The purpose of this chapter is to promote the general welfare of the
Town of Deerpark, including the retention of its rural character, preservation
of the qualities of its natural environment and the protection of its inhabitants
by establishing specific requirements and regulations governing the occupancy
and maintenance of manufactured home parks.
For the purpose of this chapter, the following words, terms and phrases
shall have the meaning ascribed to them in this section:
MANUFACTURED HOME
A transportable single-family dwelling unit intended for permanent
occupancy which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
on a chassis so that it might be towed, not including a modular or sectional
dwelling, recreational vehicle or travel trailer.
MANUFACTURED HOME BASE
A permanent base located on a manufactured home lot which is capable
of supporting and which is used for placement of a manufactured home. Such
base shall consist of concrete pad.
MANUFACTURED HOME LOT
A designated site of specific total land area which is located within
a manufactured home park for the accommodation of one manufactured home and
its occupants.
MANUFACTURED HOME PARK
A parcel or contiguous parcels or land which has been designated
and improved for the purpose of placing 10 or more manufactured homes for
occupancy as single-family dwellings.
SEWER SYSTEM
A system of collection lines and central treatment facilities that
1) discharges treated effluent to a stream pursuant to the discharge requirements
of New York State; or 2) utilizes community subsurface sewage disposal systems
serving 25 or more dwelling units each, provided that any such system shall
be approved by the Township Engineer.
The Building Inspector shall enforce all of the provisions of this chapter
and shall have the right at all reasonable times, to enter and inspect any
manufactured home park or other premises used for the parking and placing
of manufactured homes.
A. If the Building Inspector finds that a manufactured home
park for which a license has been issued is not being maintained in a clean
and sanitary condition or is not being operated in accordance with the provisions
of this chapter, he may serve, personally or by certified mail to the holder
of the license, a written order which will require the holder of the license
to correct the conditions specified in such order within 10 days after the
service of such order. The Building Inspector shall, for purposes of determining
compliance with this chapter, be authorized to make periodic inspections of
all manufactured home parks and shall be provided entry to accomplish that
task. The Town Board shall specify the frequency of such inspections and set
fees to cover costs involved.
B. If the holder of such license shall refuse or fail to
correct the condition or conditions specified in such order within 10 days
after the service of such order, the Building Inspector may suspend such license
and the holder of the license shall thereupon terminate the operation of such
manufactured home park provided residents have been afforded adequate opportunities
consistent with state and/or federal law to relocate.
C. However, if the owner or operator of such manufactured
home park shall thereafter correct such conditions and bring the manufactured
home park into compliance with this chapter, such owner may then apply for
the issuance of a new license for such park and if the application is approved
and a license granted, the applicant shall pay to the Town the fee required
by this chapter without any credit for the fee paid for the license which
was revoked.
D. Any license which is not used for the purpose intended
within two years of the date of issuance, as evidenced by placement of the
home(s) on the designated site, shall automatically expire.
E. No license for a manufactured home park, or any portion of a manufactured home park, shall be issued unless and until all improvements as required herein, including landscaping and screening, have been physically installed, inspected and approved by the Building Inspector, excepting that roads shall be approved by the Town Highway Superintendent in consultation with the Town Engineer as may be required. In those instances where a manufactured home subdivision is to be created and individual lots are to be conveyed for purposes of placing a manufactured home, all required improvements will be installed or financially secured pursuant to § 277 of the Town Law and all other requirements of Chapter
200, Subdivision of Land, of the Code of the Town of Deerpark shall be met. Such subdivisions shall be subject to the development standards provided herein and in Chapter
230, Zoning, and Chapter
200, Subdivision of Land, of the Code of the Town of Deerpark. Should the latter development standards and the standards herein conflict the more restrictive standard shall apply.
None of the provisions of this chapter shall be applicable to the following:
A. The business of manufactured home sales, except that
where units are used as living quarters, they shall conform with the provisions
of this chapter.
B. A modular house, other than a double-wide manufactured
home, that is prefabricated in sections, transported to the building site,
then fastened together and anchored to a permanent and totally enclosed masonry
foundation, provided such house meets all other requirements for single-family
dwellings in the applicable zoning district.