.P ': i O:l, 0 thc.1 r: i n fJ con due t t~:l hi;J '1 n (1 C (' t h (\ P ~ 0 '/ is ion S 0 ~ l: his ell J. p t ~ r: . !i.I~ ~~CII~:l=- s ~::.' 1:' . . r.. C u n pin 9 c 1 u!) ~ 11 u 11 not bee 0 n s i. d e r (? d sub~~'li~:':):1 1J!'1'~':!:" ~c~; 59.17. :::2~ (1). ~l () t h i n ~ in': Ii i s C h ,:11' t ;: 1: shilll \!ver.t c:) 'J:1 t i t~ S 0::- c i t i ~ s f 1: :) n 8 n u C ~ :. :1 g 0 r din .J.:l c e:) 0 1: res 0 1 uti 0 a ~ tt i :<1 01=> l-"'; ....... ... - \.. - .L..':J 0:- ::;utd,iv i:::;io:1 I:n qui!:" '.:::: (' n t s sol~ly f :) 1:' Ctl~Fir.g nbs. ~( F' ~ ~::c~-r~':= . -------- S~c. 1 Ii. SXCC?~ 35 spccifi~J.lly p1:'07 ic. ~ d. ~:l:'2'lnr 4:.::::. ?::-ovi~i:>:ls 0: l-.... ~.1 ~ S C .... .... no,. '"',.. _ :,..~, -'--'... shall :-lot cxcl'Jde the v:::>' ,........... ~,...- 0;: c."..y O:':-1'2r.- "'......o-A____-.... ... lil',{ to Cll:::1:..nCl cl~~s, - " C;:1 :: p J.. ~ 9 club -e-,hn',.. - , .. _...,~ .........":t,; .- prG::ot0:S. E-II' '2.~~=l~~=- s~=. 17. (1) 7hc ~iI"~::;tCL ~~~ll if he :in-3s ~ t- - -, :;~e ss~:: ~J' r,0 -:~:;; businp.ss of a c~:J?i:1g cl~b in the p!'oc~ss -I 0:: ~721C?~2~~ as'0f t~~ ~f:?cti~e d~t8 of t~is ac~ exte~d the ti::te I ~y :lic~ ,th~ ~~'{elc~'~:: . s~2.11 ho? 1:'e~'li~0d to obtain a pronotion p~r~it; :i.a. O ;. \. ,., ...-" : r. ".... ~, .. \..~l\.::.J.-._S_ C<ttJ.'.~-l .-.t.." +'~ L ....- '.l ~ '. ;: _ n ... s C.l a ? " e .:... . :. (2) s~c~.io:1 9 0: ~ ~ is :> ...+ ...." - sh!lll :lot ... ... ~ , .. U.:-~"'l to or affec~ the! .".. .:; ~ ; ~ " ~-""''''~'-1 ,.{= v~ any CO:1 t::-act .~- ---~---~.. ~ :. v'- ,"':;;_' U<.;;.. .J., ~? ....;) il c::;.=:?,i.:JS clt:~ en'.:c:--:=d, --n~o prio:." to ~hc ef:ective G;;.~C: of "this 2.ct. (3) sectio~s 1:; ~nc. 15 cf t~i~ cc~ z~~ll not apply to a~y '3il?i~S" club i~ t~~ process of ~en:lop:-:e:;t: 2S of the effective 1at~ .f this '?c<:. (4) S"lcti:):l 11 of this ~ct s:.all :.ot ap?lj' to any fees or h:l ~CJ es i :-:~:):)'2': U?():', :>1.- C 011 ~c ~;:~ f:"O;"i a ca~ 1>1:::; cllJ b ~0.'" ~e r pI:' iOI" to he (? ( :: 2 ~ : :. ....? C ~ J~ ~ 0 : t !~ ~ sac t . ( 5) · .... ""':'"').' ~ . '" ~ - _: t .... . ,\ p;. 0,.. '- ~.:..:->.1 ~,.~ ~ ".. ~.:1 ~ n~t he SU5pC~~~~ oc rc\'o:~crl un~C:::- -ec~io~ 7 oft h i~ J.~t ~OL c:>~.ju(:t "... 'J ... ., :'I ~ ; ,. ... ..- , 0- \".:." ....l "} _ u ........ :.. - L to t~~e c [ fee ~ S, \' .? ate 0:: t~is ~ct. ~I ~.,. ~:~:~~:.;..!.. c-,,- .J';..._. 1 Po . i'rio: to J \1'-' .~;: t ,... ,.. t 1. " .-. ... t" _ _ ... -. """ '. - l~ 3. ';. ~ of t ~l i. ~ . ct" t!IC, di.::-('c~o~: :-',;1)' )do~~t r~11cs ..~nj rC::i~l.:'.+::.c:::. to i,;i~~1~""'::;0t\t t!~i:; . It.~ ~)~r.::' I ~\':t c!: "/ r'u l ~~; } r: J :~c'...:t~ l :11~ i ::,:. ~ ~ 0 \l \.~\)~,~. 0\1 ~:;hi,ll !~ 0 t. ~ :1 }~ Q , f [ !: C t PL':' ~~ r t" 0 .:. \: c 1: , {~ ( r l~ c t.i \' C' \1:1 t C' . ..7- ~.....:- :...._----~- ~u~_ ,l.~'~ .u u _ _u __ u no~' (o'Pp1i' to ?r.y c l) i.\ 11 i n J C 1 u!J \,' 11 i c 11 i s r c CJ i!... t. ~ n~ i 1 P \l t :~ U iU). t lot h c Gccuti~:.':;, c1nd CXChi\l\qC act of 1933 of\u/oc the s('cutitic~ act of the ~ tat C 0 ( il u ;, h i l~ 9 ton · llI~ ~E~IIQ~~ s~~. 2r, If any ptovi~ion of this 3ct, , or it:::; applic:'.~ion to any pp.t:::;on 0[' circt)~stl\n::C is held inv:\lioi, the rc~ai~~~: 0: t~e a::~, or th~ ~pplicJtion of th~ otovis:.on . to ot:.et: pC'tSo~::; or- cit'C1l:-.st:!.nces i:=; not aff-2c':cc. ~~:i ~I(:;12~~=- S~C. 2,1. sect:.o~s 1 thro~gh 19 of 't his act .shall (;:>:::;~i':u:C' a n~'J ::ha~t'?!:' 1rl ?itl.c 19 ~.C;l. '. Pac-snd .t'l'- \''''':'() t:'n~~""''''''V 1:-7 1!'l7"'l .. ."""> \,.,; *' .:: . I . . ~.... . _ _ _ _4..... L . .. . -, ~ · , ..I ~~ J.." ;-'';-' /.' ~I .~., ~. " ' , ~ ....,# , .:,. ...."S'o f. . ___: n.,., ~ ." ,.. , .' ~..; ... / J '. //.''''':':........_,., I~~. ""......._...;.:......;y.....---"'""....': f: _'; . ,'" ~ -' v"'-'''-. l_ .- / . . .-" .n...... '-rwo"',....... :.;.,. .... v #. .,. Spea~~~r ~:: t~e Ho...;a.... ",' Passed , j the ?:s~n2.:'Q ;:>'2~::-n:lr:Y 11, 1972. /J' - I '/./1 /? //...~.--. ~ I)...,,. ,;', (.~ /L",.,/I :' / \ 0 ,.' .'. .;. ...-y \/- . " /r<J'u vr .,' ~J' ' (-.. !.-J ..../ . :-:-_ (j Pre;,~dcn~ 0= the se~:t~. . - ~." MO- 01 ' - ~