[HISTORY: Adopted by the Town Board of the Town of Collins 4-17-1995 by L.L. No.
1-1995; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. II). Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Mobile
Home and Trailer Law of the Town of Collins, New York."
As used in this chapter, unless the context or subject matter
otherwise requires, the following definitions shall apply:
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, April 1, 1993, transportable
in one or more sections, which in the traveling mode is eight feet
(2,438 mm) or more in width or 40 feet (12,192 mm) or more in length,
or, when erected on site, is 320 square feet (29.7 square meter) minimum,
constructed on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities
and includes the plumbing, heating, air conditioning and electrical
systems contained therein. The term "manufactured home" shall also
include any structure that meets all the requirements of this definition
except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the Federal Department
of Housing and Urban Development and complies with the standards established
under the national Manufactured Housing Construction and Safety Act
of 1974, as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode is eight feet (2,438 mm) or more in width
or 40 feet (12,192 mm) or more in length, or, when erected on site,
is 320 square feet (29.7 square meter) minimum, constructed on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities, and includes the plumbing,
heating, air conditioning and electrical systems contained therein.
The term "mobile home" shall not include travel trailers or any self-propelled
recreational vehicle.
A parcel of land which is planned and improved for the placement
of two or more mobile/manufactured homes which are used as dwellings
and for occupancy of more than 90 consecutive days.
Includes individuals, partnership, firm, company, corporation,
tenant, owner, lessee, or licensee, their agents, heirs, or assigns.
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.
A 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 mobile home.
Within the limits of the Town of the Collins, exclusive of the
area contained within the Village of Gowanda, no person shall park
any mobile home or travel trailer on any highway or other public place
between the hours of 9:00 p.m. and 6:00 a.m. Emergency or temporary
parking shall not be construed as a violation of this chapter, but
shall be subject to any restriction imposed by law, ordinance or parking
regulation. The parking of travel trailers for storage on private
property as long as the travel trailers are not used or occupied for
longer than a fourteen-day period shall be permitted in the Town of
Collins, outside the Village of Gowanda, but shall be subject to any
other restriction imposed by law, ordinance or parking regulation.
A.Â
No additional mobile homes shall be located in the Town of Collins,
outside the corporate limits of the Village of Gowanda, on any private
property other than a mobile home park.
B.Â
Revocation; preexisting mobile home. Upon the removal of any preexisting
mobile home, the new dwelling must comply with all provisions of the
Code of the Town of Collins.
A.Â
Mobile home park license. It shall be unlawful for any person to
establish, maintain, operate, or permit to be established, maintained
or operated upon any property owned or controlled by him or her, a
mobile home park within the limits of the Town of Collins, outside
the corporate limits of the Village of Gowanda, without having first
secured a license therefor in compliance with the terms of this chapter.
Such license shall expire on January 1 following the date of the issuance,
but may be renewed subject to the provisions of this chapter for additional
periods of one year.
B.Â
Trailer camp license. It shall be unlawful for any person to establish,
maintain or operate, or permit to be established, maintained or operated,
upon any property owned or controlled by him or her, a trailer camp
within the limits of the Town of Collins, outside the corporate limits
of the Village of Gowanda, without having first secured a license
therefor in compliance with the terms of this chapter. Such license
shall expire on January 1 following the date of issuance, but may
be renewed subject to the provisions of this chapter for additional
periods of one year.
C.Â
Application procedure for mobile home park and trailer camp license.
The application for a license or for the renewal thereof shall be
filed with the Town Clerk, and shall be accompanied by the appropriate
fee as hereinafter provided. Such application shall:
(1)Â
Be in writing and verified by the applicant;
(2)Â
State the name address of the applicant;
(3)Â
State the nature and extent of his or her interest in the proposed
mobile home park or trailer camp, and whether he or she is the owner
of the property;
(4)Â
If the applicant is not the owner of the real property for which
a license is desired, be accompanied by a duly verified statement
of the owner of the real property that the applicant is authorized
by him or her to construct or maintain the mobile home park or trailer
camp, and to make the application therefor;
(5)Â
Contain the location and legal description of the premises and the
proposed number of trailer or mobile home spaces;
(6)Â
Such other information as may be required to assist in the determination
of compliance with this chapter.
D.Â
Approval procedure for license for mobile home parks and trailer
camps.
(1)Â
The Town Clerk shall submit the application and plans to the Town
Board after:
(2)Â
After receiving the above, the Town Board shall cause an inspection
of the premises of the proposed mobile home park or trailer camp site
to be made and after receiving a report on the inspection shall either
approve or disapprove the application.
(3)Â
If the application is disapproved by the Town Board, such application
shall be endorsed accordingly, together with the reason or reasons
for such disapproval. Any person deeming himself or herself aggrieved
by this action of the Town Board may institute a proceeding under
Article 78 of the Civil Practice Law and Rules for a review of such
action.
E.Â
License fee for mobile home parks or trailer camps. The application
for a license, or renewal thereof, for a mobile home park or a trailer
camp shall be filed with the Town Clerk and shall be accompanied by
a fee as set from time to time by the Town Board.
F.Â
Exceptions. The provisions of this section shall not apply to mobile
home parks or trailer camps in operation prior to the adoption of
the ordinance from which this chapter is derived except that the operator
thereof shall be subject to the license provision and the annual renewal
thereof as herein provided.
A.Â
The Town Board may, after notice and proper hearing, revoke or suspend
any permit or license issued pursuant to the terms of this chapter
for a violation of any of the provisions hereof.
B.Â
Upon the revocation of any such permits or license, the premises
shall forthwith cease to be used for the purpose for which the license
or permit was issued, and all mobile homes or travel trailers shall
be removed therefrom.
C.Â
Upon the revocation of any such permit or lease, any mobile home
or travel trailer covered thereby may not be relocated in the Town
of Collins, outside the corporate limits of the Village of Gowanda,
except in compliance with all the provisions of this chapter.
No permanent additions of any kind shall be built onto or become
a part of any mobile home or travel trailer in a mobile home park
or trailer park.
A.Â
Skirting of mobile homes is permissible, but such skirting shall
not be permanently attached to the mobile home in such a way that
it permanently attaches the mobile home to the ground.
B.Â
Jacks or stabilizers may be placed under the frame of any mobile
or manufactured home to prevent movement on the springs while the
mobile home is parked and occupied.
C.Â
Entranceway. A temporary entrance may be constructed to protect the
mobile or manufactured home from winter weather.
