[HISTORY: Adopted by the Town Board of the Town of Chatham 5-20-1968.
Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Ordinance of the Town
of Chatham."
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 Chatham and of its inhabitants, by establishing
specific requirements and regulations governing the occupancy and maintenance
of mobile homes and mobile home parks.
For the purpose of this chapter, the following words, terms and phrases
shall have the meanings ascribed to them in this section:
Any vehicle which is designed to be transported on its own wheels
or those of another vehicle, which is used, designed to be used and capable
of being used as a detached single-family residence and which is intended
to be occupied as permanent living quarters containing sleeping accommodations,
a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical
connections for attachment to outside systems.
A designated site of specific total land area which is located within
a mobile home park for the accommodation of one mobile home and its occupants.
Any parcel of land which is planned and improved for the placement
of two or more mobile homes which are used as dwellings and for occupancy
of more than 90 consecutive days.
A durable surface located on a mobile home lot which is to be used
for the placement and capable of supporting a mobile home.
No person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Chatham, shall use or allow the
use of such land for a mobile home park, unless a license has been obtained
as herein provided.
A.
Issuance of license.
(1)
The Town Code Enforcement Officer of the Town of Chatham
shall issue a license to be effective from the day of issuance for a period
of one year.
(2)
No license will 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 Columbia County Department
of Health (or the New York State Department of Health District Office).
(d)
Approval by the Town Code Enforcement Officer.
(e)
A resolution from the Town Board approving the issuance
of the license.
(3)
No license shall be transferable or assignable.
B.
Supplemental license.
(1)
Any person holding a license for a mobile home park and
desiring to add additional lots to such parks shall file an application for
a supplemental license.
C.
License renewal.
(1)
An application for the renewal of any mobile home park
license which was issued in accordance with the provisions of this chapter
must be filed with the Town Clerk on or before the first day of the month
preceding the expiration of the license.
(2)
The renewal application shall not be accompanied by a
plan of the park unless changes have been made to it.
(3)
Upon the approval of the Town Code Enforcement Officer
and by resolution of the Town Board, the Town Code Enforcement Officer shall
issue a renewal license to be effective upon the expiration of the previous
license and continue in force for a period of one year.
(4)
At the time the renewal license is issued, the applicant
shall pay the required fee.
(5)
No renewal license shall be transferable or assignable.
D.
License fees. All fees for any application, permit or
license required hereunder shall be in such amounts as set from time to time
by resolution of the Town Board.
[Amended 5-5-1994 by L.L. No. 2-1994]
Each application for a mobile home park license shall be in writing
and signed by the applicant.
A.
The application and related information shall be filed
with the Town Clerk in triplicate.
B.
The Town Clerk shall transmit one copy of the application
to the Town Code Enforcement Officer. The Town Clerk shall refer one copy
of the application to the Town Planning Board for review and report prior
to final action by the Town Board in accordance with the provisions § 274
of the Town Law.[1] The Town Clerk shall place a notice in the official town newspaper
or newspapers to effect that such an application has been filed.
[1]
Editor's Note: Section 274 of the Town Law was repealed by L.1992,
c. 663, § 1, effective July 1, 1993. See now § 271 of
the Town Law.
C.
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 Columbia County
Department of Health, the Town of Chatham and the Sanitary Code of the State
of New York. The Town Code Enforcement Officer shall, after such investigation,
transmit the certified application to the Town Board, together with his written
findings as 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.
D.
Upon receipt of the application from the Town Clerk,
the Town Planning Board shall review the general arrangement of the mobile
home 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 or camp; the location of entrances and exits; and the location,
type and extent of landscaping and screening materials. The Planning Board
shall transmit the application back to the Town Board, together with its written
findings, within 30 days of receipt of the application. Failure to act within
30 days of receipt of the application shall be deemed approval by the Town
Planning Board.
E.
The Town Board shall review the findings of the Town
Code Enforcement Officer and the Town Planning Board 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 applicants notified in writing by the Town Clerk
of the decision rendered within five days of the date of such decision.
F.
If the application is disapproved, the applicant shall
have the right to appear before the Town Board for a hearing.
A.
Each application shall be accompanied by three complete
sets of plans which are prepared by a surveyor, engineer or other qualified
person.
B.
The plans shall be drawn to scale of 20, 40 or 50 feet
to one inch, shall include the date, North point and scale and shall furnish
the following information:
(1)
Legal data.
(a)
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.
(b)
The description of the land that is proposed to be used
as a mobile home park, together with a map showing its location in the town.
(c)
The number of lots to be provided in such park.
(3)
Existing development.
(4)
Proposed development.
(a)
The location and widths of all entrances, exits, streets
and walkways.
(b)
The location, size and arrangement of each lot within
the park.
(c)
The method and plan for electric lighting.
(d)
The location and plan of all proposed structures and
improvements.
(e)
Any proposed grading and plans for landscaping.
(f)
Any proposed stormwater drainage.
(g)
Any proposed utilities.
(h)
Any public improvements proposed by the town in or adjoining
the proposed park.
(i)
Existing zoning.
A.
Site.
(1)
The park shall be located in areas where grades and soil
conditions are suitable for use as mobile home sites.
(2)
The park shall be located on a well-drained site which
is properly graded to ensure rapid drainage and 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.
(4)
The park shall be at least two acres in size, 100 feet
frontage on a public road.
C.
Mobile home placement.
(1)
Any mobile home shall not be parked or otherwise located
nearer than a distance of:
(2)
Only one mobile home shall be permitted to occupy any
one mobile home lot.
(3)
No utility or storage shed shall be placed on a mobile
home lot closer than four feet to an adjacent lot or boundary line.
[Added 7-11-1991 by L.L. No. 1-1991]
(4)
A deck or porch may be constructed and added to an individual
mobile home, provided that the same does not extend closer than six feet to
an adjacent lot or boundary line. No deck or porch may be constructed unless
a building permit for the same has been obtained from the Town Code Enforcement
Officer upon the payment of a fee based upon the schedule of fees required
under the town's Fire Prevention and Building Code.
[Added 7-11-1991 by L.L. No. 1-1991]
D.
Mobile home stand.
(1)
Each mobile home lot shall have a mobile home stand which
will provide for the practical placement on and removal from the lot of both
the mobile home and its appurtenant structures and the retention of the home
on the lot in a stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions
of the anticipated mobile home and their appurtenant structures or appendages.
(3)
The stand shall be constructed of an appropriate material
which is adequate for the support of the maximum anticipated loads.
[Amended 10-14-1993 by L.L. No. 5-1993]
(4)
The stand shall be suitably graded to permit rapid surface
drainage.
E.
Accessibility.
(1)
Each mobile home park shall be easily accessible from
an existing public highway or street.
(2)
Where a mobile home park has more than 16 mobile homes,
two points of entry and exit shall be provided, but in no instance shall the
number of entry and exit points exceed four.
(a)
Such entrances and exits shall be designed and strategically
located for the safe and convenient movement into and out of the park and
to minimize friction with the free movement of traffic on a public highway
or street.
(b)
All entrances and exits shall be at right angles to the
existing public highway or street.
(c)
All entrances and exits shall be free of any material
which would impede the visibility of the driver on a public highway or street.
(d)
All entrances and exits shall be of sufficient width
to facilitate the turning movements of vehicles with mobile homes attached.
(3)
Each park shall have improved streets to provide for
the convenient access to all mobile home lots and other important facilities
within the park. Streets shall be improved to at least meet Erwin Plan specifications.
(a)
The street system shall be so designed to permit the
safe and convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topography and shall
have suitable alignment and gradient for traffic safety.
(c)
All streets shall intersect at right angles.
(e)
Except in cases of emergency, no parking shall be allowed
on such street.
(4)
An improved driveway shall be provided for each mobile
home lot. This driveway shall have a minimum width of nine feet.
F.
Parking.
(1)
One off-street parking space shall be provided on each
mobile home lot. The parking space shall be of similar construction and grading
as the mobile home stand. Such space shall have a minimum width of nine feet
and a minimum length of 20 feet.
(2)
Additional off-street parking spaces shall be provided
at strategic and convenient locations for guests and delivery and service
vehicles.
G.
Utilities and service facilities.
(1)
The following utilities and services facilities shall
be provided in each mobile home park which shall be in accordance with the
regulations and requirements of the Columbia County Department of Health,
the New York State Department of Health and the Sanitary Code of New York
State.
(a)
An adequate supply of pure water for drinking and domestic
purposes shall be supplied by pipes to all mobile home lots and buildings
within the park. All mobile home lots shall be provided with proper water
connections.
(b)
Each mobile home lot shall be provided with a sewer,
which shall be connected to the mobile home situated on the lot, to receive
the waste from the shower, tub, flush toilet, 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)
Metal garbage cans with tight-fitting covers shall be
provided in quantities adequate to permit the disposal of all garbage and
rubbish. The cans shall be kept in sanitary condition at all times. The cans
shall be located no further than 200 feet from any mobile home lot. Garbage
and rubbish shall be collected and disposed of as frequently as may be necessary
to ensure that such cans shall not overflow.
(2)
Service buildings shall be provided as deemed necessary
for the normal operation of the park; however, such buildings shall be maintained
by owner or manager of the park in a clean, sightly and sanitary condition.
(3)
Each mobile home lot shall be provided with weatherproof
electric service connections and outlets which are a type approved by the
New York State Board of Fire Underwriters.
I.
Landscaping.
(1)
Lawn and ground cover shall be provided on those areas
not used for the placement of mobile homes and other buildings, walkways,
roads and parking areas.
(2)
Planting shall be provided to the extent needed in order
to provide for the screening of objectionable views, adequate shade and a
suitable setting for the mobile homes and other facilities.
(a)
Screening planting shall be provided to screen objectionable
views. Views which shall be screened include laundry facilities, other nonresidential
uses, garage, storage and collection areas, and all abutting yards of adjacent
properties.
(b)
Other planting shall be provided along these areas within
the park which front upon existing public highways and streets to reduce glare
and provide pleasant outlooks for the living units.
J.
Recording.
(1)
The owner or operator of each mobile 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 date of occupancy.
K.
The Town Board, prior to the approval of any application
for erection of a mobile home park shall require from the applicant as a condition
of approval that a performance or cash bond be filed in favor of the town
in an amount to be determined by the Town Board to guarantee that the mobile
home park shall be constructed in accordance with the plans and all regulations
of this chapter.[5]
A.
Prohibition of mobile homes.
(1)
No occupied mobile home shall be parked or allowed to
remain upon any street, highway or other public place, except that emergency
stopping or parking, when caused by mechanical failure, shall be permitted
upon the shoulder of any street or highway for a period of not more than 72
hours, subject however to any prohibition or limitation imposed by other regulations
or laws.
(2)
No occupied mobile home shall hereafter be parked or
otherwise placed within the Town of Chatham and outside a licensed mobile
home park, except as follows:
(a)
The Town Code Enforcement Officer may grant a license,
for a period not to exceed one year, to the owner of land within the Town
of Chatham who intends to construct on such land a dwelling house for his
own occupancy or his employee's occupancy during the construction of
such dwellings. Said mobile home shall be removed from the premises upon expiration
of the permit.
(b)
The Town Code Enforcement Officer may grant a license or licenses to the owner of a farm to set up not more than two mobile homes to be occupied only by full-time farm workers employed by the owner and their families, provided that the mobile homes are located on a lot of at least 100 feet by 150 feet and no closer than 40 feet to the farmhouse or any farm buildings, and provided that the lot is free from drainage problems and fenced off from farm animals; provided, further, that the mobile homes comply with the provisions of Subsections C(1) and (2) of this section, provided that the owner of the farm shall file an application for licenses in compliance with the provisions of Subsection B of this section. Said licenses are not transferable and become void if ownership of the farm changes.
B.
Mobile home licenses.
(2)
Each application for a mobile home license 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 and
plan for the 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.
(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 the requirements of the Columbia County Department of Health.
The Town Code Enforcement Officer shall then transmit the application, along
with his written findings, to the Town Board.
(4)
The Town Board shall receive the application and the
findings of the Town Code Enforcement Officer and, by resolution, indicate
its approval or disapproval.
(5)
The Town Clerk shall notify the applicant of the decision
of the Town Board, and the Town Code Enforcement Officer shall issue a license
to the applicant if the application was approved.
(6)
If the application was disapproved, the applicant shall
have the right to appear before the Town Board for a hearing.
C.
Mobile home requirements.
(1)
Any mobile home parked or placed outside a duly licensed
mobile home park shall have an adequate supply of pure water for drinking
and domestic purposes and a sewage disposal system. Both systems shall satisfy
the requirements of Columbia County Department of Health.
(3)
Not more than one occupied mobile home shall be placed or parked on an parcel of land which is located outside a licensed mobile home park, except as provided for in Subsection A(2)(b) of this section.
(4)
No utility or storage shed shall be placed on a mobile
home lot closer than four feet to an adjacent lot or boundary line.
[Added 7-11-1991 by L.L. No. 1-1991]
(5)
A deck or porch may be constructed and added to an individual
mobile home, provided that the same does not extend closer than six feet to
an adjacent lot or boundary line. No deck or porch may be constructed unless
a building permit for the same has been obtained from the Town Code Enforcement
Officer upon the payment of a fee based upon the schedule of fees required
under the town's Fire Prevention and Building Code.
[Added 7-11-1991 by L.L. No. 1-1991]
D.
Existing mobile homes.
(1)
A mobile home which is lawfully in existence prior to
the enactment of this chapter but not located in a mobile home park may be
continued to be used as living quarters by its occupants, provided that:
(a)
The owner of the land shall register such mobile home
with the Town Clerk within 30 days of the effective date of this chapter.
Such registration shall be accompanied by a description of the parcel of land
and shall, in effect, constitute a license.
(2)
If the owner of the land desires to substitute a mobile home of superior construction or improve the facilities for the existing mobile home, such owner shall file an application for a license. Such application shall comply to the provisions of Subsection B of this section, with respect to application procedure and requirements, and meet the requirements of Subsection C(1) and (2) of this section.
The Code Enforcement Officer of the Town of Chatham 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 mobile home park, trailer
camp and other premises used for the parking or placement of a mobile home.
A.
Mobile home park licenses.
(1)
If the Town Code Enforcement Officer finds and reports
to the Town Board that a mobile home park for which a license 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 Board
may, by resolution, authorize the personal service upon the holder of the
license of a written order which will require the holder of the license to
correct the conditions specified in such order within 10 days after the service
of such order.
(2)
If the holder of such license shall refuse or fail to
correct the condition or conditions specified in such order within 10 days
after the personal service of such order, the Town Board may, by resolution,
revoke such license, and the holder of the license shall thereupon terminate
the operation of such mobile home park.
(3)
However, if the owner or operator of such mobile home
park shall thereafter correct such conditions and bring the mobile home park
into compliance with this chapter, such owner may then apply for the issuance
of a new license for such park, and if the application is approved and a license
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 license which was
revoked.
B.
Mobile homes outside of mobile home parks.
(1)
If the Town Code Enforcement Officer finds and reports to the Town Board that any mobile home located outside a licensed mobile home park is not being maintained in accordance with the provisions of § 151-8C or 151-8D of this chapter, the Town Board may serve a written order, upon the holder of the license and/or the owner of the mobile home and/or the owner of the premises, directing that the condition or conditions therein specified be remedied within 20 days after the date of service of the order.
(2)
If such condition or conditions are not corrected within
the 20 days, the Town Board may revoke such license. Upon revocation of the
license, the water supply and sewage disposal system shall be disconnected,
and the mobile home shall be removed from the premises.
[Amended 2-17-1969[1]]
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a maximum fine of $250 or by a term of imprisonment of not more than 15 days,
or both. 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 mobile home or travel trailer 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 travel trailers not being
used for living or sleeping purposes within a building or structure or to
the storage of one unoccupied travel trailer on premises occupied as the principal
residence by the owner of such travel trailer; provided, however, that such
unoccupied travel trailer shall not be parked or located between the street
line and the front building line of such premises. No unoccupied mobile home
or travel trailer shall be moved upon premises within the Town of Chatham
and used as an accessory building for storage, office space or any purpose
other than as living quarters, except as such uses may be authorized pursuant
to this section.[1]
C.
A mobile 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 mobile home or travel trailer is removed
from such site within 30 days after the completion of such project.
D.
A sectional house which is prefabricated in sections,
transported to the building site then fastened together, and placed on a permanent
and totally enclosed masonry foundation and which has a minimum width of 18
feet for its entire length and contains a minimum of 720 square feet of usable
living space.
