[HISTORY: Adopted by the Town Board of the Town of Salina 11-7-1946;
amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
This chapter shall be known as the "Manufactured Home Community Law
of the Town of Salina."
It is the purpose of this chapter to promote the health, safety, morals
and general welfare of the inhabitants of the Town of Salina, including those
residents living in manufactured homes, in the following manner:
A.
By the regulation of manufactured homes in communities
and the requirement that all such communities be properly licensed by the
Town of Salina.
B.
By the requirement that manufactured home communities
be established in accordance with the plans approved by the Planning Board.
C.
By the promulgation of standards and regulations for
the design, operation and maintenance of manufactured home communities.
As used in this chapter, the following terms shall have the meanings
indicated:
A subordinate building located on the same lot as the home.
The plan required of an applicant for a license to establish, maintain
or operate a manufactured home community pursuant to the standards enumerated
in this chapter. Such plan shall show in sufficient detail, as required by
the local reviewing authority, all of the information pertaining to the proposed
layout of a premises for the community in compliance with this chapter and
shall be filed in the office of the Town Clerk and in the Department of Planning
and Development.
A private way which affords a principal means of access to an individual
home site or buildings.
The Department of Planning and Development, which shall be the enforcement
agency for this chapter.
A hard-surface private way of at least 10 feet in width, used by
vehicles and pedestrians on individual home sites. This area may constitute
off-street parking.
A masonry foundation wall extending below the finished grade of the
adjacent ground surface and supported by footings installed below the frost
line.
A written permit or plan approval issued by the Town of Salina, permitting
the construction, operation, alteration and/or extension of a manufactured
home community under the provisions of this chapter.
Any person licensed to operate and maintain a manufactured home community
under the provisions of this chapter.
A year-round residential dwelling unit fabricated in an off-site
manufacturing facility for installation or assembly at the building site,
bearing a label certifying it is built in compliance with the Federal Manufactured
Home Standards contained in CFR 3280.
A parcel of land which has been designed and improved for the placement
of manufactured homes for residential use.
Any area of land with the appropriate overlay zone allowing multi-use
applications, such as but not limited to, retail, high- and low-density residential
and recreational uses.
An area of land in an approved community site plan designated for
the installation of a single-family home and such accessory structure(s),
including any open space required in connection with the placement of such
home. The area of such space is to be measured from the pavement line of the
community street.
That part of an individual site which has been reserved for the installation
of a single-family home, exclusive of any accessory building(s).
A surfaced outdoor living space designed and intended to supplement
the interior home living area on a seasonal, warm-weather basis.
Any vehicle, self-propelled or otherwise, used for sleeping purposes
and including wheels to allow such vehicles to be moved from location to location.
A structure housing sanitary, operational, office, recreational,
maintenance or other facilities as may be required or allowed.
A structure arranged to enclose the vertical space between
the ground and the underside of a manufactured home at its perimeter and made
of weather-resistant material such as vinyl, aluminum or other commercially
produced material designed specifically for such use.
A use which, because of its unique characteristics, requires individual consideration in each case by the Zoning Board of Appeals, as specified in Chapter 235, Zoning, of the Town of Salina, as amended.
Manufactured homes shall be permitted in the Town of Salina when located in a duly licensed manufactured home community or when installed on individual lots in accordance with Chapter 235, Zoning.
The Planning Board may, after receipt and review of an application, establish a manufactured home community within a Manufactured Home Community Overlay District established in accordance with Chapter 235, Zoning.
A.
Community plan; required information. The park plan is
to be submitted together with the application herein and is to be drawn to
scale on a survey map, drawn by a land surveyor, landscape architect or engineer,
which shall show the following:
(1)
The proposed park name.
(2)
The extent and area used for park purposes.
(3)
The date, approximate true North point and scale.
(4)
The name, address and the signature of the owner and
licensed engineer or land surveyor.
(5)
The names of owners of record of abutting properties
or developments.
(6)
The locations and widths of existing and proposed streets,
roadways, driveways, walkways, easements, building lines, parks and other
public property.
(7)
The location of sites or units for manufactured homes
with lot areas indicated in square feet.
(8)
The lot lines with accurate dimensions and bearings of
angles, together with the location of parking facilities for automobiles.
(9)
The location, material and approximate size of all monuments
and the location and number of sanitary conveniences, including toilets, washrooms,
laundries and utility rooms.
(10)
The method and detailed engineer's plan of sewage disposal.
(11)
The method and plan of garbage disposal and/or removal.
(12)
The method and detailed engineer's plan for water supply.
(13)
A plan for electrical lighting of units and park roadways
and walkways.
(14)
An accurate outline of all recreational areas and open
spaces.
(15)
An accurate outline of all property which is offered
or to be offered for dedication for public use, with the purpose indicated
thereon, and of all property that is proposed to be reserved by deed covenant
for the common use of the owners or users of the community.
(16)
The existing and proposed topography, including drainage
plans.
(17)
Fire-protection features.
(18)
A landscaped plan drawn at approximate scale to show the improvements required by § 150-9 of this chapter.
(19)
Such additional information as the Planning Board may
require for adequate review of the proposed community.
B.
The Planning Board for the Town of Salina shall review the application pursuant to Chapter 235, Zoning, considering the requirements of this chapter, including:
C.
The Planning Board shall either approve, approve with
modifications or disapprove such application determined to be complete, pursuant
to Article 16 of the Town Law.
D.
Approval of an application for a manufactured home community
shall include approval of the site plan, which shall thereafter be filed in
the office of the Town Clerk. Changes in the configuration of the community
shall be made upon application to the Planning Board to amend the site plan
as previously approved and filed.
A.
It shall be unlawful for any person to establish, construct,
maintain or operate or permit to be established, constructed, maintained or
operated upon any property owned or controlled by him/her a manufactured home
community within the Town of Salina without having first secured a license
therefor in compliance herewith. Such license shall expire on December 31
following the date of issuance and must be renewed annually under the provisions
of this chapter.
B.
Application procedure.
(1)
Applications for licenses or renewal thereof shall be
filed with the Town Clerk and shall be accompanied by the fee established
by resolution of the Town Board. The application shall include:
(a)
The name and the address of the applicant; in the case
of a corporation, the name and the address of the principal of said corporation
must be supplied.
(b)
The nature and extent of the applicant's interest in
the business for which a license is desired and whether he/she is the owner
of the property (if the applicant is not the owner, the owner must provide
by affidavit that the applicant is authorized to construct or maintain a manufactured
home community and is authorized to make the application).
(c)
Two copies of the park plan, drawn to scale on a survey
map prepared by a New York State licensed land surveyor.
(2)
Upon receipt of any new or revised application by the Town Clerk, the Clerk shall immediately submit such application to the Department, which shall set a hearing before the Planning Board, pursuant to § 150-9 of this chapter.
(3)
If the application is approved, the license shall be
issued by the Town Clerk. If the application is denied by the Planning Board,
the applicant shall be notified, together with the reasons for such denial.
Any person aggrieved by such denial may, within 30 days of such decision,
reapply to the Planning Board for review of such action. The Planning Board
may then reaffirm, reverse or modify its determination and may direct the
Town Clerk to issue or refuse to issue such license.
A.
License renewals will only be issued if the community
has been constructed in accordance with the approved site plan and if all
conditions attached to the initial approval have been met.
B.
Every manufactured home community shall contain at least
50 sites, except that existing manufactured home communities containing less
manufactured homes shall be allowed to continue subject to the other provisions
contained in this chapter.
A.
A licensee of a manufactured home community shall assure
that the essential community services, such as a mail drop, police and fire
protection, are adequately accommodated.
B.
The community shall not be subject to hazards such as
objectionable smoke, noxious odors, unusual noises or flooding.
C.
The condition of soil, groundwater level, drainage, rock
formations and topography shall be such as not to create hazards to the property
or the health and safety of the occupants or to adjacent property owners.
D.
The storage, collection and disposal of refuse in the
manufactured home community shall be so managed as to create no health or
accident hazards, rodent harborage, insect breeding area or pollution of air
or water. All refuse shall be stored in flytight, watertight, rodentproof
containers, which shall be provided in sufficient number and capacity to prevent
refuse from overflowing.
A.
Manufactured home community site drainage shall be properly
designed to ensure adequate drainage during and following rainfall.
B.
The number of home sites shall not exceed eight per acre
of the community.
C.
Homes shall be located a minimum of 50 feet from the
nearest public road or highway boundary and not less than 25 feet from any
property line of adjoining parcels.
D.
Communities located adjacent to existing manufacturing,
business or single-family residential land use shall be screened from said
use by a line of major evergreen trees, such as Australian pine, spruce, fir
or ornamental bushes, as an effective barrier which must have a minimum average
height of three feet measured from the ground to the highest point of the
tree at the time of planting or other buffer acceptable to the Planning Board.
E.
Homes shall be located a minimum of 15 feet from the
nearest pavement edge of any community street.
F.
The layout and design of individual sites, streets and
recreation areas must preserve as much as practical of the existing topography
to include features such as mature trees, rock outcroppings or other significant
and beneficial aesthetic features.
G.
All home sites shall have an area of not less than 4,000
square feet, of which no more than 25% shall be occupied by the home itself,
and shall be situated so as to conform to the following requirements:
H.
All home sites shall provide a frost-free foundation
to accommodate and secure the home structure.
(1)
The home shall be provided with anchors or tie-downs
capable of securing the stability of the home.
(2)
Home sites shall be suitably graded to provide adequate
drainage.
(3)
The perimeter of each manufactured home shall be provided
with a continuous, enclosed, solid skirting, in conformity with industry standards.
I.
Parking, roadways and access roads shall meet or exceed
the following requirements:
(1)
A main access road with a hard surface width of at least
24 feet shall be provided for a primary entrance from the public road, which
shall run within the community.
(2)
Except for the main access road, each other community street shall be at least 18 feet in width and shall be improved and maintained with an all-weather surface according to standards found in Chapter 210, Subdivision of Land.
(3)
Adequate lighting shall be provided, with style and location
of lighting fixtures in accordance with the approved community site plan.
(4)
Two off-street parking spaces shall be provided for each home site. Parking spaces shall meet the requirements of Chapter 235, Zoning, and may be grouped with others in a common or semicommon parking bay, as indicated on the approved plan. Parking on access roads and community streets is prohibited.
J.
An area or areas shall be provided solely for the parking
and storage of any recreational vehicles, boats, travel trailers and other
equipment as may be owned by the residents of the community. Such area or
areas shall be suitably designed, enclosed and screened by fencing or landscaping.
No uninsured vehicles shall be permitted.
K.
A community building shall be provided, as provided in
the site plan approval, based on either the Town of Salina requirements or
for communities of less than 100 sites, a minimum of 20 square feet of space
per site; if greater than 100 sites, an appropriate formula agreed to at the
time of community site plan approval.
L.
Utilities shall conform to the following requirements:
(1)
Water and sewer service. Each manufactured home community
shall be provided with approved sewer and water connections to existing public
sanitary sewer and water systems. No manufactured home park shall be permitted
in any area of the town where public water service is not available. All manufactured
home parks shall be connected to existing sanitary sewer systems or, where
such system is not available, the manufactured home park shall be provided
with suitable and adequate sewage disposal systems constructed in a manner
approved by the Onondaga County Department of Health.
(2)
An electrical connection shall be provided each site. The installation of said connection shall comply with the National Electrical Code and the provisions of Chapter 105, Electrical Code, of this Code.
(3)
All utility distribution lines shall be placed below
ground. No overhead distribution lines shall be allowed.
M.
An adequate system of storm drainage pipes, ditches and
appurtenances shall be provided and shall be approved at the time of the community
site plan approval. All runoff shall be conducted to suitable natural stream
or outlet where the community has rights of discharge, in accordance with
recognized engineering standards.
N.
Exposed ground surfaces in all parts of any community
shall be paved, surfaced with crushed stone or other material approved by
the Planning Board or protected with grass or plant material capable of preventing
erosion and of eliminating objectionable dust.
O.
All storage on the home site shall be limited to an accessory
building containing not more than 150 square feet of space. Such building
shall be restricted to rear or side yard locations. Minimum setbacks for an
accessory building shall be five feet from a side or rear site line and a
minimum of 10 feet from the manufactured home.
P.
No home site construction, such as an increase of living
space, erection of a storm shelter, seasonal enclosure, separate awnings,
canopies or unenclosed patios shall be allowed without first securing a permit
from the Code Enforcement Officer after approval from the community owner
or operator.
A.
The provisions of this section shall be applicable to
both existing and new manufactured home communities.
B.
Every manufactured home community shall maintain records
in accordance with the requirements of the New York State Division of Housing
and Community Renewal.
C.
In every community, there shall be a building in which
shall be located the office of the operator or person in charge of the community.
A manufactured home may be approved by the Planning Board to serve as said
office instead of a separate building; however, it must be clearly identified
as such.
D.
It is hereby made the duty of the operator or person
in charge, together with the licensee, to:
(2)
Maintain the community in a clean, orderly and sanitary
condition at all times.
(3)
Prohibit the permanent use of any home by a greater number
of persons than it is designed to accommodate.
(4)
The management shall inform occupants of their rights
and responsibilities regarding any restrictions, rules, regulations and lease
covenants and facilitate strict compliance with all such conditions.
A.
Before a community commences operation, the Fire Marshal
and the Code Enforcement Officer shall make an inspection of the site. They
shall determine that all requirements of the community plan approval have
been complied with and shall issue a certificate of compliance before they
approve the license application.
B.
If the Fire Marshal and/or the Code Enforcement Officer
finds that a community is not being maintained in a clean, orderly and sanitary
condition or that such community is not being operated in accordance with
the provisions of this chapter, he/they shall serve upon the licensee, his
agent or employee an order, in writing, directing that conditions therein
specified be remedied within 15 days after service of such order. If, after
the expiration of said period, such conditions are not corrected in accordance
with said order, the Fire Marshal or the Code Enforcement Officer shall serve
a notice, in writing, upon such community licensee requiring the licensee
to appear before the Town Board at a time to be specified in such notice and
show cause why such license should not be otherwise revoked.
An exception to any condition or standard of any provision pertaining to a manufactured home community may be granted by the Zoning Board of Appeals, pursuant to the provisions of Chapter 235, Zoning, where said Board finds that, because of unusual circumstances of the shape of premises, the topography of premises or other existing conditions, extraordinary hardship would result from strict compliance. In such case, the Zoning Board of Appeals may vary the applicability of said standards so that substantial justice may be done and the public interest served. No variance shall be granted which will have the effect of nullifying the intent or purpose of this chapter.
Any manufactured home community lawfully established as of the date
of adoption of this chapter and made nonconforming by the provisions of this
chapter may be continued, subject to the restrictions contained in the original
site approval and license or other provisions made applicable to existing
uses, except as otherwise provided in § 133 of the Town Law.
The Planning Board may require reservation of such areas or sites of
a character, extent and location suitable to meet the needs created by development
for open space, park, recreational facilities and other neighborhood purposes
equal to 10% of the gross site area of the manufactured home community. If
the provisions of such facilities is impractical because of the particular
layout of the community or for other reasons, a recreation fee established
by the Town Board shall be submitted prior to approval of the community, unless
such terms and conditions entered into, in writing, between the applicant
and the Town Board.
Expansion of existing manufactured home communities shall be in accordance
with this chapter with the exception that expansion of sites will be at a
minimum of 25 sites per application. Enlargement of an existing community
shall follow the same procedure as required for a new community development.
A.
Penalties for failure to comply with the provisions of this chapter or any rules and regulations adopted pursuant hereto or failure to comply with a notice of violation shall be deemed a violation, and the violation shall be punished as provided in Chapter 1, Article II, General Penalty, and each day such violation shall continue shall constitute a separate violation.
B.
An action in the name of the Town of Salina may be commenced
in any court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of any provision of this chapter or of a notice
of violation. Such remedy shall be in addition to penalties otherwise prescribed
by law.
