Town of Fishkill, NY Article I General Provisions; Administration

§ 106-1 Application procedure.

The application procedure for approval of a mobile home park shall involve a three-stage process:

A. Application for approval of a land use and development plan to the Town Board.

B. Planning Board review and report to the Town Board on the appropriateness of the proposal in context of the Town Development Plan and this chapter.

C. Public hearing by the Town Board and decision on the special use permit.

§ 106-2 Town Board action.

A. Within 30 days of the date of the public hearing, the Town Board shall, by resolution, act either to approve, approve with modifications or disapprove the general land use and development plan for a proposed mobile home park. Approval or approval with modifications is required for, and shall be deemed to authorize, the applicant to proceed with a detailed design of the proposed development and to submit applications for the approved site development plans which shall be in accordance with the approved general land use and development plan.

B. The Town Board shall not act to approve any application for a mobile home park unless it determines:

(1) That such development will serve to implement the intent and purposes as set forth in Chapter 150, Zoning.

(2) That the location proposed for the mobile home park is suitable and appropriate for such a development.

(3) That such development is otherwise in the public interest.

C. Such conditions and safeguards shall be attached to the special permit as the Town Board deems necessary and appropriate to assure continual conformance to all applicable standards and requirements.

§ 106-3 Mobile home park management responsibilities.

In addition to the procedure and regulations for special permits required under Chapter 150, Zoning, every mobile home park shall be subject to the following licensing regulations:

A. It shall be unlawful for any person to operate any mobile home park within the limits of the Town of Fishkill unless he holds a valid license issued annually by the Town Board in the name of such person for the specific mobile home park. All applications for licenses shall be made to the Town Board, which shall issue a license upon compliance by the applicant with the provisions of this chapter and regulations issued hereunder and of other applicable legal agreements.

B. Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee as provided for in Chapter 68, Fees, for each mobile home site.

C. Licenses shall be valid for a period of one calendar year only. The fee for the renewal of a license shall be 1/2 of the original license fee.

D. Every person holding a license shall give notice in writing to the Town Board within 24 hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application in writing for transfer of the license and deposit of a fee as provided for in Chapter 68, Fees, the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this chapter, regulations issued hereunder and any regulations of the Dutchess County Department of Health.

E. Whenever, upon inspection of any mobile home park, the Town Board or its authorized agent finds that conditions or practices exist which are in violation of any provision of this chapter, regulations issued hereunder or regulations of the Dutchess County Department of Health, the Town Board shall give notice in writing to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Town Board, the license shall be suspended. At the end of such period, the Town Board or its authorized agent shall reinspect such mobile home park, and if such conditions or practices have not been corrected, it shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such mobile home park.

F. The Town Board is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter and regulations issued hereunder, and it shall be the duty of the mobile home park management to permit the Town Board or its authorized agent to inspect the register containing a record of all residents of the mobile home park.

G. A temporary license, upon written request therefor, shall be issued by the Town Board for every mobile home park in existence upon the effective date of this chapter, permitting the mobile home park to be operated during the period ending 180 days after the effective date of this chapter in accordance with such conditions as the Dutchess County Department of Health may require. The fee for a temporary license shall be 1/2 of the original license fee.

§ 106-4 Registration.

The mobile home park management shall keep a register containing the following information for each occupied mobile home:

A. The full name of the mobile home owner and principal occupant.

B. The make, model, year and size of the mobile home.

C. The state and number of vehicle registration.

D. The number and date of site rental and/or vacancy.

§ 106-5 Supervision.

A. The mobile home park management shall supervise the placement of each mobile home stand, which includes securing its stability and installing all utility connections.

B. The mobile home park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter and regulations issued hereunder. The park management shall also post in a conspicuous place a copy of this chapter as most recently altered and amended.

C. The mobile home park management shall maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(1) All ground surfaces shall be maintained, preserved, treated or protected so that soil erosion is prevented and objectionable dust is eliminated through pavement, stone or other solid covering, lawn or other vegetative growth.

(2) No part of a mobile home park shall be used for nonresidential purposes except such uses as are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

(3) Topsoil, existing trees and shrubs shall be preserved where practical and where required by the Town Board as a condition for its approval.

(4) Vegetative growth such as brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects and shall be so maintained as to prevent the growth of poison ivy and other noxious weeds considered detrimental to health. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or insect breeding places. Where the potential for such insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.