[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:
A.
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.
B.
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.
C.
By the use of standards and regulations for the design
and operation of mobile home parks.
A.
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."
B.
ACCESS STREET
BUILDING AND ZONING INSPECTOR
DEVELOPMENT COVERAGE
DRIVEWAY
FIRE COMPANY
LICENSE
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME STAND
PARK SITE PLAN
PARK STREET
PATIO
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
TOWN PLANNING BOARD
Definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A private way giving access from a public highway to a park street.
The duly appointed Building and Zoning Inspector of the Town of Eden.
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.
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.
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.
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.
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.
That part of an individual mobile home lot which has been reserved
for the placement of a mobile home exclusive of appurtenances.
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.
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.
The duly elected Town Board of the Town of Eden.
The duly elected or appointed Town Clerk of the Town of Eden.
The duly appointed Town Engineer of the Town of Eden.
The duly appointed Planning Board of the Town of Eden.
A.
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.
B.
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.
A.
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.
B.
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:
(1)
The location, boundaries, dimensions and topography of
the tract of land proposed to be used for the mobile home park.
(a)
Signature and seal of the licensed professional engineer
or licensed professional land surveyor.
(b)
Name and address of the property owner.
(c)
Name and address of the applicant.
(d)
An area map at a suitable scale.
(e)
Existing zoning boundaries within 500 feet of the site
should be shown on the area map.
(f)
Existing public streets abutting or crossing the site.
(g)
Existing structures and uses located on the site.
(h)
Legends, North arrow, graphic scale and title block.
(i)
A soil erosion and sedimentation control plan.
(j)
A grading plan.
(k)
Easements, watercourses and rights-of-way.
(l)
Details and specifications for all proposed improvements,
facilities and structures.
(2)
The number, location and size of all spaces reserved
for mobile homes and all service outlets or connections therefor.
(3)
The boundaries of and facilities to be included in recreation
areas.
(4)
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]
(5)
The location of any proposed structures.
(6)
The location, type and capacity of water supply, distribution
and storage, sewage treatment and disposal and stormwater drainage facilities.
(7)
Plans and specifications for all buildings and other
improvements constructed within the mobile home park.
(8)
Plans for any and all landscaping within and/or on the
perimeter of the mobile home park exclusive of individual lots.
(10)
Such other information in such detail as may be reasonably
required by town and/or county reviewing authorities.
C.
Mobile home park design standards.
(1)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
Less than 25 feet from any park street as measured from
the near edge of the pavement.
(e)
Less than 15 feet from the rear line of any mobile home
park lot.
(2)
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.
(3)
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.
(4)
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.
(5)
Requirements.
(b)
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.
(c)
Minimum site size. Mobile home developments shall be
located on well-drained sites comprising a minimum of 20 acres.
(d)
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.]
(e)
All mobile home lots containing a mobile home shall have a driveway as prescribed in § 142-6C(3).
(f)
Each mobile home lot shall be numbered, and the number
shall be prominently displayed.
(g)
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.
(h)
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.
(i)
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.
(j)
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:
[1]
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.
[2]
All entrances and exits shall be at right angles to the
existing public highway.
[3]
All entrances and exits shall be of sufficient width
to facilitate the turning movements of vehicles with mobile homes attached.
(k)
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.
D.
Utilities.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
E.
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.
G.
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.
H.
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.[3]
A.
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.
B.
No occupied mobile home shall be located in a mobile
home park in any area other than upon a mobile home park lot.
C.
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.
D.
Health and safety considerations:
(1)
The licensee shall be obligated to remove snow and maintain
all park streets in a manner which allows free access to emergency vehicles.
(2)
The mobile home park shall not be subject to hazards
such as objectionable smoke, noxious odors, unusual noises or flooding.
(3)
The licensee shall be responsible for snow removal of
all mobile home park streets to the public highway.
(4)
No parking shall be allowed on park streets.
(5)
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.
E.
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:
(1)
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.
(2)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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:
