[HISTORY: Adopted by the Town Board of the Town of Eden 7-10-1996 by L.L. No. 3-1996. Amendments noted where applicable.]
This chapter shall be known as the "Mobile Homes Law of the Town of Eden."
The purpose of this chapter is to promote the health, safety, protection and general welfare of the inhabitants of the Town of Eden, including those living in mobile homes, in the following manner:
By the regulation of mobile homes in parks and the requirement that all mobile home parks be properly licensed in the Town of Eden by the Town Board in accordance with Chapter 225, Zoning.
By the requirement that mobile home parks can be established only in accordance with the plans for the same, as approved by the Town Planning Board.
By the use of standards and regulations for the design and operation of mobile home parks.
Word usage. When not inconsistent with the context, words used in the present tense include the future tense. Plural and singular connotations are interchangeable. The word "person" includes a firm, partnership or corporation as well as an individual, whether tenant, owner, leasee, licensee, agent, heir or assignee. The word "shall" is always mandatory. The word "used" includes the term "designed or intended to be used."
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- ACCESS STREET
- A private way giving access from a public highway to a park street.
- BUILDING AND ZONING INSPECTOR
- The duly appointed Building and Zoning Inspector of the Town of Eden.
- DEVELOPMENT COVERAGE
- The percentage of a lot covered by buildings, parking areas, accessory structures and any impervious materials.
- A minor private way used by vehicles on a mobile home park lot.
- FIRE COMPANY
- The organization, public or private, authorized by the Town of Eden or by state law to provide fire prevention and fire protection services to any or all areas of the Town of Eden.
- A special use permit issued by the Town of Eden permitting the construction, operation, alteration and extension of an existing or future mobile home park under the provisions of this chapter and Chapter 225, Zoning, of the Town of Eden.
- MOBILE HOME
- A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
- MOBILE HOME LOT
- The space for rent or lease only in any mobile home park which shall be designed for and assigned to occupancy by one mobile home.
- MOBILE HOME PARK
- A parcel of land which has been designed and improved for the placement of mobile homes for nontransient use and cannot be platted and filed as a subdivision with the Erie County Clerk.
- MOBILE HOME STAND
- That part of an individual mobile home lot which has been reserved for the placement of a mobile home exclusive of appurtenances.
- PARK SITE PLAN
- The plan required of an applicant for a license to establish, maintain and operate a mobile home park in the Town of Eden pursuant to the standards for mobile home parks as enumerated in this chapter.
- PARK STREET
- A private way which affords principal means of access to individual park lots or auxiliary buildings.
- A surfaced outdoor living space designed and intended to supplement the interior mobile home living area on a seasonal, warm-weather basis.
- TOWN BOARD
- The duly elected Town Board of the Town of Eden.
- TOWN CLERK
- The duly elected or appointed Town Clerk of the Town of Eden.
- TOWN ENGINEER
- The duly appointed Town Engineer of the Town of Eden.
- TOWN PLANNING BOARD
- The duly appointed Planning Board of the Town of Eden.
No premises in the Town of Eden shall be used for the parking or locating of a mobile home unless such use is allowed by license obtained as provided in this chapter.
No license shall be required for a mobile home parked or located in a duly licensed mobile home park.
A mobile home park license shall expire on the 31st day of December following the date of issuance, but may be renewed, subject to the provision of this chapter, for the additional period of one year each. If the initial license shall expire in less than one year, the fee for said license shall be prorated.
Application for a renewal of a mobile home park license shall be filed with the Town Clerk, and after receiving approval for such renewal from the Town Board of the Town of Eden, the Town Clerk shall issue such renewal license based on the proper fee as established by the Town Board.
General application. Unless otherwise provided in this chapter, the following standards shall apply to all mobile home parks, their establishment, maintenance and operation, in the Town of Eden after the effective date of this chapter. This includes such times as a license is reissued unless otherwise provided for in this chapter.
Mobile home park site plan. A mobile home park site plan, prepared by a licensed engineer or licensed land surveyor, shall be reviewed in accordance with the site plan review requirements as outlined in Chapter 225, Zoning, § 225-30, Site plan review. In addition to the requirements of Chapter 225, the site plan shall show:
The location, boundaries, dimensions and topography of the tract of land proposed to be used for the mobile home park.
Signature and seal of the licensed professional engineer or licensed professional land surveyor.
Name and address of the property owner.
Name and address of the applicant.
An area map at a suitable scale.
Existing zoning boundaries within 500 feet of the site should be shown on the area map.
Existing public streets abutting or crossing the site.
Existing structures and uses located on the site.
Legends, North arrow, graphic scale and title block.
A soil erosion and sedimentation control plan.
A grading plan.
Easements, watercourses and rights-of-way.
Details and specifications for all proposed improvements, facilities and structures.
The number, location and size of all spaces reserved for mobile homes and all service outlets or connections therefor.
The boundaries of and facilities to be included in recreation areas.
The location, size and electric lighting plan for roads, walks and outdoor areas. The applicant shall also be responsible for a recreation fee as determined by the town's Recreation Fee Schedule.
[Amended 7-8-1998 by L.L. No. 4-1998]
The location of any proposed structures.
The location, type and capacity of water supply, distribution and storage, sewage treatment and disposal and stormwater drainage facilities.
Plans and specifications for all buildings and other improvements constructed within the mobile home park.
Plans for any and all landscaping within and/or on the perimeter of the mobile home park exclusive of individual lots.
Such other information in such detail as may be reasonably required by town and/or county reviewing authorities.
Mobile home park design standards.
Each mobile home lot shall be at least 100 feet from a property line of the mobile home park, at least 55 feet wide and shall contain a minimum of 6,875 square feet, of which no more than 30% shall be used for development coverage. Each mobile home lot shall abut on a park street with access to a public highway. Such lots shall be clearly defined, and mobile homes shall be sited on such lots so that no mobile home will be:
Less than 20 feet from any other mobile home. If a garage, carport or other appurtenant structure is added at a later date, it must be at least five feet from the side yard boundary and at least 15 feet from any neighboring mobile home.
Less than 100 feet from any public right-of-way. However, the Planning Board of the town may, for reasons of health and safety, require a greater setback. The minimum setback shall not be used for accessory uses, such as recreation or vehicular parking. If such setback area is part of the mobile home park premises, such setback area shall be satisfactorily landscaped as designated on the mobile home park site plan and shall be maintained in a mowed condition.
Less than 100 from any property line of property abutting the mobile home park site, except that the Planning Board may permit a lesser buffer if local conditions so warrant it. Under no circumstances shall this buffer be less than 50 feet.
Less than 25 feet from any park street as measured from the near edge of the pavement.
Less than 15 feet from the rear line of any mobile home park lot.
Suitable vehicular access shall be provided to each mobile home park lot. Each park street shall be well marked and continuous and will connect with other park streets or public highways at ninety-degree angle and shall have at least a twenty-eight-foot pavement width plus country curbs.
Each mobile home lot driveway shall not be less than 14 feet in width and shall be improved and maintained with concrete surface on a suitable base subject to the approval of the Town Engineer. The driveway shall extend a minimum of 20 feet beyond the required twenty-five-foot front building setback, but in no case shall it extend beyond the rear of the mobile home stand.
An area or areas restricted to recreational uses shall be provided in each mobile home park. A minimum of 10% of the gross land area shall be made available in one or more places within the park for this use. The Planning Board of the town may require suitable fencing and landscaping of such areas for screening purposes. Any recreational area shall be owned by and be the responsibility of the mobile home park property owners.
Each mobile home foundation shall be enclosed by a skirt securely fastened and extending from the outside wall of the mobile home to ground level around the entire perimeter of the mobile home. The skirt shall be constructed of sturdy wood, plastic, masonry or metal material, rigid, solid and nontransparent; and a consistent material in color harmony with each unit and capable of withstanding extreme weather conditions over extended periods of time. No skirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level. Such skirt shall be installed within 10 days after placement of the mobile home on the foundation.
Minimum site size. Mobile home developments shall be located on well-drained sites comprising a minimum of 20 acres.
Access streets to a mobile home park shall have a right-of-way at least 70 feet in width, the paved surface of which shall conform to the specifications of other park streets as required herein. [See § 142-6C(2) above.]
All mobile home lots containing a mobile home shall have a driveway as prescribed in § 142-6C(3).
Each mobile home lot shall be numbered, and the number shall be prominently displayed.
Grading. The site shall be properly graded to ensure rapid drainage so that no portion of the site is subject to predictable sudden flooding or erosion.
Open space/landscape plantings. All areas of the site not occupied by buildings, units, parking areas, driveways or walkways shall be maintained as lawn area with landscape plantings of trees and shrubs or as natural areas as follows: all areas immediately adjacent to the street or adjoining properties shall be planted with evergreen or deciduous trees for the purpose of visual barrier and noise abatement, which will have a height of at least 72 inches. Such plantings shall be provided to the extent required by the Planning Board in order to provide for the screening, shade and suitable settings for mobile homes and other facilities.
Site lighting. Lighting shall be provided at all entrances and exits to the mobile home development and all internal streets, intersections, walkways and common areas. Such lighting shall meet the industry standards as prescribed by AASHTO Standards For Roadway Lighting. Alternative lighting for each mobile home stand may be required.
Circulation/access. Where a mobile home development has more than 24 mobile home units, two points of entry and exit shall be provided, which shall be separated by a minimum of 200 feet and shall be designed as follows:
Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the development and to minimize friction with the free movement of traffic on a public highway.
All entrances and exits shall be at right angles to the existing public highway.
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
Required storage space. Storage space within a separate building shall be provided in an amount equal to at least 80 square feet for each mobile home lot in the mobile home development.
No mobile home park license shall be issued unless and until the water system thereof is connected to and serviced by a public water supply and distribution system and approved by the Erie County Health Department. The water system of a mobile home park shall be connected by pipes to each mobile home stand.
All plumbing in a mobile home park shall be constructed and maintained in accordance with standards approved by the Erie County Health Department and with all applicable state and local laws and regulations.
All waste from showers, tubs, toilets, laundries, faucets, sinks and lavatories shall be wasted into a public sewer system. Each mobile home park lot shall be provided with a satisfactory sewer connection approved by the Erie County Health Department or the appropriate county sewer district.
An electric outlet shall be provided for each mobile home stand. The installation of said outlet shall comply with the National Electric Code and with all applicable state, county and town laws and regulations and be inspected by the New York Board of Fire Underwriters.
Refuse disposal. The storage, collection and disposal of refuse in a mobile home park shall be so managed as to create no health or accident hazards, rodent harborage, insect-breeding areas or pollution of air or water. All refuse shall be stored in flytight, watertight and rodentproof containers. Insect and rodent control measures to safeguard public health as recommended by the Erie County Health Department shall be applied in all mobile home parks. Collection at individual units by a licensed contractor is required and is the responsibility of the mobile home park owner.
Management. In each mobile home park, there shall be an enclosed bulletin board which includes the name, address and telephone number of the park operator/owner and a copy of the park license.
A variance of these standards may be granted by the Planning Board where said Board finds that because of unusual circumstances of shape of premises, topography of premises or other existing conditions, extraordinary hardship would result from strict compliance with these standards for mobile home parks. Said Board may vary the applicability of said standards so substantial justice may be done and the public interest served. No variance shall be granted which will have the effect of nullifying the intent or purpose of this chapter.
It shall be unlawful to increase the living or storage space of any mobile home without first obtaining a permit from the enforcement officer. This shall not preclude or prohibit the erection of a storm shelter or seasonal enclosure thereon, provided that a permit is secured therefor, and provided that storage space is not afforded in the storm shed. Awnings or canopies may be attached to mobile homes and an outdoor, unenclosed patio may be constructed, to the rear of the front setback. Canopy roofs constructed of metal are prohibited.
No occupied mobile home shall be located in a mobile home park in any area other than upon a mobile home park lot.
Mobile home parks shall, at all times, be maintained in a clean and sanitary manner in accordance with the provisions of this chapter and with any other requirements imposed as a condition of granting a license or the renewal thereof. Nothing in this chapter shall be construed to abrogate any of the provisions of the Erie County Health Department or of the Public Health Law of the State of New York, as the same now provide, or as the same may hereafter be amended. In the event of inconsistencies existing between the provisions of this chapter and said code or law, said code or law shall govern.
Health and safety considerations:
The licensee shall be obligated to remove snow and maintain all park streets in a manner which allows free access to emergency vehicles.
The mobile home park shall not be subject to hazards such as objectionable smoke, noxious odors, unusual noises or flooding.
The licensee shall be responsible for snow removal of all mobile home park streets to the public highway.
No parking shall be allowed on park streets.
Supplementary vehicle parking at the ratio of one space per every two units shall be provided or at such ratio as determined by the Town of Eden Planning Board.
Performance bonds; maintenance. Prior to the issuance of a license or renewal thereof for the operation of a mobile home development, a certificate by the Town Clerk shall be submitted certifying that the applicant has complied with the following:
Performance bond. The developer/contractor shall post with the Town Board a certified check or bond made out to the Town of Eden in an amount sufficient to cover the full cost of installing the required improvements as verified by the Town Engineer. In the case of a bond filed, it shall be with surety satisfactory to the Town Board, and the time for the completion of the improvements and installations shall be specified, such time to be satisfactory with the Town Board.
Maintenance bond. The developer/contractor shall submit one maintenance bond to guarantee the maintenance and repair of all the improvements in the mobile home park for one year after the initial issuance of the mobile home park license by the town. The bond shall be for 10% of the full value of the improvement and in a form acceptable to the Town Attorney.
Before a mobile home park commences operation, the Building and Zoning Inspector shall make an inspection of the premises to determine that all of the requirements of this chapter have been complied with before he or she grants and issues a certificate of occupancy.
If the Building and Zoning Inspector finds that such mobile home park is not being maintained in a clean, orderly and sanitary condition, or that such mobile home park is not being operated in accordance with the provisions of this chapter or any conditions of its license, he or she shall serve upon the licensee, his or her agent or employee, an order, in writing, directing that the conditions therein specified be remedied within five days after the service of such order. If after the expiration of such period such conditions have not been corrected, the Building and Zoning Inspector may cause the matter to be brought before the Town Justice as a violation pursuant to § 142-9 below, and in lieu thereof or in addition thereto, the Building and Zoning Inspector may bring the matter to the attention of the Town Board, which after a hearing may revoke the applicable license or refuse to renew the same at its expiration or take either action upon such conditions as it sees fit.
Any person who violates any provision of this chapter shall be guilty of a violation and subject to a fine of not more than $250, imprisonment not to exceed 15 days, or both such fine and imprisonment. The imposition of any penalty for a violation of this chapter shall not excuse the violation or permit it to continue.
The Town Clerk and the enforcement officer are directed to maintain one copy of this chapter and all revisions and amendments thereto in their respective offices where they may be inspected by any interested person.
It shall be the duty of the Town Clerk to perform all tasks assigned by the provisions of this chapter. Among other duties, the Town Clerk shall collect, record and turn over to appropriate town officials all moneys received from license applications, license renewals, permits and such other certifications as provided for in this chapter or by the Town Board.
Fees for licenses, applications, renewals, permits and such other authorizations by the Town of Eden as provided for in this chapter shall be established by the Town Board by type and amount.
The owner(s) of mobile home parks existing as of the effective date of this chapter shall: