[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley 9-6-1978 by L.L. No. 1-1978. Amendments
noted where applicable.]
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:
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.
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.
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.
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.
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.
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:
(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.
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.[1]
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.
(3)
Wooded areas.
(4)
Soil types in all parts of the proposed site and results
of soil tests.
C.
Existing development. The existing development data shall
include:
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.
(7)
Proposed utilities.
(8)
Public improvements proposed by the municipality in or
adjoining the proposed park.
(9)
Existing zoning.
A.
Site.
(1)
The park shall be located in areas where grades and soil
conditions are suitable for use as mobile home sites.
(2)
The park shall be located on a well-drained site which
is properly graded to ensure rapid drainage in order that the park is free
at all times from stagnant pools of water.
(3)
The park shall be free from heavy or dense growth of
brush and woods.
(4)
The park shall have at least 150 feet of frontage on
a public road.
B.
Mobile home lots. Each mobile home park shall be marked
off in lots. Each mobile home lot shall have a total area of not less than
25,000 square feet but must be large enough to provide sewage disposal in
accordance with the requirements of the Tioga County Health Code.
[Amended 10-11-1999 by L.L. No. 9-1999]
C.
Mobile homes.
(1)
No mobile home shall be parked or otherwise located nearer
than a distance of:
(2)
Only one mobile home shall be permitted to occupy any
one mobile home lot. Any mobile home in excess of 18 feet in width for more
than 50% of its entire length must occupy two mobile home lots as defined
above.
(3)
Each mobile home must be provided, within 60 days after
the hookup of utilities, with perimeter skirting securely fastened and extending
from the outside wall of the mobile home to ground level around the entire
perimeter of the mobile home. The skirt shall be constructed of sturdy wood,
plastic or metal material capable of withstanding extreme weather conditions
over extended periods of time.
D.
Mobile home stands.
(1)
Each mobile home lot shall have a mobile home stand which
will provide for the practical placement on and removal from the lot of both
the mobile home and its related accessory structures and for the retention
of the mobile home on the lot in a stable condition.
(2)
The stand shall consist of lateral or longitudinal runners
or pillars of at least eight-inch concrete to fit the dimensions of the anticipated
mobile homes and their related accessory structures and/or appendages.
(3)
The surface upon which the stand is to be placed shall
be constructed of an appropriate nonporous material which is durable and adequate
for the support of the maximum anticipated loads. This surface shall be suitably
graded to permit rapid surface drainage.
E.
Accessibility.
(1)
Each mobile home park shall be directly accessible from
an existing public highway, street or right-of-way.
(2)
Where a mobile home park has more than eight mobile home
lots, two points of entry and/or exits shall be provided, but in no instance
shall the number of entry and exit points exceed four.
(a)
Such entrances and exits shall be designed and strategically
located for the safe and convenient movement into and out of the park and
to minimize friction with the free movement of traffic on a public highway
or street.
(b)
All entrances and exits shall be at right angles to the
existing public highway or street.
(c)
All entrances and exits shall be free of any material
which would impede the visibility of the driver on a public highway or street.
(d)
All entrances and exits shall be of sufficient width
to facilitate the turning movements of vehicles with mobile homes attached.
(3)
Each park shall have improved streets to provide for
the convenient access to all mobile home lots and other important facilities
within the park. Streets shall be improved with a minimum twelve-inch gravel
base and a topping of an all-weather, dustless material.
(a)
The street system shall be so designed as to permit the
safe and convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topography and shall
have suitable alignment and gradient for traffic safety.
(c)
All streets shall intersect at an angle of between 70°
and 90°.
(d)
All streets shall have a minimum right-of-way width of
50 feet.
(4)
An all-weather, dustless driveway/off-street parking
area shall be provided for each mobile home lot. This driveway/off-street
parking area shall have a minimum width of 10 feet and a minimum length of
20 feet.
F.
Parking. Additional off-street parking areas shall be
provided at strategic and convenient locations. Such parking areas shall provide
space for at least two standard automobiles for each mobile home in the park.
G.
Utilities and service facilities.
(1)
The following utilities and service facilities shall
be provided in each mobile home park and shall conform to the regulations
and requirements of the New York State Department of Health and the Sanitary
Code of New York State or the Tioga County Sanitary Code.
(a)
A storm drain plan designed to convey all stormwater
into natural watercourses and to maintain the park area free from standing
pools of water shall be required.
(b)
A continuous, adequate supply of potable water for drinking
and domestic purposes shall be supplied by proper piping to all mobile lots
and buildings to meet all requirements of the park. Each mobile home lot shall
be provided with proper water connections.
(c)
Each mobile home lot shall be provided with a sewer line
terminated in a suitable connection for coupling to a mobile home for the
collection of all waste from the shower, tub, flush toilets, lavatories, sinks
and automatic washing machines in such home. The sewer line shall be connected
to a public sewer system, if such is available, or to a central private sewage
system and so designed as not to present a health hazard. Sewer connections
in unoccupied lots shall be so sealed as to prevent the emission of any odors
and the creation of breeding places for insects.
(d)
Garbage and rubbish shall be stored in receptacles with
tight-fitting lids and shall be collected and disposed of at least once in
every seven days in compliance with local health codes.
(2)
Service buildings shall be provided as deemed necessary
for the normal operation of the park. Such buildings shall be maintained by
the owner(s) or manager(s) of the park in a clean, sightly and sanitary condition
in compliance with local health codes.
(3)
All electrical service lines in the park shall be buried.
Each mobile home lot shall be provided with weatherproof electric service
connections and outlets of a type approved by the New York State Board of
Fire Underwriters.
I.
Landscaping.
(1)
Lawn and ground cover shall be provided on those areas
not used for the placement of mobile homes and other buildings, walkways,
roads, streets and parking areas.
(2)
Planting shall be provided to the extent needed to provide
for the screening of objectionable views, including laundry facilities and
garbage storage and collection areas, as well as to provide a suitable setting
for the mobile homes and other facilities.
(3)
Additional plantings shall be provided along the perimeter
of the park which fronts upon existing public highways, streets and roads,
as well as adjacent properties, in order to reduce glare and noise and to
provide pleasant outlooks for the living units.
(4)
Suitable ground cover shall be provided on all areas
subject to elemental erosion.
A.
Prohibition of mobile homes.
(1)
No mobile home or travel trailer shall be parked or allowed
to remain upon any street, highway, road or other public place, except for
emergency stopping or parking, when caused by mechanical or other failure,
in which case the mobile home or travel trailer shall be permitted to remain
upon the shoulder of any highway, street or road for a period of not more
than 72 hours, subject, however, to prohibitions, limitations and requirements
imposed by other laws or regulations.
(2)
No mobile home shall hereafter be parked or otherwise
placed within the Village of Newark Valley and outside of a mobile home park
holding a current permit issued in accordance with this chapter, except as
follows:
(a)
Each mobile home shall be placed upon an individual lot
containing no less than 25,000 square feet, with a minimum of 150 feet, plus
the front width of the mobile home, as frontage on a public highway, street
or road.
[Amended 10-4-1999 by L.L. No. 4-1999; 5-8-2000
by L.L. No. 1-2000]
(b)
Each mobile home shall be located at least 20 feet from
the interior side and at least 20 feet from the rear property line of the
mobile home site.
(c)
Each mobile home shall be located at least 30 feet from
the front property line or in line with other residences on the street, whichever
is further.
(d)
Each mobile home shall be set upon a permanent masonry
foundation. The foundation shall be enclosed by a skirt securely fastened
and extending from the outside wall of the mobile home to ground level around
the entire perimeter of the mobile home. No skirt shall be required where
a perimeter-type foundation is employed.
(e)
As a condition of receiving a permit from the Village
of Newark Valley, said mobile home will meet the following standards and any
other standards deemed necessary by the Village of Newark Valley:
[Added 8-4-1997 by L.L. No. 3-1997]
[1]
General requirements. For the purpose of this section,
"mobile home" means a structure transportable in one or more sections which,
in the traveling mode, is eight body feet or more in width and 40 body feet
or more in length or, when erected on site, is 320 or more square feet and
which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities
and includes the plumbing, heating, air-conditioning and electrical systems
contained therein.
[2]
Construction standards. Mobile homes shall be constructed
in accordance with regulations set forth in the Code of Federal Regulations
(CFR), Title 24, Housing and Urban Development, Chapter XX, Office of Assistant
Secretary for Housing - Federal Housing Commissioner, Department of Housing
and Urban Development, Part 3280, Manufactured Mobile Home Construction and
Safety Standards.
[3]
Certifying labels. Every mobile home shall have a manufacturer's
label which certifies that, to the best of its knowledge and belief, the mobile
home is in compliance with all applicable federal construction and safety
standards.
[4]
Data plate. Every mobile home shall bear a data plate,
affixed in the manufacturing facility, bearing not less than the following
information:
[5]
Heating and cooling certificate. Every mobile home shall
bear a heating and cooling certificate relative to the heating and insulation
zone and outdoor design temperature.
(f)
No travel trailer, boat, motor home or any other type
of recreational vehicle is allowed to be placed upon any property within the
Village of Newark Valley to be utilized, either permanently or temporarily,
for residential or business purposes.
[Added 8-4-1997 by L.L. No. 3-1997]
B.
Additional standards.
(1)
Health standards. Each mobile home shall comply with
the requirements of the Tioga County Health Board or the Tioga County Health
Code relative to the installation of mobile homes.
(2)
Utilities. Provision shall be made for a water meter
in compliance with specifications furnished by the Village Supervisor of Public
Works.
(3)
Sewage disposal. The mobile home must be connected to
adequate sewage disposal facilities which will conform to all State and County
Department of Health requirements for mobile homes.
(4)
Sidewalks. The owner of the land whereon the mobile home
is situated must construct and install a sidewalk if adjoining property owners'
sidewalks abut the mobile home site property to comply with specifications
maintained by the Village Supervisor of Public Works. Failure to do so within
60 days from the date of issuance of the mobile home permit will void said
mobile home permit.
(5)
Drainage facilities. The owner of the land whereon the
mobile home is situated must consult with the Village Supervisor of Public
Works to determine whether or not any driveway constructed from a public street
to the mobile home site will require a sluice or other drainage facilities,
and such determined facilities must be constructed within 60 days from the
date of issuance of the mobile home permit. Failure to do so within the time
period will void said mobile home permit.
C.
An occupancy permit shall be issued by the Village Clerk-Treasurer
upon completion of all of the following:
A.
Any person, firm or corporation who or which violates,
disobeys, neglects or refuses to comply with or who or which resists the enforcement
of any of the provisions of this chapter shall be guilty of an offense and,
upon conviction thereof, shall be subject to a fine of not more than $250,
up to 15 days' imprisonment, or both.
[Amended 10-3-1994 by L.L. No. 1-1994]
B.
Each week a violation is continued shall be deemed a
separate offense.
C.
The occupancy of a mobile home without an occupancy permit
shall constitute a violation of this chapter.
D.
The penalties provided herein shall be cumulative and
shall be in addition to any other penalties provided by law.
A.
None of the provisions of this chapter shall be applicable
to the following:
(1)
The business of mobile home or travel trailer sales,
except that where units are used as living quarters, such units shall conform
to the provisions of this chapter.
(2)
A mobile home located on the site of a construction project,
survey project or other similar work project and which is used solely as a
field office or work- or toolhouse in connection with such project, provided
that such mobile home is removed from such site within 30 days after the completion
of such project.
B.
Any mobile home lot in existence at the time of enactment of
this chapter and which does not conform to the requirements of this chapter
may not be sold as a mobile home lot, and any mobile home may be replaced
on such a nonconforming lot, provided that the mobile home installation and
the mobile home lot comply with all requirements of this chapter. Further,
all nonconforming mobile homes located outside of mobile home parks in use
as a primary residence at the time of enactment of this chapter shall take
such steps as may be necessary to comply with the minimum state and/or county
health standards within one year following enactment of this chapter.
[Amended 10-3-1994 by L.L. No. 1-1994]
A.
Code Enforcement Officer. The Village Board is hereby
authorized to appoint the Code Enforcement Officer for the Village of Newark
Valley. Such Officer shall have the duties imposed by this chapter and other
such duties as may be imposed by the Village Board. Such Officer shall have
the right to inspect the exterior of any mobile home, trailer, structure or
any mobile home lot or any mobile home park and to perform any other act necessary
for the enforcement of this chapter or any rule or regulation made pursuant
thereto. The Village Board shall establish the amount of compensation to be
paid by the Board to the Code Enforcement Officer for the performance of his/her
duties, and thereafter, payment of such compensation for such duties shall
be proper.
