This chapter shall be known as the "Manufactured Home and Trailer Ordinance
of the Town of Athens."
The purpose of this chapter is to promote the health, safety, morals
and general welfare of the community, including the protection and preservation
of the property of the Town of Athens and of its inhabitants, by establishing
specific requirements and regulations governing the occupancy and maintenance
of manufactured homes, manufactured home parks, travel trailers and trailer
camps.
For the purposes of this chapter, the following words, terms and phrases
shall have the meaning ascribed to them in this section:
MANUFACTURED HOME
A structure, transportable in one or more sections, which in the
traveling mode is eight body feet or more in length or, when erected on site,
is 320 or more square feet and which is built on a permanent chassis and designed
to be used as a dwelling, with or without a permanent foundation, when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. It shall include what was formerly
defined as "dwelling, mobile home."
MANUFACTURED HOME LOT
A designated site of specific total land area which is located within
a manufactured home park for the accommodation of one manufactured home and
its occupants.
MANUFACTURED HOME PARK
Any parcel of land which is planned and improved for the placement
of two or more manufactured homes which are used as dwellings and for occupancy
of more than 90 consecutive days.
MANUFACTURED HOME STAND
A durable surface located on a manufactured home lot which is to
be used for the placement of and is capable of supporting a manufactured home.
TRAILER CAMP
Any parcel of land which is planned and improved for the placement
of two or more travel trailers which are used as temporary living quarters
and for occupancy of not more than 90 consecutive days.
TRAVEL TRAILER
Any portable vehicle which is designed to be transported on its own
wheels, which is designed and intended to be used for temporary living quarters
for travel, recreational or vacation purposes and which may or may not include
one or all of the accommodations and facilities included in a manufactured
home.
Any person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Athens, shall not use or allow
the use of such land for a manufactured home park or trailer camp unless a
permit has been obtained as herein provided.
A. Issuance of permit.
(1) The Town Clerk of the Town of Athens shall issue a permit
to be effective from the day of issuance to and including December 31 of that
same year.
(2) This permit will not be issued until the Town Clerk has
received:
(a) A written application from the applicant.
(b) The required fee as herein provided.
(c) Approval of the application by the New York State Department
of Health district office.
(d) Approval by the town officer having jurisdiction.
(e) A mandatory recommendation from the Planning Board.
(f) A resolution from the Town Board approving issuance of
the permit.
(3) This permit shall not be transferable or assignable.
B. Supplemental permit.
(1) Any person holding a permit for a manufactured home park
or trailer camp and desiring to add additional lots to such park or camp shall
file an application for a supplemental permit.
(2) The application for such supplemental permit must be accompanied by two complete sets of plans and specifications as required by §
125-6 of this chapter. The application for a supplemental permit shall be filed and handled according to the procedure established in this section.
(3) When approved and upon the receipt of the required fee,
the Town Clerk shall issue a supplemental permit which will be effective from
the date of issuance to and including December 31 of the same year.
C. Permit renewal.
(1) An application for the renewal of any manufactured home
park or trailer camp permit which was issued in accordance with the provisions
of this chapter must be filed with the Town Clerk on or before December 1
preceding the expiration of the permit.
(2) The renewal application shall not be accompanied by a
plan of the park or camp unless changes have been made to it, nor is it necessary
that the application be accompanied by a copy of the lease unless a new lease
has been entered into subsequent to the time of filing the previous application.
(3) Upon the approval of the Code Enforcement Officer or
officers having jurisdiction and by resolution of the Town Board, the Town
Clerk shall issue a renewal permit to be effective upon the expiration of
the previous permit and continue in force for a period of one year.
(4) At the time the renewal permit is issued, the applicant
shall pay the required fee.
(5) Such renewal permit shall not be transferable or assignable.
D. Permit fees. The applicant for a permit or supplemental
permit shall pay the Town Clerk a fee as set from time to time by the Town
Board by resolution.
Each application shall be accompanied by three complete sets of plans
which are prepared by a surveyor or engineer and shall bear the seal of a
duly licensed professional engineer. The plans shall be drawn to a scale of
20, 40 or 50 feet to one inch, shall include the date, North point and scale
and shall furnish the following information:
A. Legal data.
(1) The name and address of the applicant or the name and
address of each partner, if the applicant is a partnership, or the name and
address of each officer and director, if the applicant is an association or
corporation.
(2) The location and description of the land that is proposed
to be used as a manufactured home park or trailer camp.
(3) The number of lots to be provided in such park or camp.
B. Physical features.
(1) Contours at two-foot intervals.
(2) Location of watercourses, marshes and areas subject to
flooding.
C. Existing development.
(1) A location map which shows all land within 300 feet of
the proposed park or camp and all structures on the land which abuts the proposed
park or camp.
(2) The location, names and widths of all adjacent streets.
(3) The location of all waterlines and utilities within and
adjacent to the proposed site.
D. Proposed development.
(1) The location and widths of all entrances, exits, streets
and walkways.
(2) The location, size and arrangement of each lot within
the park.
(3) The method and plan for electric lighting.
(4) The location and plan of all proposed structures and
improvements.
(5) Any proposed grading and plans for landscaping.
(6) Any proposed stormwater drainage.
(8) Any public improvements proposed by the town in or adjoining
the proposed park.
The Code Enforcement Officer of the Town of Athens or other officers
having jurisdiction by resolution of the Town Board shall enforce all of the
provisions of this chapter. Such Code Enforcement Officer shall have the right,
at all times, to enter and inspect any manufactured home park, trailer camp
and other premises used for the parking or placement of a manufactured home
or travel trailer.
Any person, partnership, association or corporation who or which violates
any provision of this chapter shall be guilty of an offense against this chapter
and subject to a fine of not more than $250 or to imprisonment for a period
of not more than 15 days, or both such fine and imprisonment. When a violation
of any of the provisions of this chapter is continuous, each week or portion
thereof shall constitute a separate and distinct violation.
None of the provisions of this chapter shall be applicable to the following:
A. The business of manufactured home or travel trailer sales,
except that where units are used as living quarters, they shall conform to
the provisions of this chapter.
B. The storage or garaging of manufactured homes or travel
trailers not being used for living or sleeping purposes within a building
or structure or the storage of one unoccupied manufactured home or travel
trailer on premises occupied as the principal residence by the owner of such
manufactured home or travel trailer; provided, however, that such unoccupied
manufactured home or travel trailer shall not be parked or located between
the street line and the front building line of such premises.
C. A manufactured home or travel trailer located on the
site of a construction project, survey project or other similar work project
and which is used solely as a field office or work or tool house in connection
with such project, provided that such manufactured home or travel trailer
is removed from such site within 30 days after the completion of such project.
D. A modular home consisting of two or more large sections
which is not build on a permanent chassis.
This chapter shall take effect 10 days after posting and publication
thereof and immediately as against any person who is personally served with
a certified copy thereof in accordance with the Town Law of the State of New
York.