[Adopted by the Town Board of the Town of Tonawanda 11-19-2007
by L.L. No. 13-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 54.
Stormwater management — See Ch. 73.
Sewers — See Ch. 165.
Solid waste management — See Ch. 181.
Zoning — See Ch. 215.
[1]
Editor's Note: This local law repealed former Ch. 195, Trailer
Parks and Camps, adopted 7-15-1974 as Ch. 40 of the 1974 Code of the Town
of Tonawanda, as amended. This local law also provided that it shall be effective
on the first day of January after it shall have been adopted and filed with
the office of the Secretary of State. Said local law was filed 11-23-2007.
As used in this chapter, the following terms shall have the meanings
indicated:
A portable structure designed to be transported on its own wheels,
which is used, designed to be used and capable of being used as a detached
single-family residence and which is intended to be occupied as permanent
living quarters containing sleep accommodations, flush toilet, tub or shower,
kitchen facilities and plumbing and electrical connection for attachment of
outside systems. The definition of a mobile home includes all additions used
subsequent to the installation of the principal structure. This definition
does include double-wide manufactured homes but does not include modular housing
placed on a standard foundation or travel trailers.
The space for rent or lease only in any mobile home park, which shall
be designed for and assigned to occupancy by one mobile home.
Any site, lot, field or plot, parcel or tract of land upon which
two or more mobile homes are parked or located and for which said premises
and/or the mobile homes thereon are offered to the public or any person for
a fee or service.
It shall be unlawful for any person, firm or corporation to establish,
maintain, operate or conduct within the Town of Tonawanda, exclusive of the
corporate limits of the Village of Kenmore, any mobile home park unless duly
licensed so to do as hereinafter provided and unless the same shall be conducted
in strict compliance with said license and all applicable provisions of laws,
ordinances, rules and regulations relating to the same.
Every person, firm or corporation desiring a license to conduct within the Town of Tonawanda, exclusive of the corporate limits of Kenmore, a mobile home park shall first make application in triplicate for such license to the Town Clerk. Said application shall state the name and address of the applicant, the nature and extent of his interest in the business for which a license is desired and whether he is the owner of the property, and if not the owner, then said application shall state the name and address of the owner and shall give a legal description of the property to be used. Said application shall also state the number of units therein and such other information as may be required by the Town Clerk. Such application shall be accompanied by a plan drawn to scale which must clearly show the extent and area to be used for trailers and the location of all the proposed sanitary conveniences, toilets, washrooms, laundry building and the proposed method of sewage disposal or removal and the plan for water supply and lighting. Such application shall also be accompanied by a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 73, Stormwater Management, of the Code of the Town of Tonawanda, if applicable. The SWPPP shall meet the performance and design criteria and standards in § 73-9 of the Code of the Town of Tonawanda.
The Town Clerk shall submit said application and plan to the Code Enforcement
Officer of the Town of Tonawanda, who shall examine the same and inspect the
property and either approve or disapprove the same, and if the same is approved,
such approval shall be endorsed upon the application, and if disapproved,
the application shall be endorsed accordingly, together with the reason or
reasons for such disapproval. If such application is approved by the Code
Enforcement Officer, the same shall be submitted to the Town Board by the
Town Clerk as soon as conveniently possible. The Town Board may grant or deny
the application. The Town Clerk shall not issue a license hereunder unless
such application is approved by the Town Board and shall have endorsed thereon
the approval of the Code Enforcement Officer.
A.
Only one mobile home and only one utility shed or accessory
building shall be permitted on each designated lot.
B.
Mobile homes considered for placement in the Town of
Tonawanda shall not be less than 500 square feet as measured by their exterior
floor area dimensions.
C.
Mobile home lots must be a minimum of 35 feet wide.
D.
Each mobile home lot shall front on an interior roadway.
E.
No mobile home, or attachments thereto, shall be located less than five feet from each side lot line, three feet from the rear lot line and five feet from the front lot line. Utility sheds or outbuildings as permitted under Subsection A above shall be located not less than three feet from either side lot line, three feet from the rear lot line and with a front setback from the park road edge or pavement line of 25 feet minimum and shall not encroach on any required parking areas.
F.
Every mobile home park with 25 mobile homes or more shall
have a recreational area or open space area for use by the occupants of the
mobile home park. Such areas shall be centrally located as the topography
and design of the park permit. Such areas shall be not less than 400 square
feet per mobile home lot in the park. Such areas do not have to be contiguous.
G.
A landscape plan shall be prepared and carried out which
will assure the Planning Board that an appropriate planting of trees and shrubs
and the installation of recreational facilities will be included in the park
design, including screening where necessary.
H.
All public utilities, electric, gas, cable television
and telephone lines shall be installed underground.
I.
All fuel tanks on the mobile home property used for heating
within a mobile home park shall be installed in accordance with National Fire
Protection Association (NFPA) standards.
J.
Appropriately spaced fire hydrants shall be installed,
or access to water sufficient for firefighting, as determined by the Code
Enforcement Officer.
K.
All garbage and waste material in the mobile home park is to be handled pursuant to Chapter 181, Solid Waste Management, of the Code of the Town of Tonawanda.
L.
The maximum ground area for a utility shed or accessory
building shall be 140 square feet, with a maximum height not to exceed the
height of the mobile home on the same parcel. Such buildings shall not be
used for sleeping or living purposes.
N.
O.
No mobile home shall be located on a mobile home lot
until the roadways, sanitary sewage disposal system, water supply systems
and storm drainage system serving said mobile home lot have been installed
in accordance with the approved development plan for the mobile home park.
P.
No boats, campers, travel trailers or recreational vehicles
shall be parked or stored at any place within a mobile home park except in
areas designated and approved for parking areas.
Q.
Each mobile home lot must have not less than two paved
off-street parking spaces.
R.
At least one service building shall be constructed in
each mobile home park which shall be adequate to provide for storage of all
equipment, tools and materials necessary for the maintenance of the park,
and all such equipment, tools and materials shall be stored within said building
when they are not in use.
S.
All mobile homes shall have an electrical connection
approved by the Code Enforcement Officer.
U.
The area between the base of the mobile home and the
ground shall be enclosed, unless the mobile home is placed on a block wall
foundation or a poured concrete foundation. This enclosing must be done within
30 days of the placement of the mobile home on the site.
V.
No enclosure or addition shall be constructed, added
on or attached to the exterior of any mobile home, with the exception of patios,
carports or door porches, which shall not exceed eight feet in width.
No structure, enclosure, addition, vestibule, added room, carport, patio
roof, utility shed, outbuilding or any such building shall be constructed
or placed on the parcel or added to any mobile home without a building permit
first obtained from the Code Enforcement Officer. All of the aforesaid structures
and/or buildings shall be constructed according to the New York State Uniform
Fire Prevention and Building Code.[1]
A.
Every roadway within a mobile home park shall have a
minimum pavement width of 22 feet for two-way traffic, and a minimum right-of-way
width of 50 feet of a hard and dust-free surface. The one-hundred-foot lot
depth is not to include the right-of-way. If culs-de-sac exist, they shall
have a minimum diameter of 70 feet.
B.
Each roadway shall be named and noted upon signs at each
roadway intersection. Each mobile home lot shall be assigned a permanent number
which shall be noted on the mobile home lot in a location clearly visible
from the roadway.
C.
Every roadway within a mobile home park shall be maintained
in good repair and shall allow uninhibited travel by occupants of the park
and necessary fire, police, ambulance, public utility maintenance and snow
removal.
The licensee shall, at all times, allow such persons as the Code Enforcement
Officer, police and/or any other authorized person to enter the park to make
any inspections as would be in the best interest of the town.
Any person, firm or corporation who violates any provision of this chapter
shall be subject to a penalty or revocation of the license, or both. The penalty
shall consist of a fine of not more than $250 or imprisonment for a period
of not more than 15 days, or both fine and imprisonment, or of fine of $500
to be recovered by the Town of Tonawanda in a civil action. Each day that
such violation, disobedience, omission, neglect or refusal shall continue
shall be deemed a separate offense.
The issuance of a license shall not waive compliance with other statutes
or ordinances. The issuance of a license pursuant to the provisions of this
chapter shall not be deemed to waive compliance by the holder thereof, by
the property owner or by an occupant of any mobile home with any statute of
the State of New York or health regulations of the County of Erie. It shall
be the owner's or operator's responsibility to see that each home
unit is in compliance with this chapter.
Each mobile home park shall be under the direct management of the owner
or licensee or his agent or representative. Such person or persons must be
of good reputation and character and shall operate such mobile home park from
an office located on the grounds, in which office shall be maintained a record
which shall include the names of all persons being accommodated at the mobile
home park, and there shall be displayed in such office the license for that
particular mobile home park. Such records shall be opened for inspection of
the Code Enforcement Officer and all law enforcement agencies and the Town
officials at all times.
In case of a refusal to issue a license, the applicant may appeal from
such refusal within 30 days from the time of such refusal to grant such license
or revocation of such license to the Zoning Board of Appeals of the Town of
Tonawanda. Said Board shall give notice of hearing as provided in the Town
Law and may, in the interest of justice and general welfare of the Town and
its inhabitants and the peace and good order thereof, reverse or affirm, wholly
or partly, or modify the determination of the Town Clerk or the Town Board
and make such other requirement or decision as, in its opinion, ought to be
made in the premises, but shall have no authority to vary or disregard the
health laws or regulations of the State of New York nor the local Board of
Health nor the Plumbing Code of the Town.[1]
The Town Board at any time may revoke or suspend the permit granted
under authority of this chapter for failure to comply with any of the terms
of this chapter or any law or regulation.
A.
After the return of the application to the Town Clerk
with the approval of the Code Enforcement Officer and the Town Board thereon,
the Town Clerk shall issue a license to the applicant upon payment of the
fees as herein provided.
B.
Fee.
(1)
The annual fee for each mobile home park shall be in
the sum of $250, which shall be paid on January 1 of each year.
(2)
Failure on the part of the licensee to make any payment
as herein provided shall automatically and without notice constitute a revocation
of such license.
(3)
All licenses under this chapter shall be effective until
January 1 succeeding the date of issuance of such license except as herein
provided.
(4)
No fee or portion thereof shall be refunded.
A mobile home park shall be located in a Performance Standards Use District
as specified in the Zoning Local Law of the Town of Tonawanda.[1]
A.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed or permitted
to exist shall constitute a separate offense.
