This article is adopted in order to promote the health, safety and general
welfare of the community and to protect and preserve the property of the Town
of Manchester by regulating the occupancy and maintenance of preexisting mobile
homes and preexisting mobile home parks by establishing minimum standards
for such parks. This article shall not apply to the expansion, construction
or new development of a preexisting mobile home or manufactured home park.
The preexisting mobile home park and mobile homes therein shall conform
to the following standards.
An application for a construction permit, change of a mobile home or
new placement of a mobile home shall be submitted to the Code Enforcement
Officer or Building Inspector.
Each preexisting mobile home lot shall contain at least 7,200 square
feet with a minimum width of 60 feet for a single width and 8,400 square feet
with a minimum width of 70 feet for a double wide and have such shape that
each mobile home is placed on the lot so as to meet the following setback
requirements:
A.
Front yard setback. There shall be 25 feet from the road
right-of-way of the development street to the front outside wall of the mobile
home.
B.
Public right-of-way. Setback from the public right-of-way
shall be not less than 100 from all adjoining highways.
C.
Side yard setback. The combined distance of side yard
setback shall be not less than 20 feet, but in no instance shall there be
less than 20 feet between mobile homes.
D.
Rear yard setback. There shall be a setback of 15 feet
from the rear lot line to any structure on the lot.
E.
Minimum size of individual mobile home. The minimum size
of any individual mobile home shall be not less than 1,000 square feet.
F.
Accessory buildings on individual lots. One accessory
building not to exceed 120 square feet and 10 feet in height is permitted.
G.
Accessory building setback. Setback of accessory buildings
shall be 15 feet from any other structure on the lot.
The entrance road connecting the mobile home park with the public road
shall have a minimum paved road width 32 feet or a total of 50 feet including
right-of-ways.
A.
Application. All mobile home courts and parks shall conform
to the provisions of this section.
(1)
Site. A buffer zone 100 feet wide between the mobile
home park or court shall be established along park lot lines and adjacent
to the public highway right-of-way with said buffer planted and perpetually
maintained with a planting of trees no less than five feet in height. A berm
may be required of no less than five feet in height or more. Said berm placement
may be required to be in addition to the one-hundred-foot setback.
(2)
Streets. All streets within any mobile home court shall have a right-of-way of not less than 50 feet with a maintained paved width of not less than 32 feet and shall meet minimum paving thickness and other requirements as set forth in Chapter 275, Subdivision of Land, for minor streets. All streets shall be kept free of debris or other obstructions to provide clear access for fire, police or other emergency access.
(3)
Utility improvements. All utilities shall be underground.
Public sanitary sewage disposal facilities and potable water shall be in accordance
with and as approved by the New York State Department of Health and the New
York State Uniform Fire Prevention and Building Code.
(4)
Site improvements. The Planning Board or the Zoning Board of Appeals may require other improvements in the interest of the public health, safety and general welfare including but not limited to buffering, garbage and trash collection and disposal facilities, adequate park lighting and other improvements set forth in Articles I, II and III of this chapter and Article III, Required Improvements, of Chapter 275, Subdivision of Land.
Prior to the placement of any mobile home, manufactured home in a mobile
home park or manufactured home community, all improvements must be completed.
(See definition of "improvement" in § 325-4.)
A.
When there are practical difficulties, unusual circumstances
or design innovations involved, the Planning Board may recommend and the Zoning
Board of Appeals may grant variances from any of the provisions and regulations
of this chapter, except those related to the Health Department or the Department
of Environmental Conservation requirements.
B.
Requests for a variance shall be in writing from the
person applying for the mobile home park or manufactured home community permit
required in accordance with regulations for mobile home permits.
C.
In considering a request for a variance, the reviewing
boards shall be guided by the circumstances of the situation and the intent
of the applicant and shall act as to protect the best interests of the community.
A.
Prior to the issuance of a permit for a mobile home park
or manufactured home community or the renewal of any such permit, the owner
of the park shall pay to the Town Clerk such fees as may from time to time
be adopted by the Town Board. (See § 325-74.)
B.
An inspection/certificate of occupancy fee to be determined
by the Town Board shall be paid by the mobile home park owner. (See § 325-74.)
A.
The owner of any mobile home park or manufactured home
community existing prior to the adoption of this chapter shall apply for a
mobile home park permit within one year from the date of adoption of this
chapter, and such permit shall be subject to renewal every year thereafter.
B.
No permit for a mobile home park existing at the time
of enactment of this chapter shall be expanded unless it conforms to this
chapter.
A.
The provisions of this chapter shall supersede local
laws, ordinances, codes or regulations to the extent that such laws ordinances
codes or regulations are inconsistent with the provisions of this chapter,
provided that nothing herein contained shall be construed to prevent the adoption
and enforcement of a law, ordinance or regulation which is more restrictive
or establishes a higher standard than those provided in this chapter and such
more restrictive requirement or higher standard shall govern during the period
in which it is in effect.
B.
In a case where a provision of this chapter is found
to be in conflict with a provision of a zoning, building, electrical, plumbing,
firesafety, health, water supply or sewage disposal law or ordinance, or regulation
adopted pursuant thereto, or other local law, ordinance, code or regulation,
the higher standard shall prevail.
C.
Prior to the placement of any manufactured home in the
manufactured home community all improvements must be completed. (See definition
of "improvement" in § 325-4.)
The permit shall be valid for a period of one year. Upon application
by the owner and payment of the required fees, the Code Enforcement Officer
shall issue a renewal permit for an additional one-year period. If the mobile
home park or manufactured home community has not been constructed in accordance
with approved plans and all conditions attached thereto, or if a violation
of this chapter shall be found, or if any unapproved change shall have taken
place, the permit will not be renewed until said mobile home park, manufactured
home community has been brought into compliance. In such case, the Code Enforcement
Officer shall serve a notice or order upon the holder of the permit in accordance
with the provisions of this chapter.
Storage space shall be provided for auxiliary vehicles. No travel trailer,
camper, boat, snowmobile or similar auxiliary vehicle or conveyance shall
be stored on any mobile home lot. A supplemental parking area shall be provided
in each park for the storage of temporary parking of all auxiliary vehicles.
Prior to the placement of any mobile home in the mobile home park, all
improvements must be completed. (See definition of "improvement" in § 325-4.)
A.
Replacement mobile homes or unit must be 1,000 square feet of living space. Article III, Requirements, shall apply to all replacement applications.
B.
Preexisting replacement. When a replacement mobile home or unit is of the same manufactured square footage of the preexisting inhabited manufactured home and meeting all preexisting required setbacks and lot size, health and safety requirements and inspections, the Code Enforcement Officer may issue an occupancy permit. For a replacement mobile home, unit or manufactured home that does not meet the preexisting requirements, Subsection A shall apply. Article III, Requirements, shall apply.
C.
Each unit must have a seal of approval of the Department
of Housing and Urban Development and a legible data plate affixed in the home
bearing information as to the structural, wind and insulation zone it is designed
for.
D.
Units over 10 years old shall be inspected and must meet
all current New York State Uniform Fire Prevention and Building Code regulations.
E.
Any unit without a seal of the Department of Housing
and Urban Development or data plate or with visible alterations shall meet
the National Electrical Code NFPA 70 requirements and shall be certified by
Fire Underwriters, Inc. All certifications (copies) shall be filed with the
Building Department.
F.
The inspection of units more than 10 years old shall
be conducted by the Building Inspector or his agent, the Fire Chief of the
fire district, or his agent.
G.
The fee for inspection of a mobile home shall be listed in the Town fee schedule. (See Chapter 175, Fees.)
H.
Ten days from the installation of a replacement mobile
home or manufactured home, the old or previously existing mobile home or manufactured
home must be removed from the property, park or community prior to a permanent
certificate of occupancy being issued.
