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