[HISTORY: Adopted by the Town Board of the Town of Somerset 5-9-1978 as Article XII of the
Zoning Ordinance.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was amended 1-13-1998 by
L.L. No. 2-1998 to change all references from "mobile home" to "mobile/manufactured
home" and from "mobile home court" to "mobile/manufactured home park."
This chapter shall be known and cited as the "Mobile/Manufactured
Home Ordinance of the Town of Somerset, Niagara County, New York."
It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the people of Somerset by the regulations
and restrictions incorporated herein.
[Added 6-11-2002 by L.L. No. 5-2002]
A.
The Town Board of the Town of Somerset adopted a Mobile Home Ordinance
on May 9, 1978, as Article XII of the Town's Zoning Ordinance.
The Town Board amended the ordinance on September 10, 1996, and January
13, 1998.
B.
Both amendments were preceded by numerous work sessions of the Town
of Somerset Planning Board and by public hearings conducted by the
Planning Board and the Town of Somerset Town Board. Input was received
from the Town Attorney, Town Building Inspector, Town Assessor, Town
Engineer and members of the public.
C.
At the time of the amendments, there was considerable discussion
concerning the differentiation between a mobile/manufactured home,
a factory manufactured home (commonly referred to as a "modular home"),
and a "stick-built" home.
D.
The amendments ultimately defined a mobile/manufactured home as a home that meets the requirements set forth in the Code of Federal Regulations of Housing and Urban Development but does not bear the insignia of approval issued by the New York State Fire Prevention and Building Code Council. See § 125-4. A factory manufactured home was defined as a home that had the insignia of approval issued by the New York State Fire Prevention and Building Code Council, thereby certifying compliance with the requirements of the New York State Uniform Fire Prevention and Building Code. See § 205-8. The amendments did not change the Zoning Ordinance's original requirement that mobile homes, now defined as mobile/manufactured homes, were restricted to mobile home parks. See § 125-15.
E.
Depreciation of mobile/manufactured homes.
(1)
Two recurring and interrelated themes at the work sessions and public
hearings were the aesthetic and tax base problems with allowing mobile/manufactured
homes to be located outside of mobile/manufactured home parks. It
was the opinion of the Town Assessor that mobile/manufactured homes
depreciated in value, whereas homes that met the New York State Uniform
Fire Prevention and Building Code (hereinafter referred to as "Code
homes") appreciated in value. There is a Mobile/Manufactured Home
Bluebook Official Market Report published semiannually that lists
the values of mobile homes. The report consistently indicates that
mobile/manufactured homes depreciate in value.
(2)
Additionally, the Town of Somerset is located approximately 25 miles
from the Town of Lockport. Lockport is the site of the largest single
mobile home park in New York State. Many of the participants at the
work sessions and the public hearings had firsthand knowledge from
acquaintances, relatives or friends that mobile homes in Lockport
depreciated in value. The Assessor in the Town of Lockport has confirmed
that he consistently reduces the value of mobile homes as they age
but does not do the same for Code homes.
(3)
Part of the reason for the depreciation is that mobile/manufactured
homes are a distinct housing stock. Although mobile/manufactured homes
are available in a wide range of sizes and prices, they usually differ
from modular or stick-built homes in that they have limited height
and width; they have a chassis; they only have one floor; they have
fewer types of roofs, roof overhangs, roof pitches and siding and,
in general, exhibit less overall variety and design.
(4)
Another reason for depreciation is that under New York State law,
mobile/manufactured homes are titled with the New York State Department
of Motor Vehicles and have a vehicle identification number (VIN).
They are personalty, not realty. By their nature, and legally, mobile/manufactured
homes are mobile and can be moved or removed by repossession, leaving
behind an aesthetically unpleasing empty lot with either a hole in
the ground, if there was a permanent foundation, or concrete piers.
F.
Based on the input at the work sessions and public hearings, the
Town Board finds that mobile/manufactured housing is aberrant housing
that is rationally disfavored; that mobile/manufactured housing would
have an adverse impact on the Town's tax base unless it is restricted
to mobile/manufactured home parks; and that mobile/manufactured housing
would have an adverse impact on the aesthetics in the Town's
neighborhoods unless it is restricted to mobile/manufactured home
parks.
A.
The provisions of this chapter shall supersede local laws, ordinances,
codes or regulations to the extent that such laws, ordinances or regulations
are inconsistent with the provisions of this chapter, provided that
nothing herein contained shall be constructed to prevent the adoption
and enforcement of a law, ordinance or regulation which is more restrictive
or establishes a higher standard than those provided in this chapter,
and such more restrictive requirement of higher standard shall govern
during the period in which it is in effect.
B.
In a case where a provision of this chapter is found to be in conflict
with a provision of a zoning, building, housing, electrical, plumbing,
fire, safety, health, water supply or sewage disposal law or ordinance
or regulation adopted pursuant thereto or other local county or state
law, ordinance, code or regulation, the provision or requirement which
is the more restrictive or which establishes the higher standard shall
prevail.
The following definitions shall apply in the interpretation
of this chapter:
A structure, the use of which is incidental to that of the
mobile/manufactured home, and which is attached thereto or located
on the same mobile/manufactured home lot. Accessory structures include,
but are not limited to, portable, demountable or permanent enclosures,
shade structures and carports.
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
An area or space within a mobile/manufactured home park,
including fences, walls and other minor structures, which is designated
for joint use of occupants or restricted to nonresidential use.
A structure within a mobile/manufactured home park providing
laundry, toilet, recreation, parking or other common facilities, including
a management office and storage buildings.[1]
A specification, code, rule, guide or procedure in the field
of construction of mobile/manufactured home parks or related thereto,
recognized or accepted as authorized.
Space used for living, sleeping, eating or cooking purposes,
excluding kitchenettes, bathrooms, toilet rooms, storage spaces and
enclosures for equipment installations.
A mobile/manufactured home's electrical, plumbing, heating,
ventilating, air-conditioning systems and equipment used for living
purposes, including cooking and refrigeration equipment.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 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. The unit shall meet the
requirements of manufactured home construction and safety standards
as listed in the Code of Federal Regulations Housing and Urban Development,
but not bear the insignia of approval issued by the New York State
Fire Prevention and Building Code Council.
[Amended 9-10-1996 by L.L. No. 2-1996; 1-13-1998 by L.L. No. 2-1998]
Any site, lot, field, plot, parcel or tract of land on which
two or more mobile homes are parked or located and for which use said
premises are offered to the public or to any person for a fee of any
type, including cost sharing.
[Amended 1-13-1998 by L.L. No. 2-1998]
A designated site within a mobile/manufactured home park
for the exclusive use of the occupants of a single mobile/manufactured
home.
That part of an individual mobile/manufactured home lot which
has been reserved for the placement of the mobile/manufactured home.
Any river, pond or canal of at least 200 feet in width or
a railroad embankment or any other barrier which, in the opinion of
the Planning Board, is comparable in effect to a two-hundred-foot
space requirement.
A paved outdoor living space designed to supplement the mobile/manufactured
home living area.
Any person to whom a temporary permit is issued to maintain
a mobile/manufactured home park under the provisions of this chapter.
Any natural individual, firm, trust, partnership, association
or corporation.
An enclosed space designed to provide auxiliary general storage
space for an individual mobile/manufactured home.
Any object constructed or installed by man.
See the definition of "recreational vehicle" in Chapter 80, Campgrounds and Vehicle Parks.
[1]
Editor's Note: The definition of "construction standards,"
added 9-10-1996 by L.L. No. 2-1996, which immediately followed this
definition, was repealed 8-8-2000 by L.L. No. 3-2000. In addition,
the definition of "factory manufactured home," added 9-10-1996 by
L.L. No. 2-1996, was repealed 1-13-1998 by L.L. No. 2-1998.
It shall be unlawful, within the limits of the Town of Somerset,
for any person to park any mobile/manufactured home on any street,
alley, highway or other public place. Emergency or temporary stopping
or parking is permitted on any street or highway for not longer than
one hour, subject, however, to any other and further prohibitions,
regulations or limitations imposed by law, parking regulations or
ordinances.
The size of all mobile/manufactured home parks shall be a minimum
of 25 acres, provided that the location and construction of such court
is approved by the Planning Board and the Town Board of the Town of
Somerset.
A.
Double access. All mobile/manufactured home parks containing 20 or
more mobile/manufactured home lots shall have access from two points
along a single public street or highway or, if bordering on two streets
access can be one for each street, such access points being separated
by at least 100 feet.
B.
Buffer zone. There shall be provided a buffer area between the right-of-way
line of adjacent public highways and any portion of a mobile/manufactured
home lot of at least 100 feet. There shall also be provided a buffer
area between any portion of a mobile/manufactured home and the boundary
of the mobile/manufactured home park of at least 60 feet. Such buffer
area shall be primarily clear of obstruction other than trees and
other natural landscape material and shall not be used for any aboveground
structures; except, however, that 25% of the frontage, as measured
parallel to the public highway, may be used for the display and sale
of mobile/manufactured homes, provided that a special permit has been
issued for this activity by the Planning Board.
[Amended 6-10-1980]
C.
Sales areas. Sales areas are subject to special permit. Commercial areas may be provided for the display and sales of mobile/manufactured homes within the confines of the mobile/manufactured home park and may occupy contiguously 25% of the frontage established in the buffer area. The setback for structures and stored vehicles shall conform to Chapter 205, Zoning, for structures in that zone, but in no case shall the sales area be less than 30 feet from the established right-of-way of a public highway or less than 30 feet from any other property line of the mobile/manufactured home park.
D.
Other principal structures. Private conventional residences and commercial
establishments may be located within the mobile/manufactured home
park. If located with frontage on the public highway, such structures
shall be located in that portion of the buffer zone allocated for
sale areas. If located in an area not considered a buffer zone, lot
location and minimum distances shall be fixed by the Planning Board
after due consideration of each case.
E.
Block lengths. The layout of interior roadways or driveways shall
be such that no block is longer than 500 feet; provided, however,
that this may be extended to 750 feet if an interior walkway is provided
for pedestrian access across the center of the block.
F.
Street or driveway widths. All streets shall have a minimum width
of 40 feet which is completely clear of obstructions to a height of
14 feet.
G.
Street grades. The maximum street grade shall be 7%. Entrance gradients
shall be less than 3% for a distance of 75 feet from the edge of the
right-of-way of the public highway.
H.
Minimum radius. The minimum radius of curvature for any street shall
be 100 feet.
I.
Alignment. Streets shall be laid out so as to intersect as nearly
as possible at right angles, and in no case shall any angle of intersection
be less than 75°.
J.
Streets and parking areas. Street or driveway pavement shall be located
in the center of the street clear zone. If parking provisions are
made within the street, such parking areas may be off the pavement,
and the clear zone (street width) shall be increased proportionately
to provide therefor. If parking provisions are made in parking areas
for three or more vehicles in nodes throughout the park, such areas
shall be located off the pavement considered to be the street or driveway
and in such manner as not to encroach upon the area considered to
be the mobile/manufactured home lot. Provision shall be made for the
parking of two vehicles for each mobile/manufactured home.
K.
Auxiliary parking. Central auxiliary parking areas shall be provided
at a ratio of 200 square feet per mobile/manufactured home lot in
a location which is not contiguous with the lot serviced, such area
being screened from lots and public highways by a coniferous hedge
or other effective vegetation. Auxiliary parking areas are to be provided
for parking trucks, maintenance equipment, boat trailers and utility
trailers.
L.
Mobile/manufactured home lots. All lots shall be rectangular or trapezoidal
unless otherwise approved by the Town Planning Board as meeting all
other requirements of this chapter.
M.
Mobile/manufactured home lot size. All lots shall be a minimum of
7,000 square feet if rectangular or trapezoidal and shall have a minimum
width of 60 feet. In the case where unique and unusual lot designs
are submitted for approval and all other minimum distance requirements
are met, the minimum lot size may be reduced to 5,000 square feet,
provided that the density of mobile/manufactured home units shall
not exceed 6.2 dwelling units per net acre.
N.
Corner lots. Corner lots shall be 1 1/2 times the width and
area of regular lots. If a street makes a turn of 90°, the lot
on the inside shall be considered a corner lot and the lots on the
outside shall be considered radial lots, wherein the width shall be
measured at the distance of 10 feet from the street line.
O.
Double-frontage lots. Double-frontage lots shall not be permitted.
If there is a situation where only one mobile/manufactured home can
be located between streets, then a buffer strip of at least 10 feet
shall be created and suitably planted.
P.
Walkways. Walkways shall be laid out so as to connect all patios
with the street and to connect service buildings, dry yards and storage
lockers with streets. Walkways shall also provide access to recreation
areas if such areas are not located adjacent to a street. Additional
walkways may also be placed along the rear of each lot.
Q.
Recreation space. Recreation space shall be provided in a central
location and at a ratio of 300 square feet per lot. Such space shall
be enclosed with the shrubs or evergreen hedges placed not farther
than 10 feet apart nor higher than four feet.
R.
Public telephone. If public telephones are provided within the court,
they shall be located directly adjacent to service buildings.
S.
Mailboxes. Mailboxes shall be located at a location suitable to the
local post office but shall not be placed in any location where they
constitute a safety hazard to pedestrians or to vehicles.
T.
Trees. All existing trees shall be preserved insofar as possible
in the design of the court.
A.
Minimum lot line distances.
(1)
The following minimum distances shall be maintained when providing
specific locations of mobile/manufactured homes as related to lot
lines with the park:
(2)
In cases of nonrectangular or nontrapezoidal design, these minimum
distances may be reduced if the final configuration of mobile/manufactured
homes does not interfere with the provision of space for patios, walkways
or storage, but in no case shall two mobile/manufactured homes be
closer than 30 feet from the other.
B.
Minimum distances for specific locations.
(1)
The following minimum distances shall be maintained when providing
specific locations of mobile/manufactured homes within the park and
with respect to service or storage buildings:
(2)
The minimum setback from the street line (clear zone rather than
pavement) shall be 10 feet.
(3)
No occupied travel or vacation trailer or other form of temporary-type
living units shall be permitted in a mobile/manufactured home park.
A.
Water supply systems.
(1)
All water supply systems shall be installed as per plans approved
by the Town Superintendent of Water, Sewers and Grounds, the New York
State Department of Health and/or Niagara County Health Department.
Such systems shall be designed to provide a sufficient supply of potable
water, under adequate pressure, to outlets servicing mobile/manufactured
homes, community structures, drinking fountains, hose connections,
hydrants and so on.
[Amended 9-10-1996 by L.L. No. 2-1996]
(2)
Each mobile/manufactured home lot shall be supplied with potable
water from the approved water supply system by a pipe of at least
three-fourths-inch inside diameter to a cold-water tap with a minimum
30 pounds' pressure maintained at the outlet throughout the entire
year. The water supply connection shall be located a safe distance
from the sanitary drainage connection (and shall not be subject to
surface drainage). Means shall be provided for a suitable watertight
connection, without cross-connection and danger of freezing.
(3)
An adequate supply of hot and cold water shall be provided at all
times in service buildings which provide washing and laundry facilities.
B.
Sewage disposal systems.
(1)
All sewage disposal systems shall be installed in accordance with
plans approved by a consulting engineer retained by the Town Board
and/or the Niagara County Health Department. Such systems shall provide
each mobile/manufactured home and community structure containing plumbing
fixtures with an adequate and safe method of sewage disposal. Waste
from all sanitation and washing facilities, including washing machines
at any location within the mobile/manufactured home park, shall be
discharged into a duly approved public sewage disposal system.
(2)
Each mobile/manufactured home lot shall, at a proper location relative
to the mobile/manufactured home, be provided with a trapped sewer
of at least four inches in diameter, and piping shall have a continuous
grade to the point of disposal in an approved public or private sewage
disposal system. Such sewer shall have an airtight connection with
all outfall pipes of any mobile/manufactured home harbored on that
lot. These connections shall be fitted with an airtight cover during
periods of nonuse.
C.
Electrical systems.
(1)
The electrical system shall be designed to provide adequate capacity
to supply the connected load without exceeding the allowable current-carrying
capacity of the conductors. Each mobile/manufactured home lot shall
be provided with a conductor and terminal capable of carrying a minimum
current of 60 amperes.
(2)
An electrical-connection receptacle or terminal box of an approved
weatherproof type shall be provided at each mobile/manufactured home
lot. The receptacle shall be of the polarized type with grounding
conductors and shall have a four-prong attachment for 115/220 volts.
(3)
Prior to occupancy, a mobile/manufactured home must have the approval
of the Electrical Underwriters.
D.
Lighting and wires. Artificial lighting shall be provided to illuminate
walks, driveways and parking spaces for the safe movement of pedestrians
and vehicles at night. Specifically, streetlighting standards shall
be provided as follows:
(1)
Overhead streetlighting standards shall be placed no farther than
100 feet apart, have a minimum clearance above the pavement of 14
feet and shall have a capacity of 100 watts or, if mercury vapor,
250 feet apart at 175 watts or more.
(2)
Alternate-side streetlighting (post lamps) shall be placed not farther
than 60 feet apart, as measured along the center line of the street
(120 feet on one side of the street), have a minimum height of four
feet and a maximum height of seven feet and shall have a capacity
of 60 watts.
(3)
Service buildings shall have sufficient exterior lighting fixtures
so as to properly illuminate entrances and drying yards connected
therewith.
(4)
Streets and service buildings shall be illuminated during all hours
of darkness.
(5)
Wires installed shall be located underground.
E.
Gas piping system.
(1)
All gas piping systems, if installed, shall be designed to provide
a supply of gas sufficient to meet the maximum demand without undue
loss of pressure at the connection to the mobile/manufactured home
farthest from the source of supply.
(2)
Gas connections shall provide a suitable gastight connection to the
mobile/manufactured home.
F.
Refuse disposal. Each mobile/manufactured home lot shall be provided
with at least one twenty-gallon metal garbage can with a tight-fitting
cover. The cans shall be kept in a sanitary condition at all times.
It shall be the responsibility of the park owner to ensure that garbage
and rubbish shall be collected and properly disposed of outside of
the mobile/manufactured home park as frequently as may be necessary
to ensure that garbage cans do not overflow. Exterior property areas
shall be maintained free from organic and inorganic material that
might become a health, accident or fire hazard.
G.
Community fuel storage. A mobile/manufactured home park shall be
provided with facilities for the safe and efficient storage of required
fuels. Liquefied petroleum gas storage containers having a capacity
exceeding 125 gallons shall be located not less than 25 feet from
the nearest mobile/manufactured home, structure, building and lot
line and shall not be subject to damage from moving vehicles. Fuel
oil and other flammable materials shall be stored so as not to be
a fire hazard.
H.
Street paving. All streets within the park shall be paved with concrete,
blacktop or macadam for a minimum width of 20 feet in accordance with
specifications effective for similar development in the balance of
the Town if such specifications are drawn or, in absence of Town specifications,
as per specifications approved by the Town Superintendent of Highways.
I.
Parking area paving. Areas for motor vehicle parking may be surfaced
with uniform-sized crushed stone to a minimum depth of eight inches
in the absence of fully hard or penetrated surface paving.
J.
Walkways. All walkways shall be a minimum width of three feet and
thickness of four inches and shall be provided with joints so designed
as to minimize cracking. All walkways shall be made of concrete or
blacktop or other similar material approved by the Town Highway Superintendent.
K.
Mobile/manufactured home stand. Each mobile/manufactured home lot
shall contain a mobile/manufactured home stand capable of containing
a mobile/manufactured home in a fixed position. The mobile/manufactured
home stand shall be graded with an impenetrable material at least
six inches in thickness. The entire area of each mobile/manufactured
home stand shall not exceed 1 1/2 times the size of the mobile/manufactured
home. The elevation, distance and angle of the mobile/manufactured
home stand in relation to the accessway shall be such as to facilitate
the safe and efficient placement and removal of the mobile/manufactured
home.
L.
Patios. All mobile/manufactured home lots shall be provided with
patios constructed of concrete or blacktop or other similar material
approved by the Town Highway Superintendent and shall be a minimum
size of eight feet by 20 feet and four inches in depth. Patios shall
be located so as to provide safe and easy access from the mobile/manufactured
home.
M.
Stormwater drainage. Mobile/manufactured home parks shall have adequate
facilities for drainage of surface and subsurface water. The entire
mobile/manufactured home park shall be graded to facilitate the safe
and efficient drainage of surface water and to permit no ponding areas
where water will stand for lengths of time. Drainage ditches shall
be provided where necessary to provide for the removal of surface
drainage. Such ditches shall be provided in such a way as not to constitute
a hazard to pedestrians. Gutters, culverts, catch basins, drain inlets,
stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized where deemed
necessary and shall be of a size specified by the Highway Superintendent.
N.
Storage lockers. Storage lockers shall be provided at a minimum ratio
of 100 cubic feet for the lot they service. They shall be of waterproof
construction on all surfaces (including base). Such lockers may be
provided in clusters or as individual structures on each mobile/manufactured
home lot.
O.
Landscaping. Each mobile/manufactured home lot shall be provided
with at least two shade trees with trunks not less than 1 1/2
inches in diameter as measured three feet from the ground. Poplars,
silver or soft maples, box elders, catalpas and horse chestnuts shall
not be planted. The planting of elms is not recommended. Shade trees
shall also be planted at intervals of not less than 50 feet within
the buffer areas to the sides and rear of the mobile/manufactured
home park. Shade trees are recommended in the buffer area between
the public highway and the adjacent mobile/manufactured home lots.
Due regard shall be given to the obstructive qualities of limbs and
branches along mobile/manufactured home movement and accessways.
P.
Monuments. Monuments shall be provided at all corners of the mobile/manufactured
home park. The monuments shall be of material and size approved by
the Code Enforcement Officer or other appropriate authority.
A.
Service buildings shall be located in such a way as to prohibit primary
access directly adjacent to a mobile/manufactured home lot. If such
buildings contain laundry facilities, they shall be located no farther
than 400 feet from any mobile/manufactured home lot which they serve.
B.
Service buildings housing sanitation and laundry facilities or any
other facilities shall be permanent structures complying with the
New York State Fire Prevention and Building Code and the New York
State Sanitary Code and/or all other applicable ordinances and statutes
regulating buildings, electrical installations and plumbing and sanitation
systems.
[Amended 9-10-1996 by L.L. No. 2-1996]
C.
The service buildings shall be well lighted at all times from dawn
to 11:00 p.m. and capable of being lighted between 11:00 p.m. and
dawn, shall be well ventilated with screened openings, shall be constructed
of such moistureproof material, including painted woodwork, as shall
permit repeated cleaning and washing and shall be maintained at a
temperature of at least 60° F. during the period of October 1
to June 1. The floors of such buildings shall be of water-impervious
materials and supplied with drains.
A.
Laundry facilities may be provided by the owner of the mobile/manufactured
home park. If such facilities are provided, they shall be located
in a separate service building and shall provide for one single laundry
tray and one automatic- or semiautomatic-type operable washing machine
for each 10 mobile/manufactured homes or fractional number thereof.
B.
An ample number of individually fused and grounded electrical outlets
shall be provided, supplying current sufficient to operate each washing
machine. Installation of such outlets shall be in accordance with
all other Town regulations applying thereto.
C.
Indoor drying space shall be provided at a ratio of 50 square feet
per mobile/manufactured home lot if automatic drying equipment is
not supplied.
D.
A common outdoor drying yard shall be adjacent to the laundry facilities
and be adequate for the number of mobile/manufactured homes served
in the proportion of 250 square feet per 10 lots or fraction thereto.
Drying yards shall have a uniform-size crushed stone surface not less
than four inches thick. Such yards shall be enclosed by a six-and-one-half-foot
high opaque fence or solid coniferous hedge.
A.
No nonintegral structural addition to or other accessory building
or structure in excess of six feet by eight feet or a total of 48
square feet shall be permitted on any mobile/manufactured home lot.
B.
Awnings may be provided at any size, provided that they are not placed
closer than three feet to an adjacent mobile/manufactured home lot.
In general, mobile/manufactured home parks shall be properly
maintained so as to ensure the desirable residential character of
the property. Specifically, the following shall apply:
A.
Yard maintenance. Mobile/manufactured home parks shall be maintained
reasonably free from holes and excavations, sharp protrusions and
other objects or conditions which might be a potential cause of personal
injury. Walks, steps and driveways that contain holes or tripping
hazards shall be filled, repaired or replaced as the need indicates.
Trees or limbs of trees that constitute a hazard shall be removed;
and driveways shall be clear of snow at all times.
B.
Noxious weeds. Ragweed and other noxious weeds considered detrimental
to health, such as poison ivy, poison oak and poison sumac, shall
be completely eliminated from all areas of the mobile/manufactured
home park. Open areas shall be maintained free of heavy undergrowth
of any description.
C.
Accessory structures. All accessory buildings or structures shall
be kept in good repair, free from health, fire and accident hazards.
They shall be of durable construction and appropriate for intended
use and location. Exterior wood surfaces of all structures that are
not inherently resistant to deterioration shall be periodically treated
with a protective coating of paint or other suitable preservative.
D.
Crushed stone. All areas surfaced with stone shall be kept clear
of all forms of vegetation.
E.
Infestation. Grounds and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for purposes
of extermination shall conform to generally accepted practice.
A.
Every mobile/manufactured home park shall be equipped at all times
with fire equipment in good working order in conformance with those
standards duly adopted as applicable in the fire district within which
the park is located. Fire-protection equipment shall be provided as
approved by the Town Fire Department and shall include necessary hydrants
within the mobile/manufactured home park as required by the Town Board.
B.
No open fires shall be permitted at any place within the park, except
in such places designated for burning.
A.
It shall be unlawful for any person to establish, maintain or operate
or permit to be established, maintained or operated upon any property
owned or controlled by him a mobile/manufactured home within the Town
of Somerset without having first secured a license therefor in compliance
with the terms of this chapter. Such license shall expire on January
1 following the date of issuance but may be renewed under the provisions
of this chapter for additional periods of one year.
B.
The application for such license or the renewal thereof shall be
filed with the Town Clerk and shall be accompanied by the appropriate
fee as hereinafter provided.
C.
The application shall be verified by the applicant, who must be the
legal owner of the property, and shall contain:
(1)
The name and address of the applicant.
(2)
A description of the premises on which the mobile/manufactured home
park is or will be located as will readily identify and definitely
locate the same.
(3)
The number of units to be contained in said proposed mobile/manufactured
home park.
(4)
Such other information as may be required.
D.
The application shall be accompanied by a sketch of the mobile/manufactured
home park plan, showing the following:
(1)
The extent and area used for mobile/manufactured home park purposes.
(2)
Roadways, driveways and sidewalks.
(3)
Location of sites of units for mobile/manufactured homes.
(4)
Method and plan of sewage disposal.
(5)
Method and plan of garbage disposal or removal.
(6)
Plan for water supply.
(7)
Plan for electrical lighting of units.
E.
The Town Clerk shall immediately submit said application and accompanying
plan or other papers to the Planning Board for review. The Planning
Board shall make its review and submit its recommendations to the
Town Board within 15 days, which Board shall consider the same at
its next meeting and approve or disapprove thereof, endorsing such
approval or disapproval thereon. If the application is granted, the
license shall be issued by the Town Clerk, and if disapproved, no
license shall be issued. Any person considering himself aggrieved
by the action of the Planning Board or the action of the Town Board
may, within 30 days thereafter, apply to the Town Board for a review
of such action. The Town Board may thereupon affirm, reverse or modify
its previous action.
F.
Fees, in an amount as set forth from time to time by resolution of
the Town Board, are hereby established for new mobile/manufactured
home parks.
[Amended 9-10-1996 by L.L. No. 2-1996]
[Amended 9-10-1996 by L.L. No. 2-1996]
A.
Upon application in writing by a licensee for renewal of an annual
license and upon payment of the annual license fee in an amount as
set forth from time to time by resolution of the Town Board,[1] the Code Enforcement Officer, with the approval of the
Town Board, shall issue a certificate authorizing the Town Clerk to
renew such license for another year. If any changes have taken place
in the mobile/manufactured home park, the applicant must produce a
revised plan showing said changes before a renewal will be provided.
The application must be supported with current evidence of approval
by the New York State Department of Health if subject to provisions
of the State Sanitary Code.
[1]
Editor's Note: The current fee schedule is on file in
the office of the Town Clerk.
B.
Upon application in writing for transfer of an annual license and
payment of a transfer fee in the amount as set forth from time to
time by resolution of the Town Board, the authorized Town Clerk shall
issue a transfer to the transferee.
A.
It shall be the duty of each licensee and permittee to keep a register
containing a record of all mobile/manufactured home owners and occupants
located within the park. The register shall contain the following
information:
(1)
The name and legal address of all occupants.
(2)
The name and address of the owner of each mobile/manufactured home.
(3)
The make, type, model, year and license number of each mobile/manufactured
home and motor vehicle as well as the registration number of each
mobile/manufactured home and the state and year in which registered.
(4)
The date of arrival and departure of each mobile/manufactured home.
(5)
Forwarding address of each occupant.
B.
The park owner or his agent shall keep the register available for
inspection at all times by law enforcement officers, public health
officials and other officials whose duties necessitate acquisition
of the information contained in the register. The register record
for each occupant registered shall not be destroyed for a period of
three years following the date of departure of the registrant from
the park.
A.
Before any permit shall be issued by the Town Clerk, the enforcing
officer duly appointed by the Town Board of the Town of Somerset to
enforce this chapter shall make an inspection of the lands and premises
with respect to which a permit has been requested to determine that
all of the requirements of this chapter have been complied with.
B.
The Code Enforcement Officer shall have the right at any reasonable
time to enter any mobile/manufactured home park or other lots and
parcels of land used for the parking, using or occupying of a mobile/manufactured
home and shall have the right at all times to inspect all parts of
said premises and to inspect the records required to be maintained
in any mobile/manufactured home park.
C.
Upon inspection, if it is found that any person violated any provision
of this chapter, the Town Board of the Town of Somerset shall have
the right to revoke and suspend any permit issued pursuant to this
chapter and order the removal of the mobile/manufactured home or the
cessation of mobile/manufactured home park operations, as the case
may be, after 10 days' written notice of such violation directed
to the owner of the land and premises affected and the occupant of
the mobile/manufactured home or the operator of the mobile/manufactured
home park, as the case may be, and after a public hearing before the
Town Board, held not less than five days after public notice of such
public hearing.
A.
The Zoning Board of Appeals of the Town of Somerset shall hear and
decide appeals from any order, decision or determination of the Code
Enforcement Officer, and in passing upon such appeals, it shall have
the power to vary or modify the application of any of the provisions
of this chapter and setback requirements.
B.
Any person aggrieved by the granting or refusal of any permit or
by any order, decision or determination of the Code Enforcement Officer
may appeal to the Town Board of the Town of Somerset within 10 days
from the date of determination appealed from. Notice of appeal shall
be in writing and shall be filed with the Town Board and shall be
served personally upon the Code Enforcement Officer. Such notice of
appeal shall specify the order, ruling, decision or determination
from which the appeal is taken, the date on which such order, ruling,
decision or determination was made and if the appeal involves the
granting of a variance or modification of any of the provisions of
this chapter. Such notice of appeal shall specify that a variance
or modification is requested and the nature of the same. Any such
appeal shall be taken, heard and determined in accordance with the
provisions of the Town Law and rules and regulations of the Town Board.
Where the appeal is for a variance, the appellant shall file with
the notice of appeal a copy of all papers submitted with the original
application for a permit and shall, in any event, file with the appeal
papers, all documents, plans, maps and information required by this
chapter.
C.
When, in the judgment of the Zoning Board of Appeals of the Town
of Somerset, the public convenience, welfare and safety will be substantially
served, the Board may, in a specific case, after notice and public
hearing and subject to appropriate conditions and safeguards, grant
variances to the provisions of this chapter in harmony with the general
purposes and intent of this chapter.
[Amended 6-10-1980; 9-10-1996 by L.L. No. 2-1996]
Any person violating any provisions of the chapter shall be
punished by a fine of not more than $250.
