No mobile home shall be parked or allowed to remain upon any public
highway or private way in the Town of Mamakating.
No mobile home shall be parked outside of a duly licensed mobile home
park in the Town of Mamakating, except that any owner or lessee of land or
contractor engaged by the owner or lessee of land located in the Town of Mamakating
may use a mobile home or mobile homes as a field office or dressing room for
workmen on construction projects, survey projects and upon other similar work
projects outside a licensed mobile home park; provided, however, that the
contractor, owner and/or lessee of the mobile home or land upon which it is
situated shall apply to the Town Board and, after compliance with the provisions
of this chapter and payment of the fee set forth hereinafter, be granted a
permit to park the mobile home on said parcel of land for the duration of
the particular work project.
A.
The aforesaid permit shall be issued by the Town Board
for a period not to exceed two years from the date of issuance thereof or
until the work project is completed, whichever is the shorter period. The
permit may be extended by the Town Board for a period of one year or until
the work project has been completed, whichever is the shorter period. In the
event that the contractor, owner or lessee desires an additional extension
thereof, a written application shall be submitted to the Town Board of the
Town of Mamakating, which extension may be granted or denied by said Town
Board after an examination of the facts and circumstances concerning the same
and after the applicant has been accorded an opportunity to speak in behalf
of such application.
B.
Upon the expiration of the permit issued by the Town
Board or any extension thereof and/or the completion of the work upon said
project, whichever may be sooner, the contractor and/or owner or lessee of
said mobile home and/or land upon which it is located shall remove the same
from the premises.
No other new permits for location of mobile homes outside of mobile
home parks shall be issued.
A.
Each application for the placing of a mobile home pursuant to § 131-15 of this chapter shall be accompanied by:
(1)
A plot plan, in triplicate, drawn to scale and prepared
by a licensed professional surveyor or engineer, and which shall show thereon:
(a)
The location of the proposed construction in connection
with which the mobile home is proposed to be located.
(b)
The location of the mobile home or homes upon the premises.
(c)
The boundaries of the subject premises.
(d)
The location of the water supply and sewage disposal
system, if any, to be used in conjunction with the mobile home.
[1]
All sewage disposal facilities shall be installed in conformity with Chapter 155, Sewage Disposal, of the Code of the Town of Mamakating.
[2]
No new sewage disposal tile fields shall be closer than
100 feet to the well on the premises to be occupied by the mobile home or
any water supply well on adjoining property.
[3]
For the purpose of design criteria, all mobile homes
shall be deemed to have a minimum of two bedrooms, and all designs shall be
based upon the total number of bedrooms in the proposed mobile home.
(2)
A copy of the deed to the premises.
(3)
A statement, under oath, by the applicant that the mobile home will be used only for the purposes set forth in § 131-15 of this chapter and will not be used for living purposes.
(4)
A copy of the building permit authorizing the related
construction.
B.
All such applications shall be filed with the Town Clerk
and the applicant notified, in writing, by the Clerk of the action taken thereon.
Each application shall be filed in triplicate, with accompanying papers attached,
with the Town Clerk, who shall thereupon transmit one copy, with accompanying
papers and plan attached, to the Town Health Officers and one copy, with accompanying
papers and plan attached, to the Town Planning Board and shall retain the
third copy, with building permit and plan attached, as the official Town Board
copy. The Health Officers shall, after investigation, transmit the application
to the Town Board, together with written approval or disapproval thereof or
recommendations pertaining thereto.
The applicant for a mobile home permit pursuant to the provisions of
this article shall at the time of issuance of any such permit pay to the Town
Clerk a fee of $50.
The Town Clerk of the Town of Mamakating, upon 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 hereinabove provided, shall
issue a permit, to become effective from the date thereof.
No mobile home located outside of a mobile home park may be occupied
until a certificate of occupancy has been issued by the Building Inspector
of the Town of Mamakating.
Any uninhabited mobile home may be parked or stored outside of a licensed
mobile home park; provided, however, that it shall not be parked between the
street line and the front building line of the premises upon which it shall
be stored nor in the side yards of said premises and that it does not violate
any other ordinance of the Town of Mamakating thereby.
A mobile home or mobile homes exhibited for sale and uninhabited as living quarters may be maintained outside of a licensed mobile home park. One such mobile home in a sales lot may be used as a sales office, provided that the owner thereof and/or the owner of the premises upon which it is so displayed shall install and use a sewage disposal system at least equal to that required by a two-bedroom dwelling in compliance with Chapter 155, Sewage Disposal.
If a Health Officer or any authorized representative of the Town of
Mamakating finds that any mobile home outside a mobile home park is not being
maintained in a clean and sanitary condition or is not being maintained 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 and/or the owner
of the mobile home and/or the owner of the premises directing that the condition
therein specified be remedied within five days after the date of service of
such order. If such conditions are not corrected after the expiration of said
five-day period, the Town Board may cause a notice, in writing, to be served
upon the holder of such permit and/or the owner of said mobile home and/or
the owner of the premises upon which it is located requiring the appearance
of the person so served before the Town Board of the Town of Mamakating at
a time to be specified in such notice to show cause why such mobile home permit
should not be revoked. The Town Board may, after a hearing at which testimony
of witnesses may be taken and the person so served shall be heard, revoke
such permit if the Town Board shall find that said mobile home is not being
maintained in a clean and sanitary condition or if it finds that any provision
of this chapter has been violated or for any other sufficient cause. Upon
the revocation of such permit, said mobile home shall be removed forthwith
from the premises and disconnected from its water supply and sewage disposal
system.
Any person desiring to temporarily occupy a mobile home or recreational
vehicle on his or her premises during the course of construction of a residence
for which a building permit has been issued may apply directly to the Zoning
Board of Appeals for a permit. The Zoning Board of Appeals shall set the standards
for granting such permit. No certificate of occupancy shall be issued for
the residence until the mobile home or recreational vehicle has been removed
from the premises.
A.
The provisions of § 131-15 of this chapter shall apply only to a mobile home parked or placed outside a licensed mobile home park on and after the effective date of this chapter. Mobile homes parked outside of a duly licensed mobile home park prior to the effective date of this chapter and occupied as a dwelling may remain in the position or place in which they are then parked, subject to the existing ordinance of the Town of Mamakating;[1] provided, however, that no such mobile home shall be moved to
a new location in the Town of Mamakating except in compliance with the provisions
of this chapter.
[1]
Editor's Note: The original Trailer Ordinance adopted 9-1-1966
and the ordinances which amended it are on file in the Town Clerk's office.
Refer to these ordinances for additional requirements and standards.
B.
Nothing herein contained shall be construed to prevent
the continued use and occupancy of mobile homes outside of mobile home parks
which have previously received a permit for such use and occupancy under prior
Trailer Ordinance provisions.
(1)
All such mobile homes shall comply with the tie-down
provisions of this chapter within one year from the effective date of this
chapter.
(2)
Any mobile home for which a valid permit is in existence on the effective date of this chapter may be replaced by any other mobile home on the same location, provided that, if replaced by a new mobile home, it shall comply with § 131-26 of this chapter, and all mobile homes shall be equipped with tie-downs when installed on the site.
(3)
Additions to existing mobile homes shall be permitted,
not to exceed 50% of the existing size of said mobile home, as long as said
addition is constructed in accordance with the New York State Uniform Fire
Prevention and Building Code and is certified structurally safe by a New York
State licensed architect or engineer and is not in violation of the Town Zoning
Ordinance.[2] The Town Building Inspector and/or Town Engineer shall then review
said plans and, if approved, shall issue a building permit. A certificate
of occupancy must be issued under town guidelines as stated in respective
town ordinances before an addition can be inhabited. Existing mobile homes
may, however, have added thereto patios, screen porches, decks or utility
buildings.
