[HISTORY: Adopted by the Town Board of the Town of Niles 7-6-1989
by L.L. No. 2-1989. Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Law, Town of Niles."
This chapter is enacted pursuant to Article 9, § 130, Subdivision
21, of the Town Law and the Municipal Home Rule Law of the State of New York.
As used in this chapter, the following terms shall have the meanings
indicated:
Is defined by the terms of the New York State Uniform Fire Prevention
and Building Code, Chapter D, as now written or as may hereafter be amended.
A parcel or adjoining parcels of land, whether a subdivision (as
defined in the Public Health Law of the State of New York, Article 11, Title
II, § 1115, as now written or as may hereafter be amended) or not,
owned, leased, rented or otherwise controlled by any party, designed and improved
for the placement of two or more mobile homes for nontransient use. In a mobile
home community, the land area allocation (lot size) for each mobile home shall
be a minimum of two acres.
Residence for a period in excess of 90 days in a three-hundred-sixty-five-day
period.
A mobile structure, transportable in one or more sections, either
under its own power or by another power source, and having a smaller square
foot area than a mobile home as defined above in this section, including tents,
pop-up camping trailers and other types of shelters.
A parcel or adjoining parcels of land owned, leased, rented or otherwise
controlled by any party, designed and improved for the placement of no more
than one mobile home for nontransient use.
A.
It is the intent of this chapter to preserve the health,
safety and welfare of occupants of mobile homes and mobile home communities
and those persons using facilities for the accommodation of portable occupancies
in the Town of Niles by ensuring that suitable plans are prepared and provisions
are made for the placement of such occupancies upon private lots or within
communities, so as to provide water, sewage disposal, recreation area, parking
and access to said occupancies.
B.
Covered under this chapter are: mobile homes; double-wide
mobile homes; portable occupancies such as motor homes, travel trailers, campers
and tents; and all of the various types of transportable habitations intended
for use as permanent or temporary residences, by whatever name or names they
may now or hereafter be known.
The establishment of a mobile home community shall be allowed upon paying
the usual permit application fee and filing all necessary documents (obtainable
from the Town Clerk), including the State Environmental Quality Review Act
(SEQRA) assessment form and any environmental impact information required,
and upon compliance with the requirements of this chapter.
A.
No portable occupancy shall be used as a permanent residence.
B.
All mobile homes, whether on private lots or within communities,
shall have a minimum area of 900 square feet, which area shall be calculated
based only on the mobile home structure itself, as originally manufactured.
[Amended 1-20-1994 by L.L. No. 1-1994]
C.
No mobile home community shall be established without
issuance of a permit under the terms of this chapter.
D.
No mobile home shall be placed upon a lot, whether private
or within a mobile home community, without issuance of a permit under the
terms of this chapter.
E.
All private lots upon which mobile homes are placed shall comply with the standards set forth in Chapter 164, Setbacks and Lot Area. Prior to the placement of the mobile home upon a private lot, there shall be in place an entrance platform of concrete or other solid, permanent construction. Within 90 days of installation, each mobile home shall be skirted in an attractive manner with fire-resistant material; a door or panel shall be provided in the skirting to permit access.
F.
All lots within a mobile home community shall comply with the standards set forth in § 135-8 of this chapter.
G.
Any mobile home, whether existing before or installed
after the adoption of this chapter, which fails to meet the standards set
forth in this chapter and is unoccupied for a period in excess of one year,
and is located upon a lot which is at least one year in arrears in payment
of property taxes, shall be deemed to be abandoned. An abandoned mobile home
shall be removed at the owner's expense.
H.
A permit shall be required for any parcel of land upon which facilities are proposed for use by the general public to accommodate portable occupancies. A plan containing the information set forth herein under § 135-8A shall be submitted to the Town Board for review and approval as to suitability of the proposed area for such use. The permit for such a facility shall be issued by the Code Enforcement Officer upon order received from the Town Board after compliance with the terms of this chapter has been established.
B.
In any event, all mobile homes placed upon private lots
or within mobile home communities shall conform to the standards set forth
in the New York State Uniform Fire Prevention and Building Code (NYSUFPBC),
Chapter D. Such standards govern compliance with applicable federal standards;
placement on mobile home stand; connection to utilities; provision for appropriate
support, anchoring and stabilizing systems; and provision for clearance with
other structures. If local standards exceed those in the NYSUFPBC, Chapter
D, local standards shall prevail.
C.
Each mobile home lot, private or within a community,
shall be for the exclusive use of a single mobile home and such appurtenant
structures as are usual and necessary to the residence. No other residential
structure may occupy the same two-acre lot.
A.
No permit for establishment of a mobile home community
shall be issued until a plan showing the following information is supplied
to the reviewing agency:
(1)
Boundaries of plot areas.
(2)
Entrances, exits and walkways.
(3)
Mobile home sites or lots.
(4)
Method and plan of sewage disposal.
(5)
Method and plan of garbage disposal.
(6)
Water supply.
(7)
Electric lighting (outdoors).
(8)
Owner's and operator's name(s) and address(es).
(9)
Method and plan of stormwater disposal.
B.
The reviewing agency shall not approve any mobile home
community plan which fails to show compliance with the following standards:
(1)
A mobile home community shall have an area of not less
than 10 acres, and no office or service building or mobile home lot shall
be closer than 75 feet to the street line or another property line.
(2)
A mobile home community shall be located on a well-drained
site suitable for the purpose, with a paved entrance road at least 33 feet
wide and approved by the Town Highway Superintendent.
(3)
Individual mobile home lots within the community shall
have an area of not less than two acres.
(4)
No mobile home or portion thereof shall be placed closer
than 150 feet to any other mobile home or portion thereof.
(5)
Each mobile home shall have an entrance platform of concrete
or other solid, permanent construction to conform with the overall plan. Such
entrance platform shall be in place prior to installation of the mobile home.
(6)
Each mobile home shall be skirted in an attractive manner
with fire-resistant material. A door or panel shall be provided in the skirting
to permit access. The skirting shall be installed within 90 days of the date
of installation.
(7)
Each mobile home lot shall have two gravel or paved parking
spaces suitable for the simultaneous parking of two full-size vehicles.
(8)
County Health Department approval of water and sewer
disposal facilities.
(9)
Method for storm drainage disposal.
(10)
Location for garbage receptacles and a plan for ultimate
disposal of garbage generated by residents of the community.
(11)
Mobile home community grounds maintenance plan. The owner
of the community is responsible for:
(12)
Standard firesafety criteria. NFPA 501A-4 publication
recommendations shall apply in the absence of other guidelines in the previously
stated laws, codes and statutes.
A.
Applications for permits under this chapter shall be
received by the Code Enforcement Officer from the Town Clerk. Permits for
mobile homes to be placed upon private lots shall be issued by the Code Enforcement
Officer upon compliance with the terms of this chapter. Permits for mobile
home communities shall be issued by the Code Enforcement Officer upon order
from the reviewing agency after compliance with the terms of this chapter
has been established.
B.
The reviewing agency for mobile home community permit
applications shall be the Town Board.
A.
Any person, firm, corporation or other entity violating
any provisions of this chapter relating to mobile homes placed upon private
lots shall be deemed guilty of a violation and, upon conviction, shall be
subject to a fine not exceeding $50 or to imprisonment for a term not to exceed
15 days, or both, for each and every violation. Each week and every week that
any such violation continues shall constitute a separate violation.
B.
Any person, firm, corporation or other entity violating
any provisions of this chapter relating to mobile home communities shall be
deemed guilty of a violation and, upon conviction, shall be subject to a fine
not exceeding $250 or to imprisonment for a term not to exceed 15 days, or
both, for each and every violation. Each week and every week that
any such violation continues shall constitute a separate violation.
C.
In addition to other penalties, the Town of Niles may
institute any appropriate action or proceeding to prevent the unlawful installation,
erection, construction or alteration of any structure or alteration of any
parcel of land in violation of the requirements of this chapter.
This chapter may be amended as provided by Town Law.
