[HISTORY: Adopted by the Town Board of the Town of Wheatfield 5-6-1985
by L.L. No. 4-1985. Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Court Law of the Town
of Wheatfield."
The purpose of this chapter is to promote the health, safety, protection
and general welfare of the inhabitants of the Town of Wheatfield in the following
manner:
A.
By the regulation of mobile homes in courts and the requirement
that all mobile home courts be properly licensed in the Town of Wheatfield
by the Town Board.
B.
By the requirement that mobile home courts can be established
only in accordance with the plans for the same, as approved by the Town Board,
after review and recommendation by the Town Planning Board.
C.
By the promulgation of standards and regulations for
the design and operation of mobile home courts.
A.
Word usage. When not inconsistent with the context, words
used in the present tense include the future tense; plural and singular connotations
are interchangeable. The word "person" includes a firm, partnership or corporation
as well as an individual, whether tenant, owner, lessee, licensee, agent,
heir or assignee. The word "shall" is always mandatory. The word "may" is
always permissive. The word "used" includes the term "designed or intended
to be used."
B.
BUILDING INSPECTOR
COURT SITE PLAN
COURT STREET
DRIVEWAY
ENFORCEMENT OFFICER
FIRE COMPANY
LICENSE
MOBILE HOME
MOBILE HOME COURT
MOBILE HOME LOT
MOBILE HOME STAND
OPEN SPACE
PATIO
PLANNING BOARD
RECREATIONAL USE
SERVICE BUILDING
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
Definitions. For the purposes of this chapter, the following
words shall have the meanings ascribed to them in this section:
The duly appointed Building Inspector of the Town of Wheatfield or
any person designated by the Town Board to act in his or her absence.[1]
The plan required of an applicant for a license to establish, maintain
and operate a mobile home court in the Town of Wheatfield pursuant to the
standards for mobile home courts as enumerated in this chapter. Said plan
shall show all of the required information pertaining to the proposed layout
of a premises for a mobile home court in compliance with this chapter.[2]
A private way which affords principal means of access to individual
court units or auxiliary buildings.
A minor private way used by vehicles and pedestrians on a mobile
home court unit. This area may constitute off-court-street parking.
The person duly appointed by the Town Board to enforce the provisions
of this chapter. Unless otherwise designated by the Town Board, the Building
Inspector shall be the enforcement officer.
The organization, public or private, authorized by the Town of Wheatfield
or by the state law to provide fire prevention and fire protection services
to any or all areas of the Town of Wheatfield.
A written permit or certification issued by the Town of Wheatfield,
permitting the construction, operation, alteration and extension of a mobile
home court under the provisions of this chapter.
A manufactured, single-family dwelling unit, designed for year-round
residence, mounted on its own carriage for movement by towing to a mobile
home court unit. This definition does not include vehicles considered to be
camping trailers or self-propelled motorized vehicles.
A parcel of land which has been designed and improved for the placement
of mobile homes for nontransient use and cannot be platted and filed as a
subdivision with the Niagara County Clerk.
The space for rent or lease only in any mobile home court which shall
be designed for and assigned to occupancy by one mobile home.
That part of an individual mobile home unit which has been reserved
for the placement of a mobile home exclusive of any appurtenances.
A public or private area which has no physical improvements. Open
space areas may include active or passive recreational components. Such spaces
may be required to be provided by developers for the general use of the public
or residents of the development.
A surfaced outdoor living space designed and intended to supplement
the interior mobile home living area on a seasonal, warm-weather basis.
The duly appointed Planning Board of the Town of Wheatfield.[3]
Area set aside exclusively for any form of active or passive pursuit
of play, amusement or relaxation.
A structure housing sanitary, operation, office, recreational, maintenance
or other facilities built to conform to required standards of this chapter.
The duly elected Town Board of the Town of Wheatfield.
The duly elected Town Clerk of the Town of Wheatfield.
The duly appointed Town Engineer of the Town of Wheatfield.
A.
Except as otherwise provided by this chapter, no premises
in the Town of Wheatfield shall be used for the parking or locating of a mobile
home without a license.
B.
No license shall be required for the storage of an unoccupied
mobile home completely within a garage or other enclosed structure in the
Town of Wheatfield. No license shall be required for a mobile home parked
or located in a duly licensed mobile home court.
A.
Upon approval of the Town Board, the Town Clerk of the Town of Wheatfield, upon written application and upon payment of required fees as established by the Town Board, shall issue a license to park or to display for sale a single mobile home subject to the following terms and conditions: a license to park, but not occupy, a single mobile home in any nonresidential district of the Town, as defined by the Chapter 200, Zoning, may be issued for a period not to exceed one year, provided that the mobile home is so located as to be consistent with existing setback and bulk regulations.
B.
Upon approval of the Town Board, temporary emergency
parking of a mobile home on premises, public or private, in the Town of Wheatfield
while awaiting repairs shall not require a license nor be considered in violation
of this chapter, but shall be subject to any other restrictions imposed by
law, ordinance or parking regulations.
[1]
Editor's Note: A fee schedule is on file at the office of the Town
Clerk.
A.
All mobile home courts lawfully in existence at the time
of the effective date of this chapter shall be exempt from all of the provisions
of this chapter, except that the owner or operator of an existing mobile home
court shall obtain a license which shall be issued by the Town Clerk upon
written application and the payment of the required fees as set forth from
time to time by resolution of the Town Board and that any repositioning of
mobile homes shall be in a manner that shall maintain a minimum distance of
13 feet between mobile homes.[2]
B.
Any existing mobile home court which expands after adoption
of this chapter must comply with all requirements of this chapter in the area
so expanded as to setback, size, etc.
[1]
Editor's Note: A fee schedule is on file at the office of the Town
Clerk.
A.
A mobile home court license shall expire on the 31st
day of December following the date of issuance, but may be renewed, subject
to the provision of this chapter, for the additional periods of one year each.
If the initial license does not coincide with the December 31 date, the fee
for said license for the remaining period shall be prorated.[1]
[1]
Editor's Note: A fee schedule is on file at the office of the Town
Clerk.
B.
The original application for a mobile home court license shall be filed with the Town Clerk. Such application shall be accompanied by six copies of the court site plan drawn to scale, and such plan shall be prepared by a professional engineer or land surveyor duly licensed by the State of New York, and such plan shall be approved by the Niagara County Health Department. Such plan shall also indicate such other information as may be required to establish complete compliance with this chapter, as defined in § 114-8 for new mobile home courts and as required elsewhere for existing mobile home courts. One copy of said court site plan shall be distributed by the Town Clerk to each of the following: the Town Board, the Assessor, the Building Inspector or the enforcement officer of this chapter, the Town Planning Board, the Town Engineering Department and the office of the Town Clerk.
C.
Application for a renewal of a mobile home court license
thereafter shall be filed with the Town Clerk, and after receiving approval
for such renewal from the Town Board, the Town Clerk shall issue such renewal
license for the prescribed fee.[2]
[2]
Editor's Note: A fee schedule is on file at the office of the Town
Clerk.
D.
Upon receipt of the original application and the proper
fee, as established by local law, the Town Clerk shall refer said application
to the Planning Board for study and recommendations. Following the favorable
recommendation of the Planning Board to the Town Board, the enforcement officer
shall determine if all the provisions of this chapter have been complied with.
The Town Board may approve said application and direct the Town Clerk to issue
a license.
A.
General application and variance.
(1)
Unless otherwise provided in this chapter, the following
standards shall apply to the establishment, maintenance and operation of new
mobile home courts and courts that expand in a contiguous area in the Town
of Wheatfield after the effective date of this chapter. They shall also apply
at such times a license is reissued unless otherwise provided for in this
chapter.
(2)
An exception to the above Subsection A(1) may be granted by the Town Board where said Board finds that, because of unusual circumstances such as the shape of premises, topography of premises or other existing conditions, extraordinary hardship would result from strict compliance with the following standards for mobile home courts; said Board may vary the applicability of said standards so substantial justice may be done and the public interest served. No variance shall be granted which will have the effect of nullifying the intent or purpose of this chapter or the requirements of the Niagara County Health Department.
B.
Mobile home court site plan. A mobile home court site plan, prepared by a licensed engineer or licensed land surveyor and approved by the Niagara County Health Department, shall be filed with the Town Clerk and the Planning Board. The mobile home court site plan shall conform in all respects to the requirements of Chapter 200, Zoning, Article XII.[1]
C.
Mobile home court.
(1)
Each site should have a minimum of 30 lots.
(2)
Mobile home lots.
(a)
Each single mobile home lot shall be at least 5,000 square
feet, of which no more than 20% shall be occupied by the mobile home stand.
Each mobile home lot shall abut a court street with access to a public highway.
Such lots shall be clearly defined, and mobile homes shall be parked in such
lots so that no mobile home will be:
[1]
Less than 20 feet from any other mobile home.
[2]
Less than 50 feet from any public right-of-way. However,
the Planning Board of the Town may for stated reasons, recommend a greater
setback. The minimum setback, as approved by the Town Board, shall not be
used for accessory uses, such as recreation or vehicular parking. If such
setback area is part of the mobile home court premises, such setback area
shall be satisfactorily landscaped as designated on the mobile home court
site.
[3]
Less than 25 feet from any property line of property
abutting the mobile home court site.
[4]
Less than 15 feet from any court street.
[5]
Less than 15 feet from the rear line of any mobile home
court lot.
(b)
On curved streets and culs-de-sac, the setback and side
yard dimensions shall be calculated on an average basis in accordance with
the aforementioned requirements.
(3)
Suitable vehicular access shall be provided to each mobile
home court lot. Each court street shall be well marked and continuous and
shall connect with a street or highway at a ninety-degree angle, and at least
a twenty-foot width shall be improved and maintained with an all-weather hard
surface on a suitable base subject to the approval of the Town Engineer. All
court streets shall be illuminated as per standards required for residential
subdivisions in the Town of Wheatfield.[2]
(4)
The driveway shall not be less than eight feet in width
and shall be improved and maintained with an all-weather hard surface on a
suitable base subject to the approval of the Town Engineer. The driveway shall
extend a minimum of 20 feet beyond the fifteen-foot front setback, but in
no case shall it extend beyond the mobile home stand.
(5)
An area or areas restricted to recreational uses, not
including right-of-way or easements of purpose, shall be provided in each
mobile home court. A minimum of 500 square feet per mobile home court unit
shall be made available in one or more places within the court for this use.
The Planning Board of the Town may require suitable fencing and landscaping
of such areas for screening purposes. If, in the opinion of the Board, the
above areas are not desirable, the Board may waive such requirements. The
Board shall then require the payment of a fee as established by the Town Board
in lieu of the reservation of such recreational areas.
D.
Service buildings.
(1)
Each mobile home court may be required by the Town of
Wheatfield to provide one or more service buildings which shall:
(a)
Be located at least 20 feet from any mobile home unit,
court street, road or driveway.
(b)
Be of moisture-resistant material with well-drained floors
to permit washing and cleaning.
(c)
Be of permanent construction and adequately lighted.
(d)
Have adequate heating facilities to maintain a temperature
of 70° F. during cold weather and to supply a minimum of three gallons
of hot water per hour per mobile home court unit during the time of peak demands.
(e)
Have all rooms well ventilated with all
openings effectively screened.
(f)
Provide in such service building at least two commercial
washing machines and one commercial drying machine and, in addition, two washers
and one dryer for each 25 mobile home court units not having self-contained
washers and dryers. Said facilities shall be maintained in properly operating
condition at all times.
(2)
Standards adopted by the Department of Health shall be
used to determine the sufficiency of toilet and laundry facilities provided
in any and all mobile home courts.
E.
Utilities.
(1)
No mobile home court license shall be issued unless and
until the water system thereof is connected to and serviced by a public water
supply and distribution system and approved by the Niagara County Health Department.
The water system of a mobile home court shall be connected by pipes to each
mobile home stand and to each service building. No common drinking cups or
other utensils shall be permitted. Drinking water facilities shall not be
placed in any toilet room or water closet compartment.
(2)
All plumbing in a mobile home court shall be constructed
and maintained in accordance with standards approved by the Niagara County
Health Department and in compliance with the Town of Wheatfield standards
and with all applicable state and local laws and regulations.
(3)
All waste from showers, tubs, toilets, laundries, faucets,
sinks and lavatories shall be wasted into a public sewer system or a private
disposal system whose design, capacity, construction and operation are approved
by the Niagara County Health Department. Each mobile home court unit shall
be provided with a satisfactory sewer connection approved by the Niagara County
Health Department.
(4)
An electric outlet shall be provided for each mobile
home stand. The installation of said outlet shall comply with standards approved
by the American Insurance Association or its successors and with all applicable
state, county and Town laws and regulations. The use of coal, coke or wood
for heating, lighting or cooking shall be in compliance with the New York
State Uniform Fire Prevention and Building Code in all mobile homes and in
any service building.
F.
The mobile home court operator shall manage the court
in accordance with the recommendations of Niagara County Health Department.
H.
Management.
(1)
Every mobile home court owner or operator shall maintain
a register containing a record of all mobile homes and occupants using the
mobile home court. Such register shall be available to any authorized person
inspecting the mobile home court and shall be preserved for the period required
by the enforcement officer. Such register shall contain:
(2)
In every mobile home court there shall be a building
in which shall be located the office of the operator or person in charge of
said court. A mobile home may be approved by the Town Board to serve as said
office instead of a separate building but shall be identified as the office.
A copy of the court license and a copy of this chapter, and all subsequent
amendments thereto as may be made from time to time by the Town Board, shall
be posted in said office. The court register shall at all times be kept in
said office.
(3)
It is hereby made the duty of the attendant or person
in charge, together with the licensee, to:
(a)
Keep the court register.
(b)
Maintain the court in a clean, orderly and sanitary condition
at all times.
(4)
The cost of compliance with the above standards are the
sole responsibility of the court owner.
A.
It shall be unlawful to increase the living or storage
space of any mobile home licensed hereunder or located in a duly licensed
mobile home court without first obtaining a permit from the enforcement officer.
This shall not preclude or prohibit the erection of a storm shelter or seasonal
enclosure thereon, provided that a permit is secured therefor, and provided
that storage space is not afforded in the storm shed. Awnings or canopies
may be attached to mobile homes and an outdoor, unenclosed patio may be constructed
to the rear of the front setback without securing permits therefor.
B.
No occupied mobile home shall be located in any area
other than on a lot in a mobile home court.
C.
Mobile home courts shall at all times be maintained in
a clean and sanitary manner in accordance with the provisions of this chapter
and with any other requirements imposed as a condition of granting a license
or the renewal thereof. Nothing in this chapter shall be construed to abrogate
any of the provisions of the Niagara County Health Department or of the Public
Health Law of the State of New York, as the same now provide or as the same
may hereafter be amended. In the event of inconsistencies existing between
the provisions of this chapter and said code or law, said code or law shall
govern.
D.
From the effective date of this chapter, no mobile home
court, park or camp in existence on the effective date of this chapter in
the Town of Wheatfield shall be expanded, enlarged or extended in any way,
unless such expansion is in full compliance with the provisions of this chapter,
and which premises and mobile home occupancy, upon inspection by the enforcement
officer, are determined to be eligible for a license as a duly licensed mobile
home court in the Town of Wheatfield.
A.
Before a mobile home court commences operation, the enforcement
officer shall make an inspection of the premises to determine that all of
the requirements of this chapter have been complied with before he or she
grants and issues a certificate of occupancy.
B.
If the enforcement officer finds that such mobile home
court is not being maintained in a clean, orderly and sanitary condition or
that such mobile home court is not being operated in accordance with the provisions
of this chapter, he or she shall serve upon the licensee, his or her agent
or employee, an order, in writing, directing that the condition therein specified
be remedied within 10 days after service of such order. If after the expiration
of said period such conditions are not corrected in accordance with said order,
the enforcement officer shall serve a notice, in writing, upon such mobile
home court licensee requiring the licensee to appear before the Town Board
of the Town of Wheatfield at a time to be specified in such notice and show
cause why such license would not be otherwise revoked. The Town Board may,
after a hearing at which time the testimony and witnesses of the enforcement
officer and the licensee shall be heard, revoke said license if the conditions
described in the original order have not been corrected or if the licensee
has violated or caused to have violated any of the other provisions of this
chapter not so cited in the original order of the enforcement officer. Upon
the revocation of such license, the premises affected shall forthwith cease
to be used for the purpose of a mobile home court and all mobile homes shall
be removed therefrom within a period of time as indicated by the revocation
action of the Town Board.
Any person who violates any provision of this chapter shall be punishable
by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both
such fine and imprisonment. The imposition of any penalty for a violation
of this chapter shall not excuse the violation or permit it to continue.
A.
The Town Clerk and the enforcement officer are directed
to maintain one copy of this chapter and all revisions and amendments thereto
in their respective offices where they may be inspected by any interested
person.
B.
Unless otherwise provided by action of the Town Board,
the Building Inspector of the Town of Wheatfield shall be the enforcement
officer of this chapter. It shall be his or her duty and responsibility to
perform all tasks assigned to the enforcement officer by the provisions of
this chapter.
C.
It shall be the duty of the Town Clerk to perform all
tasks assigned to him or her by the provisions of this chapter. Among other
duties, the Town Clerk shall collect, record and turn over to appropriate
Town officials all moneys received from license applications, license renewals,
permits and such other certifications as provided for in this chapter or by
the Town Board.
