[HISTORY: Adopted by the Town Board of the
Town of New Berlin 9-17-1990 by L.L. No. 4-1990.[1] Amended in its entirety 10-10-2007 by L.L. No. 1-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 91.
Sanitation — See Ch. 115.
Subdivision of land — See Ch. 135.
Storage of vehicles — See Ch. 146.
[1]
Editor's Note: This local law superseded L.L.
No. 2-1987, Mobile Homes, Trailer Parks, adopted 10-8-1987.
This chapter shall be known as the "Local Law
for the Regulation of Manufactured Homes located in the Town of New
Berlin, Chenango County, New York."
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 New
Berlin and of its inhabitants by establishing specific requirements
and regulations governing the occupancy and maintenance of manufactured
homes.
For the purpose of this chapter, the following
words, terms and phrases shall have the meanings ascribed to them
in this section:
A structure transportable in one or more sections
that, 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 (29.7m2) minimum, and
that was built on or after June 15, 1976, 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.
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.
Any parcel of land which is planned and improved for the
placement of two or more manufactured homes which are used as dwellings.
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.
Any parcel of land for the placement of a single manufactured
home and the exclusive use of its occupants.
A durable surface located on a manufactured home lot, whether
a park lot or a private lot, which is to be used for the placement
and capable of supporting a manufactured home.
Manufactured housing, built prior to June 15, 1976, built
on a chassis, whether or not wheels, axles, hitch or other appurtenances
of mobility are removed and regardless of the nature of the foundations
provided. "Mobile home" shall not be construed to be a RV or other
form of recreational vehicle or modular home.
A structure transportable in one or more sections that has
been constructed off site with the intention to be reconstructed on
a permanent site. (Included are manufactured homes, modular homes,
etc.).
Any portable vehicle which is 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 parcel of land which is planned and improved for the
placement of two or more RVs which are used as temporary living quarters
and for occupancy of not more than 120 consecutive days.
A.
Any persons, partnership, association or corporation,
being the owner or occupant of any land within the Town of New Berlin,
shall not use or allow the use of such land for a manufactured home
park or RV park unless a permit has been obtained as herein provided.
B.
Issuance of permit.
(1)
The Town Clerk of the Town of New Berlin shall issue
a permit to be effective from the day of issuance to and including
December 31 of that 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 Chenango
County Department of Public Health for any application received after
January 1, 1988, and/or a permit to operate from the New York State
Department of Health where required by New York law.
(d)
An inspection report from the Town Code Enforcement
Officer.
(e)
A resolution from the Town Planning Board approving
issuance of a permit.
(3)
This permit shall not be transferable or assignable.
C.
Supplemental permit.
(1)
Any person holding a permit for a manufactured home
park or RV park and desiring to add additional lots to such park shall
file an application for a supplemental permit.
(3)
When approved and upon 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.
D.
Permit renewal.
(1)
An application for the renewal of any manufactured
home park or RV park 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)
Upon the inspection of the Town Code Enforcement Officer
and by resolution of the Town Planning 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.
(3)
At the time the renewal permit is issued, the applicant
shall pay the fees as set forth from time to time by resolution by
the Town Board.
(4)
Such renewal permit shall not be transferable or assignable.
F.
Existing manufactured home parks, RV parks and manufactured
homes.
(1)
A manufactured home park or RV park which is presently
in existence may continue in existence, provided that it complies
completely with any applicable requirements of the Chenango County
Department of Public Health, New York State Fire Prevention and Building
Code, the New York State Department of Health and this code. The owner
of said manufactured home park or RV park must complete an application
form and file it with the Town Clerk within 30 days of the effective
date of this chapter. Said filed application form will constitute
a permit.
(2)
Any additions, extensions or supplements to a manufactured
home park or RV park in existence prior to the enactment of this chapter
must be made pursuant to this chapter.
A.
Each application for a manufactured home park or RV
park shall be in writing and signed by the applicant.
B.
The application and related information shall be filed
with the Town Clerk in triplicate.
C.
The Town Clerk shall transmit one copy of the application
to the Town Code Enforcement Officer.
D.
The Town Code Enforcement Officer shall check the
application for compliance with the minimum requirements as established
by the rules and regulations of the New York State Department of Health,
the New York State Uniform Fire Prevention and Building Code, the
Town of New Berlin and the Sanitary Code of the State of New York.
The Town Code Enforcement Officer shall, after such investigation,
transmit the application to the Town Planning Board, together with
his written findings, as to whether the application satisfies or does
not meet the minimum health and sanitary standards within 30 days
after the date of filing the application with the Town Clerk.
E.
Upon receipt of the application from the Town Clerk,
the Town Code Enforcement Officer shall review the general arrangement
of the manufactured home park or RV park. This shall include a review
of location and width of streets; the location, size and arrangement
of lots; the location of other structures within the park; the location
of entrance(s) and exit(s); and the location, type and extent of landscaping
and screening materials. The Town Code Enforcement Officer shall transmit
the application back to the Town Planning Board, together with his
written findings, within 30 days of receipt of the application.
F.
The Town Planning Board shall review the findings
of the Town Code Enforcement Officer and by resolution indicate its
approval or disapproval of the application within 60 days of the date
of filing the application with the Town Clerk. The application shall
be returned to the Town Clerk and the applicant notified, in writing,
within five days by the Town Clerk of the Town Planning Board's decision.
G.
In the event that an application is disapproved, an
applicant may appeal the Planning Board decision by filing written
objections to the Planning Board decision within 30 days of the date
of the decision with the Town Clerk. The Town Board will then review
the application and objections at the next scheduled Board meeting,
when the Town Board may uphold or overturn the decision or remand
the application back to the Planning Board for further consideration.
Each application shall be accompanied by three
complete sets of plans which are prepared by a surveyor, engineer
or other qualified person licensed by the State of New York to prepare
such plans in New York State. 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 RV park.
(3)
The number of lots to be provided in such park.
(4)
A certified or photostatic copy of the deed to the
land which indicates that the applicant is the owner of such land
or a lease or other document showing that he is entitled to use and
occupancy of the property.
C.
Surrounding development.
D.
Proposed development.
(1)
The location and widths of all entrances, exits, streets
and walkways.
(2)
The location, names and widths of all adjacent streets.
(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.
(7)
Any proposed utilities.
(8)
Any public improvements proposed by the Town in or
adjoining the proposed park.
A.
Site.
(1)
The park shall be located in an area where grades
and soil conditions are suitable for use as manufactured home sites.
(2)
The park shall be located on a well-drained site which
is properly graded to ensure rapid drainage and that the site will
be free at all times from stagnant pools of water.
(3)
The park shall be free from heavy or dense growth
of brush and woods.
B.
Manufactured home park lot.
(1)
Each manufactured home park shall be marked off into
manufactured home park lots, and each lot shall be separately numbered.
(2)
The total number of manufactured home park lots in
a manufactured home park shall not exceed six per gross acre.
(3)
Each manufactured home park lot shall have a total
area of not less than 6,000 square feet, with a minimum dimension
of 60 feet.
C.
Manufactured home.
(1)
Any manufactured home shall not be parked or otherwise
located nearer than a distance of:
(2)
Only one manufactured home shall be permitted to occupy
any one manufactured home park lot.
(3)
No manufactured home park in the Town of New Berlin
shall exceed 100 manufactured home park lots or spaces.
(4)
Each manufactured home park lot shall provide a hard
surface off-street parking bay of at least 400 square feet.
(5)
No manufactured home shall be permitted to occupy
a manufactured home park lot unless the manufactured home contains
at least 500 square feet of habitable area and is of such construction
and/or appearance so as not to be a nuisance and/or hazard to its
occupants or to others.
(6)
Any manufactured home built after January 15, 1974,
that does not meet the state code for construction and installation
of manufactured homes (9 NYCRR) shall not be installed in a manufactured
home park. No manufactured homes built before January 15, 1974, may
be installed in a manufactured home park.
(7)
Any manufactured home built after June 15, 1976, that
does not meet the United States Department of Housing and Urban Development
Mobile Home Construction and Safety Standard (CFR, Title 24, Part
280) shall not be installed in a manufactured home park.
D.
Manufactured home foundation.
(1)
Each manufactured home without a basement shall be
placed on a concrete pad as described herein or other substitute foundation
as may be approved by the Town Code Enforcement Officer. In all cases,
foundations must meet at least the minimum requirements set forth
by the manufacturer of the manufactured home.
(2)
The concrete pad shall be of coarse aggregate with
metal reinforcement and vapor barrier with a minimum thickness of
six inches, which shall be constructed to provide adequate support
for the placement and anchoring of the manufactured home in accordance
with generally accepted standards. The pad shall not heave, shift
or settle unevenly under the weight of the manufactured home due to
frost action, inadequate drainage, vibration, wind or other forces
acting on the structure. The pad shall inhibit the ponding of water
under and around the home. A sketch plan illustrating the construction
requirements of the concrete pad will be available from the Code Enforcement
Officer. Said sketch plan is incorporated into this chapter by reference
as if set out fully herein.
(3)
Each manufactured home shall be secured to the concrete
pad or other approved foundation in such a way as to secure the manufactured
home against uplift, sliding, rotation and overturning. The manufactured
home shall be secured to meet minimum state and local laws or manufacturer's
recommendations whichever are more stringent.
E.
Accessibility.
(1)
Each manufactured home park shall be easily accessible
from an existing public highway or street.
(2)
A manufactured home park shall have an internal street
system adequate for access to each manufactured home lot with the
following provisions:
(a)
All parks shall have access from two points
along a street, road or highway; or, if bordering on two streets,
roads or highways, or a combination thereof, one point of access may
be provided from each street. Each access road must have at least
a fifty-foot frontage on a public street, road or highway.
(b)
Access points shall be separated by at least
150 feet.
(c)
The surfaces of all internal streets shall be
paved with asphalt, concrete or gravel as recommended by the Town
Highway Superintendent and shall be kept in good repair.
(d)
All entrances and exits to the park from public
roads and all internal streets shall intersect at right angles.
(e)
Streets shall be a thirty-foot right-of-way
with at least 18 feet of road surface.
(f)
If dead-end streets are contained in the plan,
a turning diameter of at least 60 feet of road surface shall be provided.
No dead-end streets shall serve more than 12 manufactured homes on
one side and shall be limited in length to 1,000 feet. A "no outlet"
or "dead end" sign shall appear at the entrance.
(g)
Two off-street parking spaces shall be provided
for each manufactured home, with one additional space for each four
manufactured homes. Every parking space shall be at least 10 feet
in width and 20 feet in length and have adequate provision for maneuvering
and for passage to and from streets.
F.
Utilities and service facilities.
(1)
(1) The following utilities and service facilities
shall be provided in each manufactured home park which shall be in
accordance with any applicable regulations and requirements of the
Chenango County Department of Health, the New York State Department
of Health, the New York State Fire Prevention and Building Code and
the Sanitary Code of New York State.
(a)
An adequate supply of potable water for drinking
and domestic purposes shall be supplied by pipes to all manufactured
home park lots and buildings within the park to meet the requirements
of the park. Each manufactured home park lot shall be provided with
proper water connections. It shall be the responsibility of the manufactured
home park owner to perform water tests and to provide the results
of the same to the Town Code Enforcement Officer at least once every
six months or more often if indicated.
(b)
Each manufactured home park lot shall be provided
with a sewer which shall be connected to the manufactured home situated
on the lot to receive the waste from the shower, tub, flush toilets,
lavatory and kitchen sink in such home. The sewer shall be connected
to a public or private sewer system so as not to present a health
hazard. Sewer connections in unoccupied lots shall be so sealed to
prevent the emission of any odors and the creation of breeding places
for insects.
(c)
Garbage cans with tight-fitting covers shall
be provided and maintained by each manufactured home occupant to permit
the disposal of all garbage and rubbish. The cans shall be kept in
sanitary condition at all times. Garbage and rubbish shall be collected
and disposed of as frequently as may be necessary to ensure that such
cans shall not overflow.
(2)
Each manufactured home park shall be provided with
weatherproof electric service connections and outlets which are a
type approved by the National Electric Code.
H.
Miscellaneous requirements.
(1)
Lawn and ground cover shall be provided on those areas
not used for the placement of manufactured homes and other buildings,
walkways and roads.
(2)
Planting shall be provided to the extent needed in
order to provide for the screening of objectionable views, adequate
shade and suitable settings for the manufactured homes and other facilities.
(a)
Screen planting shall be provided to screen
objectionable views. Views which shall be screened include laundry
facilities, other nonresidential uses, garbage storage and collection
areas and all abutting yards of adjacent dwellings within 50 feet.
(b)
Other planting shall be provided along those
areas within the park which front upon existing public highways and
streets to reduce glare and provide pleasant outlooks for the living
units.
(c)
The park owner is responsible for maintenance.
(3)
Lighting. Streetlighting shall be provided at all
entrances and exits to the manufactured home park and on all internal
streets, intersections, walkways and common areas. Such lighting shall
provide an illuminator of six candles to those areas.
(4)
Walkways. To reduce vehicular traffic hazards to pedestrians,
sidewalks shall be provided for manufactured home spaces to service
buildings.
(5)
Tenant storage. Adequate tenant storage shall be provided
on the lot or in compounds located within a reasonable distance, generally
not more than 100 feet from each stand. Storage facilities shall be
designed in a manner that will enhance the appearance of the park
and shall be constructed of suitable weatherproof materials.
(6)
Advertising signs.
(a)
Only one sign shall be permitted for each 500
feet of street frontage of the lot or major part thereof.
(b)
No sign shall exceed a total sign area of 20
square feet. Signs may be illuminated only by indirect lighting.
(c)
No sign shall be permitted to be erected within
50 feet of a residential use, within 25 feet of any adjoining property
line, nor project into any public highway right-of-way.
(7)
Community building. A centrally located community
and service building shall be provided in those manufactured home
parks proposed to contain 25 manufactured homes or more. Such facility
should contain laundry facilities, public telephones, recreational
facilities, meeting rooms and rest rooms.
(8)
Foundation and skirting. Every manufactured home located
in the manufactured home park shall be placed on a permanent foundation
and have skirting which shall enclose at least 80% of the perimeter
of the manufactured home and any additions thereto.
I.
Recording.
(1)
The owner or operator of each manufactured home park
shall keep a written record of all persons occupying or using the
facilities of such park. This record shall be available for a period
of at least one year from the date of occupancy.
J.
Supervision. It shall be the responsibility of the
owner of the manufactured home park to see that all facilities are
kept in good working order and in good repair. This includes water
supply facilities, sewage treatment and disposal facilities, grounds,
roadways and any other facility, appliances or equipment pertinent
to the normal operation of the manufactured home park. It shall be
the responsibility of the owner to provide for maintenance of and
snow and ice removal from all park roadways and access roads that
have not been accepted by the Town as Town roads.
C.
RV.
(1)
Any RV shall not be parked or otherwise located nearer
than a distance of:
(a)
At least 20 feet from an adjacent RV in any
direction.
(b)
At least 10 feet from an adjacent property line.
(c)
The provision found in § 105-7C(1)(c) shall apply.
(d)
The provision found in § 105-7C(1)(d) shall apply.
(2)
Only one RV shall be permitted to occupy any one RV
lot.
D.
RV stand.
(1)
Each RV lot shall have a RV stand which will provide
for the practical placement on and removal from the lot of the RV
and the retention of the RV on the lot in a stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions
of the anticipated RV.
(3)
The stand shall be constructed of an appropriate material
which is durable, compact and adequate for the support of the maximum
anticipated loads.
(4)
The stand shall be suitably graded to permit rapid
surface drainage.
F.
Utilities and service facilities.
(1)
The following utilities and service facilities shall
be provided in each RV park which shall be in accordance with any
applicable regulations and requirements of the Chenango County Department
of Public Health, the New York State Department of Health, the New
York State Fire Prevention and Building Code and Sanitary Code of
New York State.
(a)
Each RV park which provides for RVs having all the facilities of a manufactured home, as defined in § 105-3 of this chapter, shall provide the required facilities indicated in § 105-7F(1)(a) and (b).
(b)
Each RV park, which provided for RVs not equipped with the facilities in a manufactured home, as defined in § 105-3 of this chapter, shall provide the following facilities:
[1]
An adequate supply of potable water for drinking
and domestic purposes shall be provided within 250 feet of all campsites.
One water spigot with soakage pit or other disposal facilities shall
be provided for each 10 campsites without water facilities capable
of providing a minimum of 150 gallons of water per day at a minimum
pressure of 20 pounds per square inch. Where spigots and sewer hookups
are provided at each site, a minimum volume of 100 gallons of water
per site per day at a minimum pressure of 20 pounds per square inch
shall be provided.
[2]
Toilet and other necessary sanitary facilities
for males and females shall be provided in permanent structures. Such
facilities shall be housed in either separate buildings or in the
same building. In the latter case, such facilities shall be separated
by soundproof walls. The male and female facilities shall be marked
with appropriate signs and have separate entrances for each.
[3]
Such toilet and other sanitary facilities shall
be provided in the following manner:
[a]
Male facilities shall consist of not less than
one flush toilet for every 10 RVs; one urinal for every 10 RVs; one
lavatory for every 10 trailers; one shower with an adjoining dress
compartment of at least 16 square feet for every 15 RVs.
[b]
Female facilities shall consist of not less
than one flush toilet for every 10 RVs; one lavatory for every 10
RVs; one shower with an adjoining dress compartment of at least 16
square feet for every 15 RVs.
[4]
Lavatory and shower facilities shall be supplied
with hot and cold running water.
[5]
The buildings housing such toilet and sanitary
facilities shall be well-lighted at all times of the day and night;
shall be well-ventilated with screened openings; shall be constructed
of moisture-proof material; shall be well-heated; and shall be clean
and sanitarily maintained at all times. The floors of such buildings
shall be of a water impervious material.
[6]
Such buildings shall not be located nearer than
20 feet nor further than 300 feet from any RV.
(2)
The provisions found in § 105-7F(1)(c) shall apply.
(3)
Waste from all buildings and RV lots shall be discharged
into an approved public or private sewer system in such a manner so
as not to present a health hazard.
I.
Recording.
(1)
The owner or operator of each RV park shall keep a
written record of all persons occupying or using the facilities of
such park. This record shall be available for a period of at least
one year from date of occupancy.
(2)
The record shall include:
(a)
The name and address of the occupant of each
RV.
(b)
The name and address of the owner of each RV
which is not occupied by such owner.
(c)
The state in which RV is registered and the
registration number.
(d)
The name and address of the owner of the automobile
or other vehicle which propelled the RV.
(e)
The state in which the automobile is registered
and the registration number.
J.
Supervision. It shall be the responsibility of the
owner of the RV park to see that all facilities are kept in good working
order and in good repair. This includes water supply facilities, sewage
treatment and disposal facilities, grounds, roadways and any other
facility, appliances or equipment pertinent to the normal operation
of the RV park. It shall be the responsibility of the owner to provide
for maintenance of and snow and ice removal from all park roadways
and access roads that have not been accepted by the Town as Town roads.
A.
B.
Manufactured home park. When the parcel of land is divided for manufactured home park and RV park uses, the provision contained in § 105-7 of this chapter shall apply to that portion of land to be used as a manufactured home park, except as herein provided.
C.
RV park. When the parcel of land is divided for manufactured home park and RV park uses, the provisions of § 105-8 of this chapter shall apply to that portion of the land to be used for a RV park except as herein provided.
D.
Additional requirements.
(1)
The parcel of land which is provided for both a manufactured
home park and RV park shall be at least five acres in size.
(2)
Where practicable, that portion of the land to be
used as a RV park shall be located adjacent to a public highway or
street.
(3)
The RV park and manufactured home park shall be physically
separated by a parcel of land of at least 15 feet in width along all
areas where the RV park abuts the manufactured home park. Such parcel
of land shall be properly landscaped with appropriate planting materials
so that the view of such RV park from the manufactured home park is
adequately screened and maintained.
(4)
Where practicable, the RV park and the manufactured
home park shall each have separate points of entry and exit. Where
the parcel of land fronts on two or more existing public highways
or streets, the RV park shall be located adjacent to the public highway
or street that is most heavily traveled.
A.
No manufactured home shall hereafter be parked or
otherwise placed within the Town of New Berlin and outside a permitted
manufactured home park except on a manufactured home private lot or
commercial manufactured home sales lot or by special variance by the
Town Planning Board.
B.
Manufactured home permit.
(1)
The applicant for a manufactured home private lot
must file an application with the Town Clerk.
(2)
Each application for a manufactured home permit shall
be in writing and signed by the applicant. This application must state
and be accompanied by the following:
(a)
The name and address of the applicant.
(b)
The location and description of the land.
(c)
A plan drawn to scale of not smaller than one
inch equals 20 feet. This plan must show the boundaries of the land,
the location of the manufactured home on the land, the location and
design of proposed water supply and sewage disposal systems and the
location of adjacent properties and structures.
(d)
A certified or photostatic copy of the deed
to the land which indicates that the applicant is the owner of such
land or a lease or other document showing he is entitled to use and
occupancy of the property.
(e)
An initial permit fee as set forth from time
to time by resolution by the Town Board.
(3)
The Town Clerk shall transmit the application to the
Town Code Enforcement Officer. Upon receipt, the Town Code Enforcement
Officer shall review the application's compliance with the provisions
of this chapter and any applicable requirements of the Chenango County
Department of Public Health, the New York State Fire Prevention and
Building Code and the New York State Department of Health. The Town
Code Enforcement Officer shall then transmit the application along
with his written findings to the Town Planning Board.
(4)
The Town Planning Board shall review the application
and the findings of the Town Code Enforcement Officer and by resolution
indicate its approval or disapproval.
(5)
In the event that an application is disapproved, an
applicant may appeal the Planning Board decision by filing written
objections to the Planning Board decision within 30 days of the date
of the decision with the Town Clerk. The Town Board will then review
the application and objections at the next scheduled Board meeting,
when the Town Board may uphold or overturn the decision or remand
the application back to the Planning Board for further consideration.
C.
Manufactured home requirements.
(1)
Any manufactured home parked or placed outside a duly
licensed manufactured home park shall have an adequate supply of potable
water for drinking and domestic purposes and a sewage disposal system.
Both systems shall satisfy any applicable requirements of the Chenango
County Department of Public Health and the New York State Department
of Health.
(2)
Any manufactured home outside a duly licensed manufactured
home park not hooked up to either a public water system or a public
sewer system shall be placed on a lot with an area that will satisfy
the minimal requirements of all applicable health and building codes
for separation of water and septic systems.
(3)
Not more than one manufactured home shall be placed
or parked on any parcel of land which is located outside a licensed
manufactured home park.
(4)
Every manufactured home located outside a licensed
manufactured home park shall be placed on a foundation pursuant to
§ 105-D(1), (2) and (3) of this chapter and have skirting
which shall enclose at least 80% of the perimeter of the manufactured
home and any additions thereto.
(5)
No manufactured home shall be permitted to occupy
a manufactured home private lot unless the manufactured home contains
at least 500 square feet of habitable area and is of such construction
and/or appearance so as to not be a nuisance and/or hazard to its
occupants or to others.
(6)
Any manufactured home built after January 15, 1974,
that does not meet the state code for construction and installation
of manufactured homes (9 NYCRR) shall not be installed on manufactured
home private lot. No manufactured homes built before January 15, 1974,
may be installed on a manufactured home private lot.
(7)
Any manufactured home built after June 15, 1976, that
does not meet the United States Department of Housing and Urban Development
Mobile Home Construction and Safety Standard (CFR, Title 24, Part
280) shall not be installed on a manufactured home private lot.
E.
Existing manufactured homes.
(1)
(Reserved)
(2)
If the owner of the land desires to substitute a manufactured home of superior construction or improve the facilities for the existing manufactured home, such owner shall file an application for a permit. Such application shall comply to the provisions of § 105-10B of this chapter with respect to application procedure and requirements. Such substituted manufactured home and the manufactured home site shall meet the requirements of § 105-10C(1) through (7) of this chapter.
(3)
Permit renewal. No renewal permit is required for
any person holding a permit for a manufactured home private lot so
long as said person complies with the health requirements of the Chenango
County Department of Public Health and so long as circumstances remain
exactly as stated on the original application.
The Town Code Enforcement Officer of the Town
of New Berlin shall enforce all of the provisions of this chapter.
Such Town Code Enforcement Officer shall have the right, at all times,
to enter and inspect any manufactured home park, RV park and other
premises used for the parking or placement of a manufactured home.
A.
Revocation of manufactured home park and RV park permits.
(1)
If the Town Code Enforcement Officer finds and reports
to the Town Planning Board that a manufactured home park or a RV park
for which a permit has been issued is not being maintained in a clean
and sanitary condition or is not being operated in accordance with
the provisions of this chapter, the Town Planning Board shall, by
resolution, authorize the personal service upon the holder of the
permit of a written order which will require the holder of the permit
to correct the conditions specified in such order within 15 days after
the service of such order.
(2)
If the holder of such permit shall refuse or fail
to correct the condition or conditions specified in such order within
15 days after the personal service of such order, the Town Planning
Board shall, by resolution, revoke such permit and the holder of the
permit shall thereupon terminate the operation of such manufactured
home park or RV park. If the permit is revoked, the manufactured home
park owner shall be responsible for the relocation of tenants and
all costs associated therewith, including costs incurred by the tenants,
and the RV park owner shall have similar responsibilities associated
with the relocating of the RVs.
(3)
However, if the owner or operator of such manufactured
home park or RV park shall thereafter correct such conditions and
bring the manufactured home park or RV park into compliance with this
chapter, such owner may then apply for the issuance of a new permit
for such park; and if the application is approved and a permit is
granted, the applicant shall pay to the Town Clerk the fee required
by this chapter without any credit for the fee paid for the permit
which was revoked.
B.
Revocations of permits for manufactured homes outside
of manufactured home parks.
(1)
If the Town Code Enforcement Officer finds and reports to the Town Planning Board that any manufactured home located outside a licensed manufactured home park is not being maintained in accordance with the provisions of § 105-10C or D of this chapter, the Town Planning Board shall serve a written order upon the holder of the permit and/or owner of the manufactured home and/or the owner of the premises, directing that the condition or conditions herein specified be remedied within 15 days after the date of service of the order.
(2)
If such condition or conditions are not corrected
within the 15 days, the Town Planning Board shall revoke such permit.
On revocation of the permit, the water supply and sewage disposal
system shall be disconnected and the manufactured home shall be removed
from the premises.
None of the provisions of this chapter shall
be applicable to the following:
A.
The business of manufactured home or RV sales, except
that where units are used as living quarters, they shall conform with
the provisions of this chapter.
B.
The storage or garaging of RVs not being used for
living or sleeping purposes within a building or structure or to the
storage of one unoccupied RV on premises occupied as the principal
residence by the owner of RV; provided, however, that such unoccupied
RV shall not be parked or located between the street line and the
front building line of such premises.
A.
The following standards shall be used in determinations
of acceptable similarity in appearance between manufactured homes
and residences constructed on the site to assure that such manufactured
homes will be compatible in appearance with site-built housing that
has been or may be constructed in adjacent or nearby locations. Necessary
information to enable such determination to be made shall be submitted
with the application for a permit.
B.
Minimum width of main body. Minimum width of the main
body of the manufactured home as assembled on the site shall not be
less than 20 feet, as measured across the narrowest portion.
C.
Minimum roof pitch; minimum distance, eaves to ridge;
roofing materials. The pitch of the main roof shall be not less than
one foot of rise for each four feet of horizontal run. Minimum distance
from eaves to ridge shall be 10 feet. In general, any roofing material
may be used that is generally acceptable for housing built on the
site, if applied in such a manner as to be similar in appearance.
D.
Exterior finish; light reflection. Any materials that
are generally acceptable for housing built on the site may be used
for exterior finish if applied in such a manner as to be similar in
appearance; provided, however, that reflection from such exterior
shall not be greater than from siding coated with clean, white, gloss,
exterior enamel.
E.
Minimum dimensions parallel to principal street frontage.
Class A manufactured homes shall be so located on lots that the portions
nearest the principal street frontage are at least 30 feet in total
dimension parallel to the street. Such dimension shall be measured
from outer extremities, including eaves, and shall include any additions
to the main body of the manufactured home, such as living or recreation
rooms, garages, carports, utility rooms and the like, the front portions
of which are within 10 feet of the front of the main body of the manufactured
home.
F.
Minimum floor area. Minimum floor area required for
Class A designation shall be 1,200 square feet. Such floor area shall
include that of any attached living area, but not the floor area of
attached carports, garages, utility or storage rooms.
A.
Where there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of this chapter,
the Town Planning Board shall have the power to vary or modify the
application of any of the regulations or provisions of this chapter
so that the spirit of said chapter shall be observed, public welfare
and safety secured and substantial justice done, provided that the
variations and modifications granted are consistent with applicable
state or federal regulations.
B.
Any person, partnership, corporation or other entity
which shall hereafter acquire an ownership interest in an existing
manufactured home park or RV park shall deliver his name and address
to the Town Clerk within 10 days of acquisition of such interest.
The Town Clerk shall then issue an amended permit which shall indicate
the new ownership interest.
Any person, partnership, association or corporation
who or which violates any provision of this chapter shall be guilty
of a violation and subject to a fine of not more than $250 or to imprisonment
for a period of not more than 15 days, or both 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.
