[HISTORY: Adopted by the Board of Trustees
of the Village of Fair Haven 1-8-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 46.
Flood damage prevention — See Ch. 68.
Zoning — See Ch. 150.
[1]
Editor's Note: This local law also repealed
former Ch. 91, Mobile Homes, adopted 2-7-1994 by L.L. No. 1-1994.
The title of this chapter shall be the "Village
of Fair Haven Manufactured Home Law."
It is the intent of this chapter to preserve
the health, safety and welfare of occupants of manufactured housing
in the Village of Fair Haven by ensuring that suitable plans are prepared
and provisions made for the placement of such upon individual lots
provided with water, sewage disposal, parking and access to said occupancies.
A.
For the purpose of this chapter, words and terms used
herein shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, partnership
and, as well, the individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is mandatory.
(6)
The words "used or occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be occupied."
B.
Any word or term not defined herein shall be used
with a meaning of standard usage.
C.
CAMPGROUND (CAMPSITE)
MANUFACTURED HOME
MANUFACTURED HOME PARK
MOBILE HOME
MODULAR HOME
NONCONFORMING USE
PERMANENT RESIDENCE
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE PARK
Unless a contrary intention clearly appears, the following
words and phrases shall have, for the purpose of this ordinance, the
meanings given in the following clauses:
A dedicated area set aside for camping and which typically
charges a fee for use. Campgrounds consisting of dedicated campsites
typically feature a few (sometime no) improvements, and many just
consist of open pieces of ground where a camper can pitch a tent or
may be able to park a recreational vehicle or recreational trailer.[1]
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4-1-1993, transportable in
one or more sections, which in the traveling mode, is eight feet (2,438
millimeters) or more in width or 40 feet (12,192 millimeters) or more
in length, or, when erected on site, is 320 square feet (29.7 square
meters) minimum, constructed on a permanent chassis and designed to
be used 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. The
term "manufactured home" shall not include modular homes.
[Amended 6-9-2014 by L.L. No.
1-2014]
Any lot on which three or more manufactured homes are parked
or located, and for which use of said premises are offered to the
public or to any person for a fee of any type, including cost sharing
or time sharing.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode, is eight feet (2,438 millimeters) or
more in width or 40 feet (12,192 millimeters) or more in length, or,
when erected on site, is 320 square feet (29.7 square meters) minimum,
constructed on a permanent chassis and designed to be used 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 "mobile home" shall not include
travel trailers or any self-propelled recreational vehicle.
[Amended 6-9-2014 by L.L. No.
1-2014]
A home built to New York State Building Code standards, comprised
of two or more sections, each of which is transported separately to
an intended building site, with installation of heating system and
application of siding coming after erection of the home, and which
when fully erected is nearly indistinguishable from a conventionally
built home.
[Amended 6-9-2014 by L.L. No.
1-2014]
shall have the same meaning as set forth in Chapter 150, Zoning, of the Code of the Village of Fair Haven.
[Added 6-9-2014 by L.L. No. 1-2014]
A place where a person maintains a fixed, permanent and principal
home and to which he, wherever temporarily located, always intends
to return.
A vehicle such as a park model, camper or motor home used
for traveling and/or recreational activities. A recreational vehicle
is not intended for use as a permanent residence.
Any parcel or tract of land under the control of any person,
organization, or governmental entity wherein two or more recreational
vehicle, recreational park trailer or other camping unit sites are
offered for use by the public or members of an organization.
[1]
Editor's Note: The former definition of "factory-built homes,"
which immediately followed this definition, was repealed 6-9-2014
by L.L. No. 1-2014.
B.
No manufactured home shall be occupied until a certificate
of occupancy certifying that the manufactured home has been installed
and is in compliance with the provisions of this chapter is issued
by the Code Enforcement Officer.
C.
All individual lots upon which manufactured homes
are placed shall comply with the standards set forth in the Zoning
Law of the Village of Fair Haven.
D.
All manufactured homes placed on individual lots shall
conform to the standards set forth in the New York State Uniform Fire
Prevention and Building Code.[2] Such standards govern compliance with applicable federal
standards; placement on manufactured home stand; connection to utilities;
provision of the appropriate support, anchoring, and stabilizing systems;
porches, stairways and landings; provision of clearance with other
structures.
E.
All manufactured homes shall be skirted in an attractive
manner.
F.
All manufactured homes intended to be used as a permanent
residence shall meet the minimum square footage of 960 square feet.
G.
All manufactured homes and mobile homes currently existing within
the Village of Fair Haven shall be unaffected by the terms of this
chapter with the following exceptions:
[Amended 6-9-2014 by L.L. No.
1-2014]
(1)
If the location of a currently existing manufactured home or mobile
home is changed to a new location within the Village of Fair Haven,
the manufactured home or mobile home shall comply with all the terms
of this chapter and all other laws of the Village of Fair Haven at
its new location.
(2)
All manufactured homes or mobile homes lawfully existing on or before July 31, 2014, within the Village of Fair Haven shall be deemed a nonconforming use and shall thereafter be subject to the provisions of Chapter 150, Zoning, of the Code of the Village of Fair Haven, including, but not limited to the provisions in Article VII of Chapter 150, Zoning, of the Code of the Village of Fair Haven.
As per the New York State Real Property Law
§ 233, a manufactured home park must consist of three or
more manufactured homes.
A.
It shall be unlawful, within the Village of Fair Haven, for any person or persons to construct, operate, expand, or change/alter a manufactured home park without first securing a special permit pursuant to § 150-40 of the Zoning Law of the Village of Fair Haven and in further compliance with the regulations of this chapter.
B.
Any applicant for a manufactured home park special
permit shall submit a plan that is in compliance with the federal,
state and county requirements for operation and maintenance.
(1)
The Planning Board shall not recommend approval of
any manufactured home park which fails to show compliance with the
following standards.
(2)
No permit for establishment of a manufactured home
park shall be issued until a site plan showing the following information
is supplied to the Planning Board:
(a)
Boundaries of plot areas.
[1]
The total number of manufactured home lots shall
not exceed four per acre.
[2]
No manufactured home shall be located on a lot
until the roadways, sanitary sewage disposal system, water supply
and storm drains serving said manufactured home lot have been installed
in accordance with the approved site plan for the manufactured home
park.
(b)
Manufactured home sites or lots.
[1]
No manufactured home or portion thereof shall
be placed closer to any other manufactured home or portion thereof
than 20 feet.
[2]
Each manufactured home shall have parking space
adequate for two vehicles.
[3]
Every manufactured home within the park shall
be located on a designated permanently numbered lot.
[4]
The permit required for any addition to be constructed
on or added or attached to the exterior of any manufactured home shall
be applied for by the owner and/or manager of said park.
[5]
No more than 10 feet by 12 feet or smaller utility
building shall be permitted on a manufactured home lot.
(c)
Entrance, exits and walkways.
[1]
A manufactured home park shall have a paved
entrance road at least 24 feet wide. All other roads shall have minimum
pavement width of 20 feet.
[2]
Each road shall be named and noted upon signs
at each intersection. Each manufactured home shall be assigned a permanent
number which shall be noted on said lot in a location clearly visible
from the road.
(d)
Electric lighting and other outdoor utilities.
[1]
Appropriate street lighting shall be installed
on interior roads and at each intersection of said roads.
[2]
All public utility, electric, gas, cable television,
telephone lines shall be installed underground.
[3]
All fuel storage tanks shall be installed in
accordance with all state, county and local laws.
(e)
Manufactured home park grounds maintenance plan.
[1]
The park owner shall submit a landscape plan
for the park, which includes the margin areas, for approval by the
reviewing agency. The planting as listed in this plan and the maintenance
of lawns, trees and shrubs, including removal of dead plant materials,
shall be the responsibility of the park owner.
[2]
Every road within the manufactured home park
shall be maintained in good repair and shall be open at all times
for travel by occupants of the park and necessary fire, police, ambulance,
public utility maintenance and fuel supply vehicles. The park owner
shall be responsible for providing and paying the cost of such maintenance
and all necessary snow removal.
[3]
Every manufactured home park shall have a recreational
area or open space area for use by the residents. Such areas shall
be as centrally located as the topography and design of the park permits.
Such areas shall not be less than 10,000 square feet or 1,000 square
feet per manufactured home lot in the park, whichever is greater.
[4]
Designated area shall be provided for storage
of boats, campers, travel trailers, and recreational vehicles within
the park.
[5]
At least one framed service building shall be
constructed in each manufactured home park which shall be adequate
to provide for storage of all equipment, tools and materials necessary
for the maintenance of the park.
[6]
No manufactured home shall be offered for sale,
displayed for sale or sold within the park unless such is located
on a permanent numbered lot and is connected to the following approved
utilities: electric, sewer and water.
[7]
All manufactured homes replacing any existing
non-conforming manufactured home shall comply with all provisions
of this chapter.
(f)
Approved method and plan of water dispersal.
(g)
Approved method and plan of sewage disposal.
(h)
Approved method and plan of stormwater dispersal.
(i)
Approved method and plan of garbage disposal.
(3)
Name and address of owner and operator of the manufactured
home park are required for the special permit.
(4)
The provisions of the State Environmental Quality
Review Act (SEQRA) shall be followed prior to issuance of the special
permit.
A.
It shall be unlawful, within the Village of Fair Haven, for any person or persons to construct, operate, expand, or change/alter a recreational vehicle park and seasonal campground without first securing a special permit pursuant to Article VIII § 150-40, of the Zoning Law of the Village of Fair Haven and in further compliance with the regulations of this chapter.
B.
Any applicant for a recreational vehicle park and
seasonal campground special permit shall submit a plan that is in
compliance with federal, state and county requirements for operation
and maintenance.
(1)
The Planning Board shall not recommend approval of
any recreational vehicle park and seasonal campground which fails
to show compliance with the following standards.
(2)
No permit for establishment of a recreational vehicle
park and seasonal campground shall be issued until a site plan showing
the following information is supplied to the Planning Board:
(a)
Recreational vehicle park and seasonal campground
shall comply with the New York State law pertaining to the establishment
of said parks § 233 of the Real Property Law.
(b)
Entrance, exits and walkways.
[1]
A recreational vehicle and seasonal campground
shall have a paved entrance road at least 24 feet wide. All other
roads shall have a minimum width of 20 feet.
[2]
Each road shall be named and noted upon signs
at each intersection.
[3]
Each campsite shall be assigned a permanent
number which shall be clearly visible from the road.
(d)
Recreational vehicle park and seasonal campground
maintenance plan.
[1]
The park owner(s) shall submit a landscape plan
for the park, which includes the margin areas, for approval by the
reviewing agency. The planting, as listed in this plan, and the maintenance
of grass areas, trees and shrubs, including removal of dead plant
materials, shall be the responsibility of owner(s).
[2]
Every road within the park shall be maintained
in good repair while in operation and shall be usable at all times
by occupants of the park and necessary fire, police, ambulance, and
public utility maintenance vehicles. The owner(s) shall be responsible
for providing and paying all the cost of such maintenance and necessary
snow removal.
[3]
At least one framed service building shall be
constructed to provide adequate storage of all equipment, tools, and
materials necessary for park maintenance.
[4]
Recreational vehicles are not to be used as
a permanent residence.
(e)
Approved method and plan of water dispersal.
(f)
Approved method and plan of sewage disposal.
(g)
Approved method and plan of stormwater disposal.
(h)
Approved method and plan of garbage disposal.
(3)
Names of the owner and operator of recreational vehicle
park/seasonal campground are required for the special permit.
Applications of special permits under this chapter
shall be received by the Zoning Officer and forwarded to the Planning
Board, which in turn shall recommend that the application be approved,
approved with modifications, or denied. If the Planning Board fails
to make a recommendation within 62 days of receiving the application,
it will be presumed that the Planning Board recommends approval of
the application.
A.
Any persons, firms, corporation or other violating
any provisions of this chapter shall be deemed guilty of a violation,
and upon conviction thereof, shall be subject to a fine not exceeding
$200, or to imprisonment, for each and every violation. Each week
and every week that such violation continues shall constitute a separate
violation. In no event may imprisonment for any one violation exceed
15 days.
B.
In addition to other penalties, the Village of Fair
Haven may institute any appropriate action or proceeding in a court
of competent jurisdiction to prevent the unlawful erection, construction,
alteration, of any building or land in violation of the requirements
of this chapter.
This chapter may be amended as provided by law.
This chapter is not intended to limit in any
way any laws of the state or federal government or regulatory agencies,
as they pertain to manufactured homes, manufactured home parks and
recreational vehicle parks and seasonal campgrounds. All owners must
comply with all other local, state or federal laws pertaining to manufactured
housing, manufactured home parks and recreational vehicle parks and
seasonal campgrounds.
This chapter shall amend the prior existing
manufactured home, mobile home and recreational vehicle laws or ordinances
of the Village of Fair Haven which are hereby repealed as of the effective
date of the adoption of this chapter, without impairing, however,
rights that may have accrued thereunder before their repeal.
This chapter shall take effect immediately upon
filing in the office of the New York State Secretary of State in accordance
with § 27 of the Municipal Home Rule Law.
