[HISTORY: Adopted by the Town Board of the Town of Gates 8-2-1982.
Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Park Ordinance of the
Town of Gates."
The purpose of this chapter is to promote the health, safety, morals
and general welfare of the inhabitants of the town through the regulation
of the location, planning, design, layout, construction and operation of mobile
home parks and mobile homes. A further purpose is to provide diversity in
housing choice and a greater opportunity for obtaining moderate-cost housing.
At the same time, the town does not desire large-scale development of such
parks so as to make other uses and particularly single-family homes appear
out of place. All mobile home parks commenced henceforth shall be in conformity
with this chapter.
A.
MOBILE HOME
(1)
(2)
(3)
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME STAND
PARK OCCUPANT
PARK OPERATOR
As used in this chapter, the following terms shall have
the meanings indicated:
A detached dwelling unit with any or all of the following characteristics:
Manufactured as a relocatable dwelling unit intended for year-round
occupancy and for installation on a site without a basement or permanent foundation.
Designed to be transported, after manufacture, on its own chassis and
connected to utilities after placement on a mobile home stand.
Any similar portable structure mounted or designed for mounting on wheels
and used or intended for use for dwelling purposes, except recreational or
camping-type trailers.
An area of land in a mobile home park clearly defined by markers
at each of its corners intended for the purpose of the placement thereon of
a mobile home and any permitted accessory structure incident thereto.
A tract of land of not less than five contiguous acres, under the
same ownership, with all necessary facilities and services in accordance with
a site development plan meeting all the requirements of this chapter and which
is intended for the express purpose of providing a satisfying living environment
for mobile home residences on a long-term occupancy basis of not less than
six months.
That part of a mobile home lot on which the mobile home is placed.
A person or persons living in a mobile home in a mobile home park.
The person or persons to whom a mobile home park license is issued.
No mobile home manufactured after January 15, 1974, shall be admitted
to any park unless it bears the seal issued by the State of New York and required
by the State Code for Construction and Installation of Mobile Homes, and/or
after June 15, 1976, a seal as issued by the United States Department of Housing
and Urban Development certifying that the mobile home unit complies with the
standards of the National Mobile Home Construction and Safety Standards Act
of 1974.
No mobile home park shall be located or maintained in any zoning district in the Town of Gates except a district zoned Multiple Residence MR, subject to the distance limitation of § 120-8G.
No mobile home park shall contain less than 20 units nor more than 60
units.
A.
Park roads.
(2)
At points where traffic enters or leaves the park, road
widths shall be sufficient to permit free movement to or from the public street,
and park entrance-exit roads shall be not less than 30 feet wide for a distance
of 50 feet from the pavement edge of the existing public street.
(3)
Park roads shall be furnished with adequate lighting
with style and location to be approved by the Planning Board.
(4)
Where feasible, all sewers and utilities shall be installed
underground outside of the paved portion of the roads.
(5)
Speed limits on all park roads shall not exceed 20 miles
per hour and shall be posted and enforced by the park operator.
B.
Sewage disposal and water supply. No mobile home park
or mobile home shall be permitted in the Town of Gates unless connected to
a public sewage disposal and public water supply system.
C.
Fire protection.
(1)
Fire hydrants shall be installed in accordance with the
requirements of the fire district in which the park is located, and the New
York State Uniform Fire Prevention and Building Code.[2]
[Amended 9-7-1999 by L.L.
No. 2-1999]
(2)
Mobile home parks shall be kept free of flammable materials,
rubbish and litter.
D.
Natural features. Mobile home park plans shall show existing
tree masses or trees six inches in diameter or more, hedgerows or other notable
existing natural features, such as streams or rock formations. Natural features
shall be retained as much as possible.
E.
Facilities and open space.
(1)
All mobile home parks established after the adoption
of this chapter shall set aside or otherwise provide not less than 5% of the
gross land area for recreational use by young children and/or separate areas
for active or passive enjoyment of older children and adults. Passive and/or
active recreational areas shall not be more than 1,000 feet from the furthest
mobile home unit.
(2)
If community facilities are to be included in the mobile
home park, the plan shall include details of such facilities, including proposed
landscaping and parking facilities.
F.
Buffers and screening.
(1)
A buffer area of not less than 25 feet along the extremities
of the park and adjacent property lines shall be provided exclusive of mobile
home sites.
(2)
The buffer area shall contain natural growth or screen
plantings or a combination thereof which shall be at least six feet high or
capable of rapidly growing to such height. The purpose of the buffer area
and screen plantings is to provide an aesthetically pleasing separation between
the park and adjacent uses. The Planning Board shall approve the type and
density of the screening so as to accomplish the stated purpose thereof.
(3)
Within the 15 feet furthest from the adjacent property
line, a variety of recreational facilities, such as sandboxes and swings,
may be maintained for the use and enjoyment of small children and toddlers.
G.
Distance limitation between parks. In furtherance of
one of the stated purposes of this chapter, no mobile home park shall be permitted
within a one-half-mile radius of another mobile home park.
A.
Lot area and lot width.
(1)
Mobile home lots in a mobile home park shall have an
average minimum of 5,500 square feet of land area; however, no lot shall have
less than 5,000 square feet of area. The average minimum shall be determined
by dividing the total number of lots in the park into the total land area
for such lots.
(2)
The minimum average width of mobile home lots in a park
shall be 48 feet at the required setback line; however, no lot shall have
a width of less than 43 feet.
B.
C.
Off-street parking spaces. Each mobile home lot shall
have two clearly defined parking spaces of not less than 10 feet in width
and 200 square feet in area for each such space. Additionally, each mobile
home park shall provide a visitor or guest parking area not more than 1,000
feet from the furthest unit to be served. Such parking area shall be paved.
The minimum number of parking spaces in such area shall be one space for every
two units in the park.
D.
Mobile home stand.
(1)
Before any mobile home is permitted on any mobile home
site, a mobile home stand shall be provided which will give a firm base and
adequate support for the mobile home. Such stand shall have a dimension approximating
the width and length of the home and any expansions or extensions thereto.
Well-anchored tie-downs, capable of sustaining a minimum tensile strength
of 2,000 pounds each, shall be provided at least on each corner of the stand.
Stands shall be constructed to the minimum requirements as shown in Table
2 annexed to and being a part of this chapter.[1]
[1]
Editor's Note: Table 2 is on file in the office of the Town Clerk
and may be examined there during regular office hours.
(2)
The stand area shall be graded to ensure adequate drainage.
E.
Patios and steps.
(1)
Each mobile home site shall be provided with a patio
with a minimum width of eight feet and a total area of at least 160 square
feet. The patio shall be constructed of durable materials, such as concrete
or patio blocks, and shall be so located as to give good access to the mobile
home. Specifications for patio construction shall be included in site plan
review.
(2)
Entrance steps as needed shall be installed at all doors
leading to the inside of the mobile home. Such steps shall be constructed
of materials intended for permanence, weather resistance and attractiveness
and shall be equipped with handrails which will provide adequate support for
users.
F.
Lot grading and vegetation.
(1)
Mobile home lots shall be so graded as to adequately
drain surface water off the lot.
(2)
The park operator shall provide or shall by rules and
regulation require the occupant to provide that all exposed ground area of
a mobile home lot shall be seeded with grass. Bushes or other vegetation may
also be planted. The park operator shall maintain or require that the occupant
shall maintain these areas in a neat and attractive condition.
G.
Auxiliary vehicles prohibited. No travel trailer, camper, boat or similar auxiliary vehicles shall be stored on any mobile home lot. Off-street parking spaces as required under § 120-9C of this chapter shall be used by passenger vehicles only. The park operator may provide a supplemental parking area for the storage or temporary parking of auxiliary vehicles.
H.
Accessory buildings. There shall be no exterior storage
of materials, toys or equipment. If outside storage is desired, the mobile
home park operator shall provide or shall require the occupant to provide
an accessory storage building. Such building shall not exceed 140 square feet
in size and shall be of a standard prefabricated product. The park operator
shall determine the location of the accessory building either at the time
that the park is developed or as each site is occupied. No accessory building
shall be placed on the front half of any mobile home site and the park operator
shall strive to maintain uniformity in the location of such buildings.
I.
Litter, refuse and garbage.
(1)
The park operator shall be responsible for keeping all
mobile home sites within the park in a neat condition, free of litter, rubbish,
refuse or any flammable materials. The park operator may impose this obligation
on the mobile home occupant; however, the ultimate responsibility is that
of the park operator.
(2)
The park operator shall provide or require the mobile
home occupant to provide garbage cans with tight-fitting covers adequate to
permit disposal of all garbage and rubbish. Such receptacles shall be kept
in a clean, sanitary condition. Garbage and rubbish shall be collected and
disposed of as may be necessary to ensure that garbage cans will not overflow,
but not less than once weekly. The park operator shall establish the location
of garbage cans on the site (location in the front half of the site being
prohibited) and shall specify minimal screening of such receptacles so as
to provide an aesthetically pleasant appearance.
(3)
If the park operator desires to provide community receptacles
for garbage and refuse, the location, screening, construction and number of
such receptacles shall be shown on the site plan and are subject to the approval
of the Planning Board.
(4)
The park operator shall be responsible for keeping common
park areas and parking facilities free of litter, rubbish or refuse.
A.
At the time of the installation of the mobile home on
the site, the tires and wheels and, if possible, the hitch shall be removed,
and the unit shall be securely blocked, leveled, tied down and connected to
the required utility systems and support services.
B.
Within 90 days from the date of the installation of a
mobile home on the site, the mobile home shall be completely skirted. Materials
used for skirting shall provide a finished exterior appearance, shall be of
similar character and appearance as the mobile home and shall be of nonflammable
material.
C.
Expandable rooms and other extensions to a mobile home
shall be of nonflammable materials and shall be installed in the same manner
as mobile home units and likewise skirted.
All fuel systems shall be installed and maintained in accordance with
all applicable codes and regulations governing such systems.
Mailbox location shall provide safe and easy access for the pickup and
delivery of mail.
A.
Where individual lot delivery is used, the park operator
shall establish rules and regulations regarding the uniform location of the
mailboxes, the type of support for the box and maintenance of the support
and the box. The object of such regulations is uniformity and aesthetically
pleasant appearance.
B.
When mailboxes are grouped together for some form of
cluster delivery, the stand shall be maintained by the park operator, and
the area where such groupings are located shall be landscaped so as to present
a pleasant appearance.
A.
The person to whom the license for a mobile home park
is issued shall be responsible for and operate the park in compliance with
this chapter and shall provide adequate supervision to maintain the park,
its common grounds, park roads, facilities and equipment in good repair and
in a clean and sanitary condition. Park roads shall be maintained and, as
required, such roads shall be plowed during the winter months so that access
to each of the sites and common parking areas shall be available.
B.
In addition to the above requirements, the park operator:
(1)
Shall notify park occupants of all applicable provisions
of this chapter and inform them of their responsibilities thereunder.
(2)
Shall place or supervise the placement of each mobile
home on its mobile home stand, which includes ensuring its stability by securing
all tie-downs and installing all utility connections.
(3)
Shall maintain a register containing the names of all
occupants and the make, year, seal and serial number, if any, of each mobile
home. Such register shall be available to the Building Inspector of the Town
of Gates and/or to such other enforcement officers as may be designated by
the Town Board.
(4)
Shall notify the enforcement officer at least two working
days prior to when a mobile home is removed, placed or relocated in a mobile
home park.
(5)
Shall not rent any mobile home lot for the placement
and use of a mobile home for residential purposes except for periods of not
less than six months.
C.
The holder of every license for a mobile home park shall
file with the town's Assessor a duly verified record of all mobile homes located
within the mobile home park on such date as may be established by the Assessor
for the tentative tax date, together with the date such mobile home first
was permitted to be located in said park and the make, model, year and size
of each of said mobile homes.
No new mobile home park and, where permitted, no expansion of an existing park shall be permitted except upon the issuance of a conditional use permit by the Town Board pursuant to Article XXXII of Chapter 190, Zoning. Any conditional use permit shall be subject to site plan review approval by the Planning Board pursuant to procedures therefor under Article XXXIII of Chapter 190, Zoning.
A.
This chapter shall apply to all mobile home parks in
the Town of Gates, except that it shall not impair or affect the lawful use
of property in any existing mobile home park or make illegal such use, provided
that such use was lawfully in existence as of the date of the adoption of
this chapter.
B.
Where permitted, no expansion of an existing mobile home
park shall be allowed except in conformance with this chapter.
A.
The Planning Board may issue a temporary permit for a
mobile home not located in a mobile home park upon proof by the applicant
of special necessity. "Special necessity" shall consist of circumstances where
a mobile home will serve as an interim dwelling when a permanent dwelling
has been damaged or destroyed beyond habitability and is to be repaired or
rebuilt by the applicant.
B.
No such interim permit shall be issued unless the applicant
demonstrates the following:
(1)
The mobile home shall be supplied with its own potable
water from a public source or a private source approved by the Monroe County
Health Department.
(2)
Sewage disposal via a public system or one approved by
the Monroe County Health Department.
(3)
A mobile home stand or foundation capable of maintaining
the mobile home in a stable position is provided.
(4)
All required setbacks are maintained.
C.
Any mobile home located in the Town of Gates pursuant
to this section shall be removed within six months from the date of the issuance
of a temporary permit or upon the completion of the rehabilitation of the
permanent residence, whichever shall first occur. Not more than two extensions
of three months each may be granted by the Planning Board.
D.
An application for a temporary permit shall be made in
the Building Department on forms provided by the Town of Gates. An application
fee as set from time to time by resolution of the Town Board shall be paid
with such application.
[Amended 9-7-1999 by L.L.
No. 2-1999]
A.
No newly established mobile home park or existing park
shall permit a mobile home to occupy any mobile home lot unless the park operator
shall have first secured a license for said park from the Town Clerk. The
Town Clerk shall not issue a license except in accordance with the following
requirements:
(1)
The park operator shall file an application for a mobile
home park license on application forms to be furnished by the Town of Gates.
(2)
For newly established parks, the applicant shall file
with the Town Clerk a copy of the final approved map for said park.
(3)
For any existing park presently licensed under the Trailer
Park Ordinance[1] of the Town of Gates, before the next annual renewal of said license,
the park operator shall file with the Town Clerk, along with the application
for renewal, a plan of the park prepared by an engineer or other qualified
person showing thereon the boundaries of the park; the boundaries of the lots
in said park; the location of the mobile home and other structure on each
lot, if any; the distance between the extremities of the mobile home or other
structure on each lot from those on adjoining lots; the number of lots in
said park; and any other data which will reflect the actual physical configuration
of the park including parking areas, roads and recreation areas, if any.
(4)
A copy of park rules and regulations, if any.
(5)
The payment of the mobile home park license fee as set
from time to time by resolution of the Town Board for each lot in said park.
[Amended 9-7-1999 by L.L.
No. 2-1999]
B.
All licenses shall expire on the 31st day of December
of each year.
C.
Renewal applications for mobile home park licenses shall
be filed with the Town Clerk not less than 30 days prior to the annual expiration
of such license.
D.
For any initial license, a proportionate adjustment in
the licensing fee shall be made for the balance of the year in which the license
is issued.
A.
This chapter shall be enforced by the Building Inspector
of the Town of Gates and/or such other official as may be designated by the
Town Board.
B.
Said officer and his representatives 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 compliance
with this chapter. Such entrance and inspection shall be accomplished at reasonable
times, and in emergencies, whenever necessary to protect the public interest.
The park operator shall be responsible for providing access to all parts of
the premises to the enforcement officer or his agents.
C.
The enforcement officer or his representative shall make
an inspection of each mobile home park as may be necessary, but at least once
each year, investigate all complaints made under this chapter and, upon detection
of any violation, in addition to any other penalties herein provided, serve
a written notice upon the park operator or his representative, as designated
on the license application, directing the park operator to correct the conditions
therein specified within not more than 30 days after the date of delivery
of such order. The order may also contain an outline of remedial action which,
if taken, will effect compliance.
(1)
Service of the order may be made personally upon the
park operator or such other person as may be designated on the license application
or by registered mail.
(2)
If such violation is not corrected within the period specified in the order or within any written extension of such time, the enforcement officer shall serve a notice in writing as provided in Subsection C(1) above requiring the park operator to appear before the Town Board at a time specified in such notice, to show cause at a hearing why the mobile home park license should not be revoked.
(3)
The Town Board shall hear all interested parties and
their witnesses. Within 20 days after the close of such hearing, the Town
Board shall make a determination, in writing, sustaining, modifying or withdrawing
the order issued by the enforcement officer. Failure to abide by any Town
Board determination shall be cause for the revocation of the mobile home park
license and an order that the park be closed and the removal therefrom of
any mobile home within a time specified in said order.
Where there are practical difficulties, unusual circumstances or unnecessary
hardship, the Planning Board may recommend and the Zoning Board may grant
variances from the provisions of this chapter, except that no variance shall
be granted from the requirements set forth below:
[Amended 9-7-1999 by L.L.
No. 2-1999]
In addition to any other sanctions provided in this chapter, any person
who shall violate any of the provisions of this chapter shall be guilty of
an offense and, upon conviction thereof, shall be fined not less than $50
nor more than $250 or shall be imprisoned for not more than 15 days, or both
such fine and imprisonment. The imposition of any penalty for any violation
of this chapter shall not excuse the violation or permit it to continue nor
shall it prevent the enforced removal of the conditions prohibited by any
appropriate legal action.
The trailer ordinance known as the "Tourist Camp and House Trailer Ordinance of the Town of Gates, Monroe County, New York," adopted July 30, 1943, and amendments thereto, being Chapter 41 of the Code of the Town of Gates, is hereby repealed with the provision that violations of said ordinance shall remain violations to the extent that the matters in violation do not conform to the provisions of this chapter.
