Town of Rush, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rush 1-22-1985 by L.L. No. 1-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 65.
Subdivision of land — See Ch. 100.
Zoning — See Ch. 120.
Design criteria and construction specifications — See Ch. A125.

§ 77-1 Title; legislative authority; purpose.

A. 
This chapter shall be known and may be cited as the "Mobile Home Park Law of the Town of Rush." It is enacted by the Town Board of the Town of Rush in accordance with the procedures set forth in § 10 of the Municipal Home Rule Law of the State of New York and the Local Law Adoption Procedure Law of the Town of Rush under the authority of the provisions of Article 16 of the Town Law of the State of New York, which empowers the Town Board to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes and to establish penalties for the violation of such regulations, and § 130, Subdivision 21, of the Town Law of the State of New York, which empowers the Town Board to regulate house trailer camps, tourist camps or similar establishments.
B. 
The regulations contained in this chapter have been made to promote the health, safety, comfort, convenience and general welfare of the community; to protect and preserve the property of the Town of Rush and its inhabitants by regulating mobile home parks in the Town of Rush; to provide diversity in housing choice and greater opportunities for obtaining moderate-cost housing; and to encourage the development of well-planned mobile home parks.

§ 77-2 Definitions.

A. 
All definitions in § 120-5 of Chapter 120, Zoning, of the Code of the Town of Rush shall be applicable to this law.
B. 
The following words or phrases as used in this chapter are defined as follows:
LOT
Any section, portion or plot of a mobile home park devoted to the use of the occupants of an individual mobile home.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient residential use.
MOBILE HOME STAND
That part of a lot which has been reserved and improved for the placement of a mobile home, appurtenant structure or additions.

§ 77-3 Mobile home park requirements.

A. 
Location. A mobile home park may be located or maintained only in a Mobile Home Residential District (R-MH), as defined and established by Chapter 120, Zoning, of the Code of the Town of Rush.
B. 
Zoning Law. A mobile home park must comply with all applicable provisions of the Zoning Law (Chapter 120). In case of any conflicts between Chapter 120, Zoning, and this chapter, the more stringent provision shall apply.
C. 
Site plan review. In addition to the standards and requirements of the site plan review regulations of the Town of Rush, the standards and requirements enumerated in §§ 77-4 and 77-5 of this chapter must be met by an applicant for approval of a mobile home park.

§ 77-4 Mobile home park facilities.

A. 
Utilities. All utilities, as defined in § A125-4A of Chapter A125, Design Criteria and Construction Specifications, of the Code of the Town of Rush, whether intended to be dedicated to the Town or maintained in private ownership, shall be designed and constructed in conformance with the standards and regulations prescribed by Chapter A125, Design Criteria and Construction Specifications.
B. 
Electrical requirements. Provisions shall be made for an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with Niagara Mohawk Power Corporation specifications and regulations. All wiring fixtures and connections must have the New York State Board of Underwriter's approval. Each lot shall be provided with an approved disconnecting device and overcurrent protection equipment. The minimum service to each lot shall be a connection for 120/240 volts, 100 amperes, 60 Hz A.C.
C. 
Fuel supply and storage. Provisions shall be made for facilities for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Specific requirements shall be as follows:
(1) 
Natural gas installations shall be planned and installed so that all components and workmanship comply with the requirements of the American Gas Association, Inc., and conform to the requirements, inspections and approval of the Rochester Gas and Electric Corporation.
(2) 
Fuel oil systems with either common or individual supplies shall be designed, constructed, inspected and maintained in conformance with the provisions of the National Fire Protection Association, Standard 30. All fuel oil storage tanks, whether provided as a bulk supply for a group of homes or on each individual lot, shall be landscaped and screened from public view.
(3) 
Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of the National Fire Protection Association, Standard 58.
D. 
Recreation areas. A mobile home park shall have one or more recreation areas which shall be easily accessible to all park residents. An outdoor recreation area shall contain at least 5,000 square feet. If there are over 30 lots, 200 square feet shall be provided for each lot. Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. The Planning Board may specify such conditions on the ownership, use, and maintenance of recreation areas as it deems necessary to assure their preservation for their intended purposes.
E. 
Community facilities. If a mobile home park is to include community facilities shall as meeting rooms, recreation buildings, laundry rooms, swimming pool, and central mail distribution, the site plan shall include details of these facilities and the applicant's statement of intent to provide adequate supervision and management of such facilities. All park facilities shall be landscaped with trees, shrubs, and grass and shall provide adequate paved off-street parking space.

§ 77-5 Mobile home lot facilities.

A. 
Parking areas and/or driveways: Two off-street parking spaces shall be provided for each lot. The parking spaces shall be constructed of concrete, bituminous asphalt or a minimum of six inches of compacted gravel. They may be grouped for each two mobile homes. Such grouping shall provide a parking area not less than 36 feet wide by 20 feet deep. A supplemental parking area shall be provided in each park for the storage or temporary parking of all auxiliary vehicles.
B. 
Mobile home stands:
(1) 
The area of the mobile home stand shall be improved to provide an adequate foundation as specified by the New York State Uniform Fire Prevention and Building Code for construction, installation, placement and tie-down of the mobile home.
(2) 
The mobile home stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.
(3) 
The mobile home stand shall be provided with support systems as specified by the New York State Uniform Fire Prevention and Building Code.

§ 77-6 Responsibilities of park owner.

A. 
The park owner shall maintain every roadway within a mobile home park in good repair and open at all times reasonably possible for travel by occupants of the park and fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal and ice control.
B. 
The park owner shall operate the park in compliance with this chapter and all other applicable laws and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.
C. 
The park owner shall make provisions for sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage, and refuse, Disposal shall be provided for all rubbish, trash, and garbage at least once weekly by the park owner.
D. 
The park owner shall notify park occupants of all applicable provisions of this chapter and inform them of their responsibilities thereunder.
E. 
The park owner or a delegated representative shall place or supervise the placement of each mobile home on its mobile home stand, including securing all tie-downs and installing all utility connections.
F. 
The park owner shall promptly notify the Town of changes in ownership or management of the park.
G. 
The park owner shall supply the Rush Town Clerk with a current copy of any rules and regulations of the park.

§ 77-7 Responsibilities of park occupants.

A. 
Each park occupant shall be responsible for the maintenance of his or her mobile home and any appurtenances thereto and shall keep his or her lot in a neat and sanitary condition and free of litter, rubbish and junk.
B. 
Each park occupant shall enclose the space beneath his or her mobile home with a securely fastened, noncombustible material within 30 days of occupancy. Materials used for skirting shall provide a finished exterior appearance and shall be similar in character to the material used in the mobile home.

§ 77-8 Enclosures or additions to mobile homes.

A. 
An enclosure or addition attached to the exterior of a mobile home must be compatible with the appearance of the mobile home, meet all appropriate codes and be securely fastened in place.
B. 
A building permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition or detached accessory structure, and the application therefor must show a detailed plan of the proposed construction, showing compliance with the terms of this chapter and Chapter 120, Zoning. The park owner must indicate his consent on the application.

§ 77-9 Sale of lots.

Any use by the park owner of any of the premises within the mobile home park other than as a mobile home park, including sale of mobile homes, or any sale of a mobile home space or lot or portion of a mobile home park, as shown on the plan of such park approved by the Planning Board, shall immediately invalidate the special permit for such park approved by the Planning Board.

§ 77-10 Inspection and enforcement.

A. 
This chapter shall be enforced by the Code Enforcement Officer and/or the Fire Marshal of the Town of Rush.
B. 
Said officers and their inspectors shall be authorized and have the right in the performance of their duties to enter any mobile home park and make such inspections as are necessary to determine satisfactory compliance with this chapter and regulations issued thereunder. Such entrance and inspection shall be accomplished at reasonable times, after prior notice to the park owner and, in emergencies, whenever necessary to protect the public interest. Owners, agents or operators of a mobile home park shall be responsible for providing access to all parts of the premises within their control to the enforcement officer or to his inspectors, acting in accordance with the provisions of this chapter.
C. 
Before occupancy of any mobile home, a certificate of occupancy must be obtained from the Code Enforcement Officer.

§ 77-11 Correction of violations.

A. 
Upon determination by the enforcement officer that there has been a violation of any provision of this chapter, he shall serve upon the owner or operator of such mobile home park an initial order, in writing and by registered or certified mail, directing that the conditions therein specified be corrected within such period of time after the date of delivery of such order as determined appropriate by the enforcement officer.
B. 
If after the expiration of such period, such violations are not corrected, the enforcement officer shall serve a notice, in writing, upon such mobile home park owner or operator, requiring the owner or operator to appear before the Planning Board of the Town of Rush at a time to be specified in such notice to show cause why the mobile home park special permit should not be revoked. Such hearing before the Planning Board shall occur not less than 48 hours, nor more than 10 days, after the date of service of said notice by the enforcement officer.
C. 
Within 10 days after the hearing at which the testimony and witnesses of the enforcement officer and the mobile home park owner shall be heard, the Planning Board shall makes determination in writing, sustaining, modifying or withdrawing the order issued by the enforcement officer, as directed by Subsection A of this section. Failure to abide by any Planning Board determination to sustain or modify the initial order of the enforcement officer and to take corrective action accordingly shall be cause for the revocation of the mobile home park special permit by such order and determination.

§ 77-12 Penalties for offenses.

[Amended 11-9-2005 by L.L. No. 2-2005]
Failure to comply with any provision of this chapter shall be deemed a violation, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishment by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.

§ 77-13 Construal of provisions.

This chapter shall be interpreted in such a way, wherever possible, that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect.