This chapter shall be known as the "Mobile Home Park Ordinance of the
Town of Sweden."
It is the purpose of this chapter to promote the health, safety and
general welfare of the community and to protect and preserve the property
of the Town of Sweden and its inhabitants by regulating mobile home parks
in the Town of Sweden, Monroe County, New York.
The following words or phrases, as used in this chapter, are defined
as follows:
DEVELOPED ACREAGE
That acreage within a development that includes roads, sidewalks
and developed lots, whether or not they may be occupied, easements and recreation
areas, but does not include idle land or unusable land.
DEVELOPER
Any individual, firm, trust, partnership, association or corporation
involved in the development of a mobile home park.
LICENSEE
Any person licensed to operate and maintain a mobile home park under
the provisions of this chapter.
MOBILE HOME
A portable unit less than five years old designed and built to be
towed on its own chassis, comprised of a frame and wheels, connected to utilities
and designed without a permanent foundation for year-round living. A unit
may contain parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity, as well as two or
more separately towable components designed to be joined into one integral
unit capable of being again separated into the components for repeated towing.
Mobile units can be designed to be used for residential, commercial, educational
or industrial purposes; excluding, however, travel trailers, motorized homes,
pickup coaches and camping trailers.
[Amended 8-22-2006 by L.L. No. 3-2006]
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and
empowered for the placement of two or more mobile homes for nontransient residential
use.
PERMIT
A written permit issued by the Health Department permitting the construction,
alteration and extension of a mobile home park under the provisions of this
chapter.
PLANNING BOARD
The duly appointed Planning Board of the Town of Sweden.
PRIVATE AREA
The open space that is associated with an individual parcel or lot
in which a mobile home is placed.
SERVICE BUILDING
An individual structure on a lot used for the purpose of storage,
or a community building used to house laundry and other such facilities as
may be required.
UNIT
Any section, portion or plot of a mobile home park devoted to the
use of the occupants of any individual mobile home.
[Added 6-13-1973]
No mobile home shall be permitted to park or remain on any lot or parcel
of land in the Town of Sweden for residential purposes outside a mobile home
park.
An adequate supply of water must be available to all occupants of mobile
homes in the park, and the quality must be satisfactory to the Monroe County
Health Department.
An adequate and safe sewerage system shall be provided in all mobile
home parks for conveying and disposing all sewage. Such systems shall be designed,
constructed and maintained in accordance with county and state health laws
and shall connect into a public sewer.
Every park shall be equipped at all times with fire-extinguishing equipment
in good working order, of such type, size and number and so located within
the park as to satisfy applicable reasonable regulations of the local Fire
Department. No open fires shall be permitted for burning of trash, rubbish
or paper.
It is recommended that a central fuel supply or a local utility company
serving the area be the only supplier of electricity, gas or oil to the mobile
home park. There shall be no aboveground fuel storage tanks located on individual
lots within the park. Proper planning and early communication with utility
companies is recommended to provide the necessary easements, as well as proper
facilities, to serve the park.
Whenever any mobile home park development is proposed, the developer
or his authorized agent shall apply for and secure approval of such proposed
mobile home park in accordance with the following procedures:
A. Sketch layout procedure.
(1) Whenever a mobile home park is proposed, the developer
shall prepare and submit to the Planning Board three copies of a sketch layout
of the proposed park development. The purpose of this step is to afford the
developer an opportunity to consult early and informally with the Planning
Board in order to save time and money and to make the most of opportunities
for desirable development.
(2) Before preparing a sketch layout, the developer may discuss
with the Planning Board or the Town Engineer the general requirements as to
design of streets, reservations of land, drainage, sewerage, water supply,
fire protection and other improvements, as well as procedural matters. Developers
of land adjoining state or county highways are advised to consult with the
District Engineer of the New York State Department of Transportation or the
County Director of Public Works at the sketch layout stage in order to resolve
problems of street openings or stormwater drainage at the earliest possible
stage in the design process.
(3) The Planning Board shall study the sketch plan in connection
with the topography of the area, existing requirements of the Zoning Ordinance,
the Comprehensive Plan and the Town Official Map, if any, and shall take into
consideration the general requirements of the Town and surrounding community.
Particular attention shall be given to the suitability of the land for development,
the layout of proposed streets to make sure that adequate provision has been
made for accommodating the prospective traffic, provisions for stormwater
drainage and the adequacy of proposed sites for parks, playgrounds and other
community facilities.
(4) If the sketch layout of the plat is complete and satisfactory,
the Planning Board may schedule a public information meeting within 45 days
from the time of submission of the proposal for sketch plan approval.
(5) Not more than 45 days following the submission of the
sketch layout, the Planning Board shall convey a written report to the developer
containing its conclusions and recommendations concerning the design of the
proposed park. One copy of the sketch layout shall be returned to the developer
with the report; the other copies shall be retained by the Planning Board.
Copies of minutes of the relevant meetings shall be sufficient written reports.
(6) The sketch layout shall comply with the following requirements:
(a) The sketch layout shall be drawn on paper or other suitable
material at a standard scale of not more than 200 feet to one inch.
(b) It shall show the following information:
[1] The title of the sketch, including the name and address
of the developer.
[2] A North point, scale and date.
[3] Boundaries of the tract to be developed, plotted to scale.
If the developer intends to develop the tract in stages, the entire tract
shall nevertheless be included in the sketch layout.
[4] A topographic survey showing ground contours adjacent
to and within the tract to be developed at intervals of not more than five
feet, and all pertinent topographic and planimetric features within and adjoining
the tract, including existing buildings, watercourses and their one-hundred-year
flood limits, water bodies, swamps, wooded areas and individual large trees.
Features to be retained in the park should be so indicated.
[5] The approximate lines of proposed streets, sidewalks,
lots and neighborhood recreation areas or other permanent open space.
[6] A schematic indication of the proposed system for stormwater
drainage.
[7] A statement as to the proposed source of water supply
and method of sewage disposal.
[8] Indication of the zoning of the tract and any other legal
restrictions of use.
[9] The name or names of the landscape architect and/or licensed
professional engineer and licensed land surveyor responsible for the preparation
of the sketch layout and preliminary information.
B. Preliminary layout procedure.
(1) A preliminary layout shall be prepared and submitted
to the Planning Board for all proposed mobile home parks. The preliminary
layout shall comply with the requirements made by the Planning Board in its
report on the sketch layout, if any.
(2) Five copies of the preliminary layout and supplementary
material specified shall be submitted to the Planning Board at least 14 days
prior to the meeting at which it is to be considered.
(3) The Planning Board shall review the preliminary layout
in connection with the recommendations made during the sketch plan stage.
Particular attention shall be given to the suitability of the land for development,
the layout of proposed streets to make sure that adequate provision has been
made for accommodating the prospective traffic, provisions for stormwater
drainage and the adequacy of proposed sites for parks, playgrounds and other
community facilities.
(4) Within 45 days after the meeting at which preliminary
layout has been submitted, the Planning Board shall act upon it. The Planning
Board's action shall be in the form of a written report to the developer stating
whether or not the preliminary layout is conditionally approved. A copy of
the appropriate minutes of the Planning Board meeting shall be a sufficient
report. The Planning Board's report may include recommendations as to desirable
revisions to be incorporated in the final plat. If the preliminary layout
is disapproved, the Planning Board's report will contain the reasons for such
findings. In such a case, the Planning Board may recommend further study of
the proposed development and resubmission of the preliminary layout to the
Planning Board after it has been revised or redesigned.
(5) The preliminary layout shall conform to the following:
(a) The preliminary layout shall be drawn on one or more
sheets of tracing material not more than 36 inches by 48 inches in size, shall
be clearly marked as a "preliminary plat" and shall be drawn at a standard
scale of not more than 100 feet to one inch.
(b) If more than one sheet is required to show an entire
tract, an index map shall be provided.
(c) The preliminary layout shall show the following information:
(Note that many of the requirements are repetitious of the sketch plan stage
but are stated here for the purpose of clarification and continuity.)
[1] The title of the drawing, including the name and address
of the developer.
[2] A North point, scale and date.
[3] Boundaries of the tract to be developed, plotted to scale.
If the developer intends to develop the tract in stages, the entire tract
shall nevertheless be included in the preliminary layout, with the various
stages of development clearly delineated.
[4] The names of the owners of adjacent land.
[5] Existing streets immediately adjoining and within the
tract to be developed.
[6] Existing drains, waterlines and sanitary sewers nearby
and within the tract to be developed, with their location, size, type and
approximate elevations and gradients, using mean sea level as datum plane;
also, existing easements for such facilities.
[7] A topographic survey showing ground contours adjacent
to and within the tract to be developed at intervals of not more than two
feet of elevation and all pertinent topographic and planimetric features within
and adjoining the tract, including existing buildings, watercourses and their
flood limits, water bodies, swamps, wooded areas and individual large trees.
[8] The approximate lines and gradients of proposed streets
and sidewalks.
[9] The names of proposed streets.
[10] The approximate lines of proposed lots, which shall be
numbered.
[11] The approximate lines and the purpose of proposed easements.
[12] The approximate locations and dimensions of areas proposed
for neighborhood parks or playgrounds or other permanent open space.
[13] A statement as to the proposed source of water supply
and method of sewage disposal.
[14] Indications of the zoning of the property to be developed
and any other legal restrictions on its use.
[15] The location of any municipal boundary lines, existing
special service district lines and zoning district lines within the tract.
[16] The name or names of the landscape architect and/or licensed
professional engineer and licensed land surveyor responsible for the preparation
of the preliminary layout and supplementary information.
C. Final plat procedure.
(1) After receiving conditional approval from the Planning
Board on a preliminary layout, the developer may prepare his final plat and
submit it to the Planning Board for approval, except that if more than six
months has elapsed between the time of the Planning Board's report on the
preliminary layout and submission of the final plat and if the Planning Board
finds that conditions have changed significantly in the interim, the Planning
Board may require a resubmission of the preliminary layout for further review
and possible revision prior to accepting the proposed final plat for review.
(2) The Planning Board will be guided in its consideration
of the final plat by the following procedures and requirements:
(a) The final plat shall conform substantially to the preliminary
layout that has received conditional approval from the Planning Board. It
should incorporate any revisions or other features that may have been required
by the Planning Board at the preliminary layout stage, and all such compliances
shall be clearly indicated by the developer on the appropriate submission.
If the developer wishes to develop the mobile home park in stages, he may
prepare and submit a final plat for a portion of the area encompassed by the
preliminary layout, provided that the proposed development stages were indicated
on the preliminary layout reviewed by the Planning Board.
(b) Application to the Planning Board for approval of the
final plat shall be filed with the Code Enforcement Officer at least 14 days
prior to the meeting at which it is to be considered. Such application shall
be in writing on a standard plat approval form, copies of which can be obtained
from the Building Department. Five copies of the proposed final plat shall
be submitted with the application for approval.
[Amended 8-22-2006 by L.L. No. 3-2006]
(c) At the time of filing the application for approval, the
applicant shall pay to the Town Clerk a fee in accordance with the fee schedule
established by a simple resolution of the Town Board from time to time. A
copy of such fee schedule shall be kept in the office of the Town Clerk.
(d) If the application for final approval of the plat is
complete and satisfactory, the Planning Board will schedule a public hearing
within 30 days from the time of submission of the application for approval
of the final plat. For the purpose of these regulations, the submission date
shall be taken as the date of the first regular Planning Board meeting held
not less than 14 days after the date when the application for approval was
filed with the Town Code Enforcement Officer. The hearing shall be advertised
at least five days before its scheduled date in a newspaper of general circulation
in the Town.
(e) Within 45 days after the time of the hearing on the plat,
the Planning Board shall approve, modify and approve or disapprove the final
plat. In reviewing the final plat for a mobile home park, the Planning Board
shall consult with the Town Engineer and such other officials or agencies
as may be appropriate in each case. The Town Engineer shall report to the
Planning Board concerning the adequacy of engineering features shown on the
final plat.
[Amended 8-22-2006 by L.L. No. 3-2006]
(f) The action of the Planning Board shall be recorded in
the Board's minutes, and the developer shall be notified of such action through
transmittal of these minutes. In case of disapproval of a proposed final plat,
the Planning Board shall have in these minutes its reasons for disapproval.
(g) After the Planning Board has approved a final plat, the
developer may proceed with the construction of streets, drains and other improvements
as shown on the construction detail sheet of the final plat. Within one year,
unless such time limit is extended by the Town Board, the improvements shown
on the construction detail sheet shall have been completed to the satisfaction
of the Town Engineer and/or the Code Enforcement Officer. Upon such satisfactory
completion, such official shall issue a written statement to that effect to
the Town Board, the Planning Board, the developer and any other interested
agencies or parties. Upon receipt of such statement, the Planning Board Chairman
shall sign the final plat as evidence that it has been approved by the Planning
Board.
[Amended 8-22-2006 by L.L. No. 3-2006]
(h) As an alternative to completing the improvements to be
dedicated to the Town prior to having the final plat signed by the Planning
Board Chairman, the developer may post with the Town a performance bond sufficient
to cover the full cost of the improvements as estimated by the Town Engineer.
Such bond shall be subject to approval by the Town Board in accordance with
§ 277 of the Town Law and shall run for a term to be fixed by the
Planning Board. Upon posting of such performance bond and compliance with
all other requirements, the Planning Board Chairman shall sign and seal the
final plat as evidence that it has been approved by the Planning Board. Within
90 days of said approval, the Planning Board Chairman shall send a copy of
the final plat to the Monroe County Department of Maps and Surveys for filing.
[Amended 8-22-2006 by L.L. No. 3-2006]
(3) The final plat shall be drawn in ink on tracing cloth
or material equally acceptable for filing with the Planning Board Chairman
and shall give sufficient survey data to determine readily the location, bearing
and length of all lines shown thereon to permit the reproduction of such lines
upon the ground.
[Amended 8-22-2006 by L.L. No. 3-2006]
(4) The final plat submission shall be composed of three
parts: construction sheet, record sheet and drainage report. They are described
as follows:
(a) Final plat construction sheet.
[1] The final plat construction sheet shall be 20 inches
by 20 inches or 20 inches by 40 inches and shall be drawn at a scale of 50
feet to one inch. Where more than one sheet is required to show the routine
development, a key map shall be provided.
[2] The following information shall be shown:
[a] The title of the sheet, including the name and address
of the developer.
[b] A North point, scale and date.
[c] The lines of existing and proposed streets and sidewalks
immediately adjoining and within the mobile home park.
[Amended 8-22-2006 by L.L. No. 3-2006]
[d] The names of existing and proposed streets.
[e] Typical cross sections of proposed streets.
[f] Profiles of proposed streets at a suitable vertical scale
showing finished grades in relation to existing ground elevation.
[g] The layout of proposed lots, including lot numbers and
the proposed numbering system for homes or other buildings that may be erected
on such lots.
[h] The location and size of any existing and proposed sewers
(stormwater or sanitary), water mains, hydrants, shutoff valves and the like,
and pipes on the property or into which any connection is proposed.
[i] Provisions for water supply and sewage disposal, and
evidence that such provisions have received approval of the Monroe County
Health Department.
[j] Locations of survey monuments.
[k] A plan and typical cross section of proposed sidewalks.
[l] A development plan, including landscaping, for any proposed
neighborhood park or playground within the tract.
[m] A planting plan for street trees, indicating the locations,
varieties and minimum size of trees to be planted and of existing trees to
be preserved as street trees.
[n] Brief specifications, or reference to the Town of Sweden
Standard Specifications, for all facilities to be constructed or installed
within the tract.
[o] Certification by a licensed professional engineer and
a licensed land surveyor as evidence of professional responsibility for the
preparation of the construction sheet.
(b) Final plat record sheet.
[1] Unless the Planning Board Chairman specifies otherwise,
the record sheet shall be 17 inches by 22 inches or 22 inches by 34 inches
or 34 inches by 44 inches in size and shall be drawn at a scale of 50 feet
to one inch. Where more than one sheet is required to show the entire development,
a key map showing all sections shall be provided.
[2] The following information shall be clearly shown:
[a] The title of the sheet, including the name and address
of the developer.
[b] A North point, graphic scale and date.
[c] The boundaries of the mobile home park and information
to show the location of the development in relation to surrounding property
and streets, including the names of owners of adjacent developments. In whatever
manner that is practical, the park boundary shall be referenced from two directions
to established United States Coast and Geodetic Survey monuments or New York
State Plane Coordinate monuments. In the event that such monuments have been
obliterated, the park boundary shall be referenced to the nearest highway
intersections or previously established monuments. Any combination of types
of reference ties may be accepted which would fulfill the requirement of exact
measurements from the park boundary to reference points previously established
for or by a public agency.
[d] The lines of existing and proposed streets and sidewalks
within the park, and the lines of existing or approved streets and sidewalks
or adjoining properties.
[e] The names of existing and proposed streets.
[f] The lines and dimensions of proposed lots, which shall
be numbered. Any lot whose area does not conform to the Zoning Ordinance shall
have its area in square feet indicated as well.
[g] The lines and purposes of existing and proposed easements
immediately adjoining and within the mobile home park.
[h] The lines, dimensions and areas, in square feet, of all
property which is offered or is to be offered for dedication for public use,
with the purpose indicated thereon, and of all property that is proposed to
be reserved by deed covenant for the common use of the clientele of the park.
[i] The location of monuments to be placed within the mobile
home park.
[j] The locations of existing and proposed water supply lines,
storm sewers and sanitary sewers within the park.
[k] The locations of any municipal and zoning boundary lines
within the park.
[l] Statements as to the zoning of the property within the
park and compliance of the proposed lots with zoning requirements. If any
lots do not comply but are covered by zoning variances, the statement should
include reference to such variances.
[m] A certification by a licensed professional engineer and
a licensed land surveyor as evidence of professional responsibility for the
preparation of the record sheet.
(c) Final plat drainage report.
[1] This report shall expand upon the report submitted at
the preliminary layout stage and shall present plans and supporting data for
stormwater drainage provisions within the development, including:
[a] Plans, profiles and typical and special cross sections
of proposed stormwater drainage facilities.
[b] Supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
[c] A final park grading plan developed to suitable contour
intervals with grading details to indicate proposed street grades and elevations
and building site grades and elevations throughout the mobile home park. The
contour interval of the grading plan shall be one, two or five feet vertical,
the selection to result in a horizontal distance between contour lines of
not more than 100 feet.
[d] Evidence that the above provisions for stormwater drainage
have been approved by the Town Engineer.
[2] All stormwater design shall be in conformance with the
specifications outlined by the Town Engineer.
The Town Board, after a public hearing thereon, at which time the licensee
shall have an opportunity to be heard, in its discretion, may revoke or suspend
the permit or license granted under authority of this chapter for failure
to comply with any of the terms of this chapter or any law or regulation relating
to mobile home parks, or if said Town Board shall determine that the holder
of the license is an undesirable person or incapable of properly conducting
the business previously licensed.
[Amended 10-24-1990 by L.L. No. 2-1990; 8-22-2006
by L.L. No. 3-2006]
Any person, firm, company or corporation owning, controlling or managing
any structure or lot wherein or whereon there shall be placed anything in
violation of any of the provisions of this chapter, and any person, firm,
company or corporation who or which shall omit, neglect or refuse to do any
act required by this chapter, shall be guilty of a violation, punishable by
a fine of not more than $250 or by imprisonment not to exceed 15 days, or
both. Each day that such violation, disobedience, omission, neglect or refusal
shall continue shall be deemed a separate offense. In addition to the remedies
hereinbefore set forth, the Town Board may institute any appropriate action
or proceeding to prevent any violation of the provisions of this chapter or
to compel compliance therewith.
All rules, regulations and ordinances of this Town inconsistent herewith
are hereby repealed as of the date this chapter takes effect, except that
this chapter does not repeal, abrogate or impair conditions legally now existing
or permits previously issued, but whenever this chapter imposes greater restrictions
than required by existing provisions of law, the provisions hereof shall control
insofar as the same is legally permissible.
A sales lot or area for the purpose of selling or parking mobile homes
shall be prohibited within the mobile home park. However, mobile homes may
be sold if set upon specified lots, complete with electrical, sanitary and
water service. The lots shall be landscaped, and the mobile homes will be
suitable for living quarters.