[HISTORY: Adopted by the Town Board of the Town of Inlet 2-7-1989
by L.L. No. 1-1989. Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety, morals
and general welfare of the community, including the protection and preservation
of the property of the Town of Inlet and of its inhabitants, by establishing
specific requirements and regulations governing the occupancy and maintenance
of mobile homes, mobile home parks, travel trailers and travel trailer parks.
For the purpose of this chapter, the following words, terms and phrases
shall have the meaning ascribed to them in this section:
A movable or portable single unit designed and constructed to be
towed on its own chassis comprised of frame and wheels or those of another
vehicle, connected to utilities and designed and constructed without a permanent
foundation, designed to be used and capable of being used as a detached single-family
residence, and which is intended to be used for either seasonal or permanent
year-round occupancy, containing sleeping accommodations, a flush toilet,
a tub or shower, kitchen facilities, and plumbing and electrical connections
for attachment to outside systems. A dwelling unit that is constructed in
sections and transported to and assembled on the site is not considered a
mobile home.
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.
A durable surface located on a mobile home lot which is to be used
for the placement and capable of supporting a mobile home.
A travel trailer, which shall also include motor homes, is 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 parcel of land which is planned and improved for the placement
of two or more travel trailers which are used as temporary living quarters
and for occupancy.
Any person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Inlet shall not use or allow the
use of such land for a mobile home park or trailer park unless a license has
been obtained as herein provided.
A.
Issuance of license.
(1)
The Town Clerk of the Town of Inlet shall issue a permit
to be effective on a fiscal year of September 1 to August 31.
(2)
This permit will not be issued until the Town Clerk has
received:
(a)
A written application from the applicant.
(b)
The required fee as herein provided.
(c)
Approval of the application by the Hamilton County Department
of Health (or the NYS Department of Health District Office).
(d)
Approval by the Code and Zoning Enforcement Officer.
(e)
A resolution from the Town Board approving issuance of
license.
(3)
This permit shall not be transferable or assignable.
B.
Supplemental license.
(1)
Any person holding a permit for a mobile home park or
trailer 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 two complete sets of plans and specifications as required by § 108-5 of this chapter. The application for a supplemental permit shall be filed and handled according to the procedure established in this section of the chapter.
(3)
When approved and upon the receipt of the required fee,
the Town Clerk shall issue a supplemental permit which will be effective from
the date of issuance to and including August 31 of the same year.
C.
License renewal.
(1)
An application for the renewal of any mobile home park
or trailer park permit, which was issued in accordance with the provisions
of this chapter, must be filed with the Town Clerk on or before December 1
preceding the expiration of the permit.
(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 unless a new lease
has been entered into subsequent to the time of filing the previous application.
(3)
Upon the approval of the Code and Zoning Enforcement
Officer and by resolution of the Town Board, the Town Clerk shall issue a
renewal permit to be effective upon the expiration of the previous permit
and 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.
(5)
Such renewal permit shall not be transferable or assignable.
D.
License fees.
(1)
The applicant shall pay the Town Clerk an annual fee
equal to the sum of $50 plus $2 multiplied by the number of lots authorized
by the permit.
(2)
The license fee fixed in Subsection D(1) may be changed by the Town Board by a resolution at least annually or at more frequent intervals as the Town Board may deem appropriate.
(3)
The fee for a supplemental permit shall be computed and
determined in the same manner.
Each application for a mobile home park or trailer park shall be in
writing and signed by the applicant.
A.
The application and related information shall be filed
with the Town Clerk in triplicate.
B.
The Town Clerk shall transmit one copy of the application
to the Code and Zoning Enforcement Officer. The Town Clerk shall refer one
copy of the application to the Town Planning Board for review and report prior
to final action by the Town Board in accordance with the provisions of § 271
of the Town Law. The Town Clerk shall place a notice in the official Town
newspaper or newspapers to the effect that such an application has been filed.
C.
The Code and Zoning Enforcement Officer shall check the
application for compliance with the minimum requirements as established by
the rules and regulations of the New York State Department of Health, the
Hamilton County Department of Health, the Town of Inlet, and the Sanitary
Code of the State of New York. The Code and Zoning Enforcement Officer shall,
after such investigation, transmit the certified application to the Town Board
together with his written findings as whether the application satisfies or
does not meet the minimum health and sanitary standards within 30 days after
the date of filing the application with the Town Clerk.
D.
Upon receipt of the application from the Town Clerk,
the Planning Board shall review the general arrangement of the mobile home
park or trailer park. This shall include a review of: location and width of
streets; the location, size and arrangement of lots; the location of other
structures within the park; the location of entrances and exits; and the location,
type and extent of landscaping and screening materials. The Planning Board
shall transmit the application back to the Town Board, together with its written
findings, within 30 days of receipt of the application. Failure to act within
30 days of receipt of the application shall be deemed approval.
E.
The Town Board shall review the findings of the Code
and Zoning Enforcement Officer and the Planning Board, and by resolution indicate
its approval or disapproval of the application, within 60 days of the date
of filing the application with the Town Clerk. The application shall be returned
to the Town Clerk, and the applicants notified in writing by the Town Clerk
of the decision rendered within five days of the date of such decision.
F.
If the application is disapproved, the applicant shall
have the right to appear before the Town Board for a hearing.
Each application shall be accompanied by three complete sets of plans
which are prepared by a surveyor, engineer or other qualified person. The
plans shall be drawn to a scale of 20 feet to one inch, shall include the
date, North point, and scale; and shall furnish the following information:
A.
Legal data.
(1)
The name and address of the applicant; or the name and
address of each partner if the applicant is a membership; 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 or trailer park.
(3)
The number of lots to be provided in such park.
C.
Existing development.
D.
Proposed or existing development.
(1)
The location and widths of all entrances, exits, streets
and walkways.
(2)
The location, size, and arrangement of each lot within
the park.
(3)
The method and plan for electric lighting.
(4)
The location and plan of all proposed or existing structures
and improvements.
(5)
Any proposed or existing grading and plans for landscaping.
(6)
Any proposed or existing stormwater drainage.
(7)
Any proposed or existing utilities.
(8)
Any public improvements proposed by the Town in or adjoining
the proposed or existing 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 and travel trailer sites.
(2)
The park shall be located on a well drained site which
is properly graded to insure rapid drainage and be free at all times from
stagnant pools of water.
(3)
The park shall be at least five acres in size, with 100
feet of frontage on a public road.
B.
Mobile home lot and travel trailer lot.
(1)
Each mobile home park/travel trailer park shall be marked
off into mobile home lots/travel trailer lots.
(2)
The total number of mobile home lots/travel trailer lots
in a mobile home park/travel trailer park shall not exceed eight per gross
acre.
(3)
Each mobile home lot/travel trailer lot shall have a
total area of not less than 5,000 square feet with a minimum width of 50 feet.
C.
D.
Mobile home stand and travel trailer stand.
(1)
Each park lot shall have a mobile home/travel trailer
stand which will provide for the practical placement on and removal from the
lot of either a mobile home or travel trailer and its appurtenant structures,
and the retention of the home on the lot in a stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions
of the anticipated mobile homes/travel trailers and their appurtenant structures
or appendages.
(3)
The stand shall be constructed of an appropriate material
which is durable and adequate for the support of the maximum anticipated loads.
(4)
The stand shall be suitably graded to permit rapid surface
drainage.
E.
Accessibility.
(1)
Each mobile home park or travel trailer park shall be
safely accessible from an existing public highway or street.
(2)
Where a park has more than 16 lots, two points of entry
and exit 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 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 and travel
trailers attached.
(3)
Each park shall have improved streets to provide for
the convenient access to all mobile home lots/travel trailer lots and other
important facilities within the park.
(a)
The street system shall be so designed to permit the
safe and convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topograph and shall have
suitable alignment and gradient for traffic safety.
(d)
Except in cases of emergency, no parking shall be allowed
on such streets.
F.
Parking.
(1)
One off-street parking space shall be provided on each
mobile home lot and travel trailer lot. The parking space shall be of similar
construction and grading as the mobile home/travel trailer stand.
(2)
Additional off-street parking spaces shall be provided
at strategic and convenient locations for guests and delivery and service
vehicles.
G.
Utilities and service facilities.
(1)
The following utilities and service facilities shall
be provided in each mobile home park which shall be in accordance with the
regulations and requirements of the Hamilton County Department of Health,
the New York State Department of Health and the Sanitary Code of New York
State.
(a)
An adequate supply of pure water for drinking and domestic
purposes shall be supplied by pipes to all mobile home lots and buildings
within the park to meet the requirements of the park. Each mobile home lot
shall be provided with proper water connections.
(b)
Each mobile home lot shall be provided with a sewer which
shall be connected to the mobile home situate on the lot, to receive the waste
from the shower, tub, flush toilets, lavatory and kitchen sink in such home.
The sewer shall be connected to a public or private sewer system so as not
to present a health hazard. Sewer connections in unoccupied lots shall be
so sealed to prevent the emission of any odors and the creation of breeding
places for insects.
(c)
Garbage cans with tight fitting covers shall be provided
in quantities adequate to permit the disposal of all garbage and rubbish.
The cans shall be kept in sanitary condition at all times. The cans shall
be located no further than 200 feet from any mobile home lot. Garbage and
rubbish shall be collected and disposed of as frequently as may be necessary
to insure that such cans shall not overflow.
(2)
The following utilities and service facilities shall
be provided in each trailer park which shall be in accordance with the regulations
and requirements of the Hamilton County Department of Health, the New York
State Department of Health and the Sanitary Code of New York State.
(b)
Each trailer park, which provides for travel trailers not equipped with the facilities in a mobile home as defined in § 108-2 of this chapter, shall provide the following facilities:
[1]
An adequate supply of pure water for drinking and domestic
purposes shall be supplied by pipes to all buildings and trailer lots within
the park to meet the requirements of such park. Each lot shall be provided
with a cold water tap, the waste from which shall be emptied into a drain
connected to an approved disposal system.
[2]
Toilet and other necessary sanitary facilities for males
and females shall be provided in permanent structures. Such facilities shall
be housed in either separate buildings or in the same building, in the latter
case such facilities shall be separated by soundproof walls. The male and
female facilities shall be marked with appropriate signs.
[3]
Such toilet and other sanitary facilities shall be provided
in the following manner:
[4]
The buildings housing such toilet and sanitary facilities
shall be well lighted at all times of the day and night; shall be well ventilated
with screened openings; shall be constructed of moistureproof material; shall
be well heated; and shall be clean and sanitarily maintained at all times.
The floors of such buildings shall be of a water impervious material.
[5]
Such buildings shall not be located nearer than 20 feet
nor further than 200 feet from any travel trailer.
(3)
Other service buildings shall be provided as deemed necessary
for the normal operation of the park, however, such buildings shall be maintained
by owner or manager of the park in a clean, sightly and sanitary condition.
(4)
Each mobile home park and travel trailer lot shall be
provided with weatherproof electric service connections and outlets which
are a type approved by the New York State Board of Fire Underwriters.
(5)
Each park shall provide at least one public telephone
per 30 travel trailer units. The pay phone may be located within a quarter
of a mile of the park.
I.
Landscaping.
(1)
Lawn and ground cover shall be provided on those areas
not used for the placement of mobile homes/travel trailers and other buildings,
walkways, roads and parking areas.
(2)
Planting shall be provided to the extent needed in order
to provide for the screening of objectionable views, adequate shade and a
suitable setting for the mobile homes/travel trailers and other facilities.
(a)
Screen planting shall be provided to screen objectionable
views. Views which shall be screened include laundry facilities, other nonresidential
uses, garbage storage and collection areas, and all abutting yards of adjacent
properties.
(b)
Other planting shall be provided along those areas within
the park which front upon existing public highways and streets to reduce glare
and provide pleasant outlooks for the living units.
Regulation of mobile homes/travel trailers.
A.
No occupied mobile home/travel trailer shall be parked
or allowed to remain upon any street, highway or other public place, except
that emergency stopping or parking, when caused by mechanical failure, shall
be permitted upon the shoulder of any street or highway for a period of not
more than 72 hours, subject however to any prohibition or limitation.
B.
It shall be unlawful for any person to park, place, install,
or occupy as a dwelling or otherwise a mobile home/travel trailer on any public
or private property within the Town of Inlet except in a licensed mobile home
park/travel trailer park in accordance with this chapter and except as follows:
(1)
The Town Board may grant a permit, for a period not to
exceed two years, to the owner of land within the Town of Inlet who intends
to construct on such land a dwelling house for his own occupancy or his employee's
occupancy. The owner of the land may place or park a mobile home on such land
for his own occupancy or his employee's occupancy during the construction
of such dwelling. Said mobile home shall be removed from the premises upon
expiration of the permit.
(2)
Any seasonal or permanently occupied mobile home located
outside of a licensed park shall after the effective date of this chapter
be considered a nonconforming use and shall be subject to the following regulation:
(a)
A nonconforming mobile home may be repaired or structurally
altered as if it were a conforming building providing the repair or structural
alterations comply with all other rules, regulations, ordinances and local
laws of the Town of Inlet and does not exceed 50% of the fair market value
of the mobile home.
[Amended 7-10-2001 by L.L. No. 2-2001]
(b)
A nonconforming mobile home may not be replaced by a
substitute mobile home except as follows:
[1]
A nonconforming mobile home may be replaced by a substitute
mobile home providing the ownership of the land and the ownership of the mobile
home are in the same name or names, and providing the land upon which mobile
home is located has not been sold or transferred to a new owner after the
effective date of this chapter. Land which is sold or transferred after the
effective date of this chapter to blood relatives of the owner of record prior
to the effective date of this chapter shall not be considered a sale or transfer
which would prevent the replacement of the mobile home.
(c)
A nonconforming mobile home which has been destroyed
by fire or other cause may be restored, repaired, reconstructed, or replaced
with a substitute mobile home, providing such restoration, repair, reconstruction,
or replacement mobile home is completed or placed upon the land within one
year of such occurrence. Failure to restore, repair, reconstruct, or replace
said mobile home within one year will result in the termination of a legal
nonconforming mobile home and the owner of the land shall no longer be entitled
to have a mobile home on the parcel of land.
(3)
The Town Board may grant a permit for a period not to
exceed seven days to the owner of land within the Town of Inlet to permit
a guest of the land owner to park an occupied travel trailer on the landowner's
property. The permit will be limited to one travel trailer unit, and the travel
trailer unit will not be connected to either water or sewer.
The Code and Zoning Enforcement Officer of the Town of Inlet shall enforce
all of the provisions of this chapter. Such Code and Zoning Enforcement Officer
shall have the right, at all times, to enter and inspect any mobile home park,
trailer park and other premises used for the parking or placement of a mobile
home.
Revocation of mobile home park and trailer park licenses.
A.
If the Town Code and Zoning Enforcement Officer finds
and reports to the Town Board that a mobile home park or a trailer park, for
which a permit has been issued, is not being maintained in a clean and sanitary
condition or is not being operated in accordance with the provisions of this
chapter, the Town Board may, by resolution, authorize the personal service
upon the holder of the permit of a written order which will require the holder
of the permit to correct the conditions specified in such order within 10
days after the service of such order.
B.
If the holder of such permit shall refuse or fail to correct
this condition or conditions specified in such order within 10 days after
the personal service of such order, the Town Board may, by resolution, revoke
such permit and the holder of the permit shall thereupon terminate the operation
of such mobile home park or trailer park.
C.
However, if the owner or operator of such mobile home park or
trailer park shall thereafter correct such conditions and bring the mobile
home park or trailer park into compliance with this chapter, such owner may
then apply for the issuance of a new permit for such park and if the application
is approved and a permit is granted, the applicant shall pay to the Town Clerk
the fee required by this chapter without any credit for the fee said for the
permit which was revoked.
A.
On the date this chapter becomes effective, all existing
mobile home parks and travel trailer parks will be required to comply with
all sections of this chapter, with the following exceptions:
(1)
Existing mobile home parks and trailer parks will not
be required to obtain a license for the year 1988, and will be allowed 60
days after the effective date of this chapter to file for an application for
the 1989 year.
(2)
The Town Board may upon showing of good cause permit
an existing mobile home park or an existing travel trailer park up to three
years to conform to all of the standards set forth herein.
B.
The Planning Board will function to aid the owners of
such nonconforming mobile home parks and trailer parks in accomplishing the
purpose of this chapter by advising and recommending to the Town Board such
action as they deem appropriate and necessary to overcome any special problems
that may arise during the three-year period. The Town Board will review these
recommendations and take such action as it deems reasonable pursuant to Town
law.
Any person, partnership, association or corporation who violates any
provision of this chapter shall be guilty of an offense against this chapter
and subject to a fine of not less than $25 nor more than $100 or to imprisonment
for a period of not more than 30 days, or both fine and imprisonment. When
a violation of any of the provisions of this chapter is continuous, each week
or portion thereof shall constitute a separate and distinct violation.
In any case where any provision of this chapter is found to be in conflict
with the provisions of any zoning, building, fire, safety, or health law,
or ordinance, the provisions which establish the higher standard for protection
and the promotion of the health and safety of the people shall prevail. In
any case where the provisions of this chapter are found to be in conflict
with the provisions of any other ordinance of the Town of Inlet existing on
the effective date of this chapter which established a lower standard for
the protection and promotion of the health and safety of the people, the provisions
of this chapter shall be deemed to prevail and such other ordinances or laws
are hereby declared to be repealed to the extent that they may be in conflict
with this chapter.
All New York State owned and operated camp grounds shall be exempt from
this chapter.
This chapter and all subsequent amendments thereto when adopted shall
be published, and printed copies shall be available from the Town Clerk at
a charge to be determined by the Town Board.
