A.
The application for each mobile home park permit shall
be submitted in triplicate and shall be in writing and signed by the applicant.
It shall state:
(1)
The name and the address of the applicant.
(2)
The name and address of each partner, if the applicant
is a partnership.
(3)
The name and address of each officer and director, if
the applicant is a corporation.
(4)
A complete description of the premises upon which the
proposed park is to be located.
(5)
The name and address of the owner or owners of said premises.
(6)
The number of mobile home spaces to be provided in the
proposed park.
B.
Papers to accompany application.
(1)
Each application shall be accompanied by three copies
of the building permit and three sets of plans and specifications, prepared
and drawn to scale by a registered architect or licensed professional engineer,
showing the layout of the park, the location, size and arrangement of each
mobile home space and the location of streets. Such plan shall have been first
submitted for approval of the New York State Department of Health for the
approval of said Department as to water and sewage systems and such other
rules or regulations of the New York State Department of Health and/or the
State Sanitary Code as may from time to time apply to mobile home parks. Such
plans must bear the endorsement thereon of the approval of the New York State
Department of Health. No application for a mobile home park permit will be
entertained unless accompanied by such approved plans and building permits.
(2)
Where the applicant is not the owner of the premises,
the application shall also be accompanied by an original or photostatic copy
of the lease of the premises and a written statement signed by all the owners
consenting that the premises be used for the purpose of a mobile home park.
C.
Filing and processing of application.
(1)
Each application shall be filed in triplicate with the
Town Clerk, who shall thereupon transmit one copy, with the building permit
and plan attached, to the Town Health Officers and one copy, with the building
permit and plan attached, to the Town Planning Board and shall retain the
third copy, with the building permit and plan attached, as the official Town
Board copy.
(2)
The Health Officers shall, after investigation, transmit
the application to the Town Board, together with written approval or disapproval
thereof or recommendations pertaining thereto. All such applications shall
be filed with the Town Clerk and the applicant notified, in writing, by the
Clerk of the action taken thereon.
A.
The Town Clerk of the Town of Mamakating, upon the written
application and upon the approval of the same by the Health Officers and the
Town Board of the Town of Mamakating and upon receipt of the fee hereinafter
provided, shall issue a permit to become effective from the date thereof and
to continue in force for the term specified therein, but in no event longer
than through the 31st day of December next succeeding, for the use of the
premises therein specified as a mobile home park, which permit shall specify
the number of mobile home spaces which may be used in said park.
B.
Transferability.
(1)
Such permit shall not be transferable or assignable.
(2)
In the event, however, of transfer of title to a licensed
mobile home park to someone other than the licensee, such permit may be transferred
to the purchaser upon application therefor to the Town Board of the Town of
Mamakating and upon proof that the mobile home park complies with this chapter.
[Amended 3-10-1993 by L.L. No. 1-1993; 4-14-1998
by L.L. No. 2-1998]
A.
The applicant for a mobile home park permit shall, at
the time of the issuance of a permit, pay to the Town Clerk a fee computed
at a rate of $100 per mobile home space for the initial permit. Thereafter,
the permit fee per annum shall be $7, based upon the number of actual mobile
home spaces ready for use in the year for which the permit is issued, plus
$5 per space for the balance of the approved lots. The minimum fee for actual
permits shall be $100.
B.
Commencing January 1, 1998, payment is to be due on April
1, 1998. The applicant has until April 1, 1998, to make payment without penalty.
Thereafter, from the due date a penalty of 11/2% shall be assessed each month
until paid. If not paid within one year, the town may revoke the permit and
initiate a lawsuit for collection, including attorney fees and all court costs.
C.
Commencing January 1, 1999, and each year thereafter,
payment is to be due on January 1. The applicant has until January 31 of each
year to make payment without penalty. Thereafter, from the due date a penalty
of 11/2% shall be assessed each month until paid. If not paid within one year,
the town may revoke the permit and initiate a lawsuit for collection, including
attorney fees and all court costs.
D.
Violations. Any person violating any of the provisions
of this section shall be guilty of an offense and, upon a conviction, shall
be given a civil penalty of $250 per week. Each week's violation shall
constitute a separate and additional violation. An action may be commenced
in a court of competent jurisdiction to recover such penalty. In addition
thereto, violations of this section shall be subject to injunctive relief
being awarded by a court of competent jurisdiction.
E.
This section shall be effective immediately upon its
filing with the Secretary of State.
A.
Drainage and grading. All lands used as a mobile home
park shall be well drained, of ample size and free from heavy or dense growth
of bush and weeds. The land shall be properly graded to ensure proper drainage
during and following rainfalls and shall at all times be so drained as to
be free from stagnant pools of water.
B.
Park plan. Each mobile home park constructed, altered
or expanded after the effective date of this chapter shall be subdivided and
marked off into lots or mobile home spaces numbered consecutively, the number
being conspicuously posted on each mobile home space, each of which shall
contain at least 5,000 square feet for single-wide mobile homes and 8,000
square feet for double-wide mobile homes, both with a minimum of 50 feet of
road frontage, as measured by right angles to lot lines. No more than one
mobile home shall be permitted to occupy any one mobile home space. The mobile
home spaces shall be grouped in blocks, with streets at least 30 feet wide
between each block. Each mobile home space shall have direct access to a street.
No mobile home space shall be located within 50 feet of any public highway
or public street line nor within 25 feet of any adjacent property line or
50 feet of any adjacent dwelling house. Each mobile home park and all parts
thereof shall be kept in a clean and sanitary condition at all times.
C.
Non-self-contained units. No mobile home park shall permit
the parking of non-self-contained units unless the mobile home park is equipped
with and provides separate toilets, lavatories, showers and tubs for each
sex in adequate numbers to satisfactorily service the park. Such separate
toilets, lavatories, showers and tubs shall not be required in the park so
long as non-self-contained units are not permitted.
D.
Tents and campers. No occupancy of tents, tent houses
or tent campers shall be permitted in any mobile home park.
E.
Additional minimum requirements for park plans.
(1)
The minimum lot size for any park plan shall be 25 acres,
with a minimum of 150 feet of highway frontage. The initial minimum number
of mobile home spaces for any proposed park plan shall be 40. At least 10
mobile home spaces shall be available for occupancy on the date of first occupancy
of any mobile home space. Subsequent applications may be made for spaces in
multiples of four.
(2)
No mobile home shall be less than 36 feet from any other
mobile home, as measured by right angles to lot lines.
(3)
One fire hydrant, one fire alarm box and one public telephone
shall be provided for each 200,000 square feet of total mobile home park area.
(4)
Sealed surface or graveled off-street parking bays must
be provided. Such bays shall contain not less than 200 square feet per car
space, and one off-street space shall be provided for every mobile home.
(5)
All means of egress and ingress, drives, lanes, walks
and public spaces shall be adequately lighted. Exits, entrances, drives and
lanes shall be adequately lighted.
(6)
One non-flashing, indirectly illuminated sign shall be
permitted. Such sign shall not be greater in area than 50 square feet or extended
more than 10 feet above curb level.
(7)
Signs and other related structures shall be located at
least 30 feet from any property line or street right-of-way line.
(8)
Each mobile home after installation shall be completely
skirted with a suitable curtain wall.
F.
Water supply. Each separate mobile home site shall provide
suitable connections to an approved water supply system.
G.
Disposal of sewage and other water-carried wastes.
(1)
All sewage and other water-carried wastes shall be disposed
of into a municipal sewage system whenever available. In mobile home parks
in which such connections are not available, disposal shall be into a Health
Department approved private system which includes a sanitary means of disposal,
the operation of which creates neither a nuisance nor a menace to health.
(2)
When a water carriage system of sewage is used, each
mobile home space shall be provided with a sewer connection for the combined
liquid waste outlet or outlets of each mobile home and trapped either below
the frost line or internally.
(3)
It shall be the duty of the owner or operator of said
mobile home park to provide a watertight and odortight connection from the
mobile home water drainage to the sewer connection, and it shall be the duty
of said owner or operator to make such connections and keep all occupied mobile
homes connected to said sewer while located in a mobile home park. Sewer connections
in unoccupied mobile home spaces shall be so closed that they will not emit
odors or cause a breeding place for flies. No water or waste shall be allowed
to fall on the surface of the ground from a mobile home.
H.
Garbage disposal. Each such mobile home park constructed,
altered or expanded after the effective date of this chapter shall demand
that individual lot tenants have suitable garbage receptacles to prevent littering
of the grounds. Removal of garbage and refuse shall be accomplished at least
once a week.
I.
Electric service and connections. Each mobile home park
constructed, altered or expanded after the effective date of this chapter
shall provide weatherproof underground electric service connections and outlets.
All electric installations shall be approved by the New York State Board of
Fire Underwriters and have a certificate issued by the same.
J.
Roads and driveways. All roads and driveways shall be
kept passable at all times and in a good state of repair.
A.
If a Health Officer, Building Inspector or any authorized
representative of the Town of Mamakating finds that any mobile home park is
not being maintained in a clean and sanitary condition or is not being conducted
in accordance with the provisions of this chapter, such facts shall thereupon
be reported to the Town Board, and said Town Board may direct the Town Clerk
to serve an order, in writing, upon the holder of the permit or the person
in charge of said park directing that the conditions therein specified be
remedied within 10 days after the date of service of such order. If such conditions
are not corrected after the expiration of said ten-day period, the Town Board
may cause a notice, in writing, to be served upon the holder of said permit
or the person in charge of such mobile home park requiring the holder of the
permit to appear before the Town Board of the Town of Mamakating at a time
to be specified in such notice and show cause why such mobile home park permit
should not be revoked. The Town Board may, after a hearing at which testimony
of witnesses may be taken and the holder of the permit shall be heard, revoke
such permit if said Town Board shall find that said mobile home park is not
being maintained in a clean and sanitary condition or if it finds that any
provisions of this chapter have been violated or for other sufficient cause.
Upon the revocation of such permit, the premises shall forthwith cease to
be used for the purpose of a mobile home park, and all mobile homes shall
forthwith be removed therefrom.
B.
Failure to complete construction of a mobile home park
pursuant to a permit issued by the Town of Mamakating within 12 months from
the time of approval of plans by the New York State Department of Health shall
automatically revoke the permit.
Application for the renewal of any mobile home park permit issued pursuant
to this chapter must be filed with the Town Clerk on or before the first day
of December next preceding the expiration of said permit.
A.
The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 131-6A of this chapter in the case of original application for permits, except that such renewal application need not be accompanied by a building permit nor a plan of the mobile home park unless some change in the plan or layout of the park is contemplated by the applicant, nor is it necessary that the renewal application be accompanied by the lease of the premises unless a new lease of the premises has been entered into subsequent to the time of filing the previous application, in which event the original or photostatic copy of the new lease shall be attached to the application for a renewal, nor shall it be necessary to attach to such application for renewal the written consent of the owners of the premises that the same may be used for the purpose of a mobile home park unless there shall have been a change in the ownership since the filing of the previous application, in which event such written statement signed by all of the new owners of the premises must accompany the application for a renewal of the permit. Upon the approval of said application for a renewal of the permit by the Health Officers, Building Inspector and the Town Board, the Town Clerk shall issue a renewal permit, which shall become effective upon the expiration of the prior permit and continue in force for the term specified therein but in no event longer than for a period of one year.
B.
Renewal shall be granted upon proof of compliance with
this chapter.
C.
Such renewal permit shall not be transferred or assigned,
except as herein provided.
A.
This chapter shall apply to all existing mobile home
parks in the Town of Mamakating on the date of its adoption, except that mobile
home parks in existence on the effective date of this chapter shall have two
years to comply therewith. Such mobile home parks need not, however, comply
with the provisions of this chapter relating to mobile home space size and
setbacks. Any mobile home spaces not yet completed on the effective date of
this chapter shall comply with this chapter.
B.
All portions of this chapter, except lot size and setbacks,
shall apply to all premises located in the Town of Mamakating upon which a
mobile home park is maintained on the date of its adoption. The owner or operator
of any such premises shall have 90 days after this chapter becomes effective
to make an application for a permit. The owner or operator of any such premises
shall have a period of one year after making application for a permit within
which to make the necessary arrangements to conform to the requirements of
this chapter, except that such mobile home parks need not, however, comply
with the provisions of this chapter relating to mobile home space sizes and
setbacks. The permit shall be granted only if the requirements of this chapter
are complied with within one year after making the application.
A.
No mobile home park for which an application was not
granted or pending on or before May 13, 1986, shall hereinafter be approved
for development, construction and/or operation or be granted a permit hereunder
and/or hereafter be developed, constructed or operated.
B.
No additional mobile home spaces, lots or other locations
in a mobile home park for which an application was not pending on or before
May 13, 1986, shall hereafter be approved for development, construction and/or
operation or be granted a permit hereunder or hereafter be constructed, developed
or operated.
C.
Nothing herein contained shall prevent the redesign of
existing mobile home parks so long as the number of mobile home spaces, lots
or other locations in the redesigned park shall not exceed the number of lots
which had been approved and operating prior to the redesign. No such redesign
shall be instituted without approval therefor being obtained as otherwise
required by this chapter.
