It shall be unlawful for any person or persons to construct, maintain,
operate, alter or extend a manufactured housing park within the Village of
Groton or to occupy or to permit said park or any portion thereof or any manufactured
housing or other dwelling unit therein to be occupied without the prior issuance
of a construction permit and/or certificate of occupancy, as the case may
be, whichever is first required. Such certificate shall be renewed every year
beginning with the initial date of issuance.
A.
Application for a construction permit shall be filed
with the enforcement officer, who shall be appointed by the Village Board.
B.
The application shall be in writing, signed by the applicant
and shall include the following:
(1)
The name and address of the applicant and the owner of
the land.
(2)
The address and location of the manufactured housing
park.
(3)
A complete plan of the park in conformity with the requirements
of this chapter and any applicable provisions of the Zoning Regulations[1] or other applicable laws of the village, except that if the park is to be developed in phases or stages, detailed plans may be submitted for each phase or stage of development unless otherwise required by the Village or Planning Board. Such plans shall comply with the environmental requirements of this chapter (see Article V).
(4)
Plans by a professional engineer or licensed architect
and an outline of specifications of all structures, buildings, facilities,
improvements or other detailed plans for the specific phase to be constructed
or installed within the manufactured housing park and specifications and plans
of existing and proposed landscaping. Detailed plans may be submitted in phases,
subject to the requirements of the preceding subsection.
(5)
A written statement from the Tompkins County Board of
Health that the park proposal complies with all applicable provisions of the
New York State Sanitary Code.
(6)
A copy of all bylaws, restrictions, rules and regulations
which it is proposed shall be imposed on occupants of the manufactured housing
park by the owner, as filed with the New York State Department of Housing
and Community Renewal.
(7)
Such further information as may be requested by the enforcement
officer to enable him to determine if the existing or proposed park will comply
with all applicable regulations, laws or other requirements.
C.
The application and all accompanying plans and specifications
shall be filed in duplicate with a nonrefundable application fee of $250,
plus $25 per proposed unit.
The enforcement officer shall review the application and the proposed plans and specifications and, before acting thereon, shall immediately forward a copy to the Village Planning Board for its review and recommendations as to compliance with the objectives of the General Plan of the village. A public hearing shall be held by the Planning Board within 62 days from the date the application is filed. Failure of the applicant or his duly appointed representative to appear at the public hearing constitutes automatic disapproval of the application. Notice of such hearing shall be published in the official village newspaper at least five days before such hearing. Within 62 days after the hearing, the Planning Board shall forward its recommendation to the Village Board. The Village Board, within 62 days after receipt of the Planning Board's recommendation, shall approve the application on such conditions as it deems appropriate or shall disapprove the application or shall return the application to the Planning Board for further study and a report to the Village Board within such time period, of not more than 62 days, as the Village Board may direct. Upon receipt of the report from the Planning Board, the Village Board shall either disapprove the application or shall approve it with or without conditions. The Planning Board, in making any final recommendation, and the Village Board, in making any final determination, shall consider or make the determinations required by § 200-76E or F of Chapter 200, Zoning, or as it may be amended from time to time. The Village Board, before making any final determination, may, but shall not be required to, hold a public hearing at least five days after publication of a notice in the official village newspaper. If the application is approved, the Village Board shall forward to the enforcement officer a copy of its final determination, which shall incorporate all applicable recommendations and conditions.
After receipt of the determination of the Village Board, the enforcement
officer shall, within 15 days, approve the application and issue a construction
permit, which shall incorporate or refer to the conditions and shall state
that the construction shall proceed in compliance with this chapter and all
other applicable laws, regulations and ordinances.
When the manufactured housing park is completed or when a significant
phase of development of the manufactured housing park is complete, making
a portion of the home sites safe and appropriate for occupancy, but prior
to any occupancy thereof, the owner shall apply for an occupancy certificate,
which certificate shall forthwith be issued by the enforcement officer if
the manufactured housing park has been constructed in accordance with all
applicable laws, regulations and ordinances and in accordance with the plans
and specifications as approved by the Village Board and provided that a permit
to operate said park has been issued by the Tompkins County Health Department
or other appropriate governmental agency.
The occupancy certificate shall be valid for a period of one year from
the date of issuance and must be renewed annually. Application for such renewal
shall be filed with the enforcement officer at least 30 days prior to the
application for such renewal. Upon receipt of such application, the enforcement
officer shall forthwith inspect the park, and the applicant shall furnish
the enforcement officer with such additional plans, records or other information
which may reasonably be required by the enforcement officer. The certificate
of renewal shall be forthwith issued by the enforcement officer, if the enforcement
officer determines that the use, maintenance and occupancy of the park is
in compliance with the requirements of this chapter and any permits or certificates
previously issued. The renewal fee shall be $10 for each unit occupied or
physically located on the premises.
No transferee of any interest in the park, whether by lease, deed or otherwise, shall lease, occupy or use the premises unless a certificate of occupancy is issued to such transferee, for the balance of the then-existing certificate of occupancy, in accordance with the provisions of § 127-9 of this chapter and upon payment of the fees therein provided for.
