This chapter shall be known as the "Mobile Home and Mobile Home Parks
Local Law of the Village of Newark Valley."
The purpose of this chapter is to promote the health, safety and general
welfare of the community, including the protection and preservation of the
property of the Village of Newark Valley and of its inhabitants, by establishing
specific requirements and regulations governing the occupancy and maintenance
of mobile homes and mobile home parks.
For the purposes of this chapter, the following terms, words and phrases
shall have the meanings ascribed to them in this section:
MOBILE HOME
Any portable vehicle which is designed to be transported on its own
wheels, or those of another vehicle, which is used, designed to be used and
is capable of being used as a detached single-family residence and which is
intended to be occupied as permanent living quarters containing sleeping accommodations,
a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical
connections for attachment to outside systems. The mobile home perimeter shall
include all additions thereto except open canopies.
MOBILE HOME LOT
A designated site of specific total land area which is located within
a mobile home park for the accommodation of one mobile home and its occupants.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the placement
of two or more mobile homes which are used as dwellings and for occupancy
for more than 90 consecutive days.
MOBILE HOME STAND
A durable surface located on a mobile home lot which is to be used
for the placement of and is capable of supporting a mobile home.
MODULAR HOUSING
Consists of dwelling units which are factory built, transported to
the site in more than one section, joined together to form a single structure
and permanently anchored to a standard foundation.
TRAVEL TRAILER
Any portable vehicle which is designed to be transported on its own
wheels, which is designed and intended to be used for temporary living quarters
for travel, recreational or vacation purposes and which may or may not include
one or all of the accommodations and facilities included in a mobile home.
Any person, partnership, association, joint venture or corporation being
the owner or occupant of any land within the Village of Newark Valley shall
not use or allow the use of such land for a mobile home park unless a permit
has been obtained as herein provided.
A. Issuance of initial license.
(1) The Village Clerk-Treasurer of the Village of Newark
Valley shall issue a permit to be effective from the day of issuance to and
including the 31st day of December of that same year.
(2) This permit may not be issued until the Village Clerk-Treasurer
has received:
(a) A written application from the applicant (on a form provided
by the Village Clerk-Treasurer).
(b) The required fee as herein provided.
(c) Approval of the application by the New York Department
of Health or the Tioga County Health Department.
(d) A resolution from the Village Board approving issuance
of the permit after a public hearing.
(3) The permit shall not be transferable or assignable.
B. Supplemental permit.
(1) Any person, partnership, association, joint venture or
corporation holding a permit for a mobile home park and desiring to add additional
lots to such park shall file an application for a supplemental permit.
(2) The application for such supplemental permit must be accompanied by three complete sets of plans and specifications as required by §
101-6 of this chapter. The application for a supplemental permit shall be filed and handled in accordance with the procedures set forth in §§
101-5 and
101-6 of this chapter.
(3) When approved in accordance with the procedures established
and upon the receipt of the required fee, the Village Clerk-Treasurer shall
issue a supplemental permit which shall be effective from the date of issuance
to and including the 31st day of December of the same year and theretofore
run concurrent with and become a part of the initial permit.
C. Annual permit renewal.
(1) An application for the renewal of any mobile home park
permit which was issued in accordance with the provisions of this chapter
must be filed with the Clerk-Treasurer on or before 30 days prior to the date
of expiration of the permit.
[Amended 10-3-1994 by L.L. No. 1-1994]
(2) The renewal application shall not be accompanied by a
plan of the park unless changes have been made to it, nor is it necessary
that the application be accompanied by a copy of the lease, if any, unless
a lease has been entered into subsequent to the time of filing the previous
application.
(3) Upon the approval of the Code Enforcement Officer and
by resolution of the Village Board, the Village Clerk-Treasurer shall issue
a renewal permit to be effective upon expiration of the previous permit and
to continue in force for a period of one year.
(4) At the time the renewal permit is issued, the applicant
shall pay the required fee. Issuance of a renewal permit shall be subject
to the payment of the fee as well as the continued compliance with the requirements
of this chapter.
(5) Such renewal permit shall not be transferable or assignable.
D. Permit fees.
(1) The applicant shall pay to the Village Clerk-Treasurer
an annual fee as set from time to time by resolution of the Board of Trustees.
[Amended 10-3-1994 by L.L. No. 1-1994]
(2) The fee for a supplemental permit shall be computed,
determined and paid in the same manner as the initial permit.
The application and related information shall be filed with the Clerk-Treasurer
in triplicate.
A. The Village Clerk-Treasurer shall transmit one copy of
the application and related information to the Code Enforcement Officer. The
Village Clerk-Treasurer shall refer one copy of the application and related
information to the Village Planning Board for review and report prior to final
action by the Village Board, in accordance with the provisions of the health
laws.
B. The Code Enforcement Officer shall inspect the site of
the proposed or existing mobile home park and check the applications and related
information for compliance with the minimum requirements as established by
the rules and regulations of the New York State Department of Health, the
Sanitary Code of the State of New York or the Tioga County Health Code and
the provisions of this chapter, and within 30 days after the date of filing
the application with the Village Clerk-Treasurer, the Code Enforcement Officer
shall submit his written findings to the Village Board, together with his
recommendation as to whether the application satisfies or does not meet the
minimum requirements of the various codes referred to in this chapter.
C. Upon receipt of the application from the Village Clerk-Treasurer,
the Planning Board will, at the next regular meeting following receipt of
the application and supporting information, review the general arrangement
of the proposed mobile home park. This shall include a review of the location
and width of streets and parking areas, the location, size and arrangement
of lots, the location of entrances and exits and the location, type and extent
of landscaping and screening materials. The Planning Board shall transmit
the application, together with its written findings, to the Village Board
within 60 days after the regular meeting at which the application and supporting
information are initially presented. Failure to act within the aforesaid sixty-day
period shall be deemed recommendation of approval when the application and
supporting information are found to be in compliance with this chapter by
the Code Enforcement Officer.
D. The Village Board shall review the findings of the Code
Enforcement Officer and the Planning Board and by resolution indicate approval
or disapproval of the application within 120 days of the date of filing the
application with the Village Clerk-Treasurer, and the applicant shall be notified,
in writing, by the Clerk-Treasurer of the decision rendered within five days
of the date of such decision.
Each application shall be accompanied by three complete sets of plans
prepared by a professional engineer, land surveyor, landscape architect or
other licensed person or agency. The plans shall be drawn to a scale of less
than 50 feet to one inch, shall include the date, North point and scale and
shall furnish the following information:
A. Legal data. The legal data shall include:
(1) The name and address of the applicant or the name and
address of each partner or principal if the applicant is a partnership or
joint venture or the name and address of each officer and director if the
applicant is an association or corporation.
(2) The location and description of the land that is proposed
to be used as a mobile home park.
(3) The number of lots to be provided in such park.
(4) A copy of the standard lot lease, proposed park regulations
and proposed operating policies.
B. Physical features. The physical features shall include:
(1) Contours at five-foot intervals and land areas in excess
of a seven-percent grade by distinctive marking, e.g., cross-hatching, etc.
(2) The location of watercourses, marshes, lakes, ponds and
areas subject to flooding.
(4) Soil types in all parts of the proposed site and results
of soil tests.
C. Existing development. The existing development data shall
include:
(1) A location map which shows all land within 300 feet of
the proposed mobile home park.
(2) The location, names and width of all adjacent streets,
roads and highways.
(3) The location of the underground and overhead utilities
and power within and adjacent to the proposed site.
D. Proposed development. The proposed development data shall
include:
(1) The location and width of all entrances, exits, streets,
walkways and parking areas and easements.
(2) The location, size and arrangement of each lot within
the park.
(3) The method and plan for electric lighting and the type
of lighting, including streetlighting.
(4) The location and plan of all proposed structures and
improvements.
(5) The proposed grading and plans for landscaping.
(6) Proposed stormwater drainage.
(8) Public improvements proposed by the municipality in or
adjoining the proposed park.