[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 7-3-1985 as L.L. No. 2-1985. Sections
75-3 and 75-9 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Village of Sylvan Beach Mobile Home
and Recreational Vehicles Law."
It is the purpose of this chapter to provide for the health, safety
and general welfare of the village's residents by establishing minimum
standards for the placement and use of mobile homes and recreational vehicles
in the Village of Sylvan Beach.
As used in this chapter, the following terms shall have the meanings
indicated:
A single parcel of land which has been planned or improved for the
placement of recreational vehicles and/or tents for transient use.
An area of land within a campground which has been equipped with
the necessary utilities and improvements for the temporary placement thereon
of a single recreational vehicle or tent.
A dwelling unit, prefabricated off-site, having a frame of steel
structure, made in two separate units, with detachable draw bars and wheels
that are removed at the site. Due to the type of construction, these units
do not have the New York State seal of approval on the blueprints.[1]
An individual designated by the Village Board to enforce this chapter.
A movable or portable year-round living unit designed and constructed
to be towed on its own chassis, connected to utilities, with or without a
permanent foundation. "Mobile home" shall mean a unit designed to be used
exclusively for residential purposes.
[Amended 4-25-1988 by L.L. No. 1-1988]
An area or parcel of land which is equipped with the necessary utilities
and improvements for the erection thereon of a single mobile home located
in either a mobile home park or a zoning district which permits mobile homes.
Any parcel of land, consisting of two or more mobile home lots, which
has been planned or improved for the placement of mobile homes.
A dwelling unit, prefabricated off-site, having a wood frame structure
and designed only for erection or installation on a site-built permanent foundation.
"Modular homes" are designed and manufactured in compliance with the federal
modular home construction and safety standards in force at the time of manufacture.
"Modular homes" must be furnished at the time of purchase with blueprints
that have a state seal of approval affixed.
[Amended 4-25-1988 by L.L. No. 1-1988]
Any vehicular, portable structure built on a chassis designed to
be used as a temporary dwelling for travel, recreation or vacation uses, including
tent trailers. The body design of a "recreational vehicle" shall not exceed
eight feet in width nor 35 feet in length. Any "recreational vehicle" used
for residential purposes for more than 180 days in any one calendar year shall
be subject to the standards and regulations governing mobile homes.
Right-of-way line of a road as dedicated by a deed or record. Where
the width of the road is not established, the "road line' shall be considered
to be 25 feet from the center line of the road pavement.
[Amended 4-28-1998 by L.L. No. 1-1998]
A.
No owner or occupant of any land or premises within the
Village of Sylvan Beach shall use or permit the use of such land for the parking,
storage or location of a mobile home or recreational vehicle or tents for
the creation, modification or expansion of a mobile home park or campground
without obtaining an appropriate permit.
B.
Exceptions.
(1)
Nothing in Subsection A above shall prohibit an owner or occupant from permitting guests to park and occupy, for sleeping purposes only, an inspected and registered recreational vehicle on his/her property for a period not to exceed five days per month. Electricity may be supplied from the house to the recreational vehicle, but no water or sewer connections will be permitted. Such occupancy shall require a free permit issued by the Village Clerk or enforcement officer.
(2)
Subsection A above shall not apply to the parking of a recreational vehicle used solely for away-from-home camping trips or traveling, provided that the owner parks or stores the same on his premises in as inconspicuous a location as possible, without electrical, water or sewer attachment. This privilege is restricted to one recreational vehicle per dwelling. A free parking sticker obtained from the Village Clerk shall be displayed on each vehicle.
(3)
Nothing in Subsection A above shall prohibit an owner of a residential use property from erecting a tent for children/youths/minors or obtaining a permit for guests to occupy for sleeping purposes only, for a time not to exceed 48 hours. A free permit shall be issued by the Village Clerk or enforcement officer.
General procedures to be followed when applying for a permit under this
chapter are as follows:
A.
The applicant shall obtain a permit application form
from the Village Clerk.
B.
The completed form, along with two copies of the proposed
site plan and appropriate fee, shall be returned to the Village Clerk.
C.
Site plan.
(1)
Two copies of the proposed site plan drawn to scale shall
be submitted with the application showing the dimensions of the lot, location
of all existing and proposed buildings, dimensions and capacities of all sanitary
and water facilities, parking areas and driveways, utility easement and natural
watercourses, ponds or surface drainage patterns.
D.
Review of application; inspection.
(1)
Upon receipt of the application form and site plan, the
Village Clerk shall refer the materials to the enforcement officer who shall
review the application for completeness. He/she shall also determine whether
requirements of other village, state or federal laws apply and whether applicable
permits are necessary.
(2)
Prior to any site preparation, the enforcement officer
shall conduct an on-site inspection. To assist the enforcement officer on
the inspection, the applicant shall be required to locate stakes on the site
in conformity with information shown on the site plan.
(3)
The enforcement officer shall then forward the application
with his review comments to the Sylvan Beach Village Board. In the case of
an application for a mobile home park or a campground, the application and
review comments shall first be forwarded to the Sylvan Beach Planning Board
for review. Within 30 days, the Planning Board shall forward the application
along with its recommendations to the Village Board. The Village Board shall
hold a public hearing after 10 days' public notice.
E.
If the proposal has met all the requirements of this
chapter the Village Board shall direct the enforcement officer to issue the
permit. The enforcement officer shall notify the applicant by mail at his/her
last known address no later than 60 days from the date of application. The
enforcement officer shall file a copy of the permit with the Village Clerk
within one week of the issuance.
F.
An applicant who has not commenced development within
six months after a permit has been issued shall not thereafter commence such
development without first reapplying for and receiving a permit. Continuing
development without a permit shall constitute a violation of this chapter.
G.
During site preparation and before occupancy, if it is
determined by the enforcement officer that site development has not proceeded
in accordance with the site plan as shown on the application, the issued permit
shall be revoked until such time that the work is corrected to the satisfaction
of the enforcement officer.
A.
A nonrefundable application fee shall be paid to the
Village Clerk at the time application is made by cash, certified check or
money order payable to the Village of Sylvan Beach in the following amounts:
B.
The cost of any site inspections, tests or professional
consulting needed to comply with the regulations of this chapter shall be
paid by the applicant.
A.
The following requirements shall apply to any mobile
home, whether it is located individually or in a mobile home park:
(1)
An enclosure or skirt of stone, blocks, bricks or other
fire-resistant material shall be erected around the entire base of each mobile
home and shall be designed to allow ventilation in order to inhibit decay
of the structure.
(2)
Each mobile home shall be provided with a stand which
will give a firm and adequate support to ensure against shifting and settling.
(3)
Each mobile home shall be well-anchored at each corner
of the stand to ensure against uplifting or overturning.
(4)
Each mobile home shall be subject to all applicable portions
of the village laws pertaining to residential structures.
The following requirements shall apply to recreational vehicles located in a campground. Recreational vehicles are not permitted individually or within mobile home parks. If they are used as a residence within a mobile home park, they assume the requirements of a mobile home. If they are stored in the mobile home park, they shall be subject to the same restrictions as in § 75-4B(2).
A.
The required site plan to be submitted with the application
form shall be at a scale of one inch equals 100 feet showing locations of
mobile homes, private roads within the development, power and telephone lines,
water and sewer systems, accessory building locations, park property boundary
lines and dimensions, adjacent property owners, natural features (watercourses,
wooded areas, wetlands, etc.) and trash collection facilities.
B.
A proposed mobile home park shall not be granted final
approval and a permit until the park proposal has been approved by the County
Health Department. A copy of the Health Department's approval shall become
a part of the application.
C.
In addition to the standards required by the County Health
Department, the following standards shall be met prior to granting a permit:
(1)
No mobile home park shall be less than five acres in
size.
(2)
Each mobile home park shall have adequate access to a
public highway.
(4)
Each mobile home park shall be divided into mobile home
lots or areas not less than 50 feet wide nor less than 100 feet deep.
(5)
Each mobile home lot shall be defined by permanent markers
set at the corners.
(6)
Mobile homes shall have at least 20 feet of clearance
between trailers and fifteen-foot front and rear yards.
(7)
All entrances to and exits from any mobile home park
shall be well-marked and so arranged as not to constitute a traffic hazard.
(8)
All private streets, roads and drives within any mobile
home park shall be at least 20 feet wide and shall be gravel with dust-inhibiting
material or of other durable construction and shall be adequately lighted.
The operator shall be responsible for constructing, maintaining and plowing
such roads.
(9)
Each mobile home lot shall provide at least two off-street
parking spaces, a minimum of nine feet wide by 18 feet deep.
(10)
A minimum of 5% of the total area of the mobile home
park shall be dedicated as a recreation area and shall be fully maintained
by the park owner.
D.
The operator of a mobile home park shall maintain an
office in the immediate vicinity of the park and shall maintain accurate records
of the names of park residents, home address and the make, description, year
and license or identification number of each automobile and mobile home. These
records shall be available to any law enforcement official and/or village
enforcement officer.
E.
Any modification or expansion to the mobile home park
site, as shown on the approved application plan, shall require a permit. The
procedure for this permit shall be the same as for a newly proposed mobile
home park. Any expansion of mobile home parks existing prior to the effective
date of this chapter shall also require a permit for the new portion.
A.
The campground must provide at least a minimum of five
acres for tents and/or recreational vehicles for a permit to be granted.
B.
The required site plan submitted with the application
form shall be at a scale of one inch equals 100 feet showing proposed locations
of recreational vehicle and tenting sites, private roads within the development,
power and telephone lines, water and sewer systems, accessory building locations,
park property boundary lines and dimensions, adjacent property owners, natural
features (watercourses, wooded areas, wetlands, etc.) and trash collection
facilities.
C.
A proposed campground shall not be granted final approval
and a permit until the campground proposal has been approved by the County
Health Department. A copy of the County Health Department's notice of
approval shall become a part of the application form.
D.
In addition to the standards required by the State Health
Department, the following standards shall be met prior to granting a permit:
(1)
Each campground shall have adequate access to a public
highway, and each campsite shall be serviced from interior roadways.
(3)
Each campground shall be divided into campsites which
shall have a minimum area of 1,500 square feet for the use of short-term campers
and a minimum area of 2,500 square feet for the use of long-term or seasonal
campers.
(4)
The corners of each campsite lot shall be clearly and
permanently marked and each lot numbered for identification.
(5)
All entrances to and exits from any campground shall
be well-marked and so arranged as not to constitute a traffic hazard.
(6)
All private streets, roads and drives within such campground
shall be at least 20 feet wide and shall be gravel with dust-inhibiting material
or of other durable construction and shall be adequately lighted. The owner
or operator shall be responsible for constructing, maintaining and plowing
such roads.
(7)
A minimum of 10% of the total area of the campground,
not including the required setbacks, shall be dedicated to a recreation area
and shall be fully maintained by the park owner.
(8)
All campsites shall be located on generally level terrain
that is well-drained and clear of dense brush.
(9)
Every campground shall provide a utility building or
building containing at least one automatic washing machine and be equipped
with one toilet, lavatory and bathtub or shower for each sex, unless the permit
restricts the park only to recreational vehicles equipped with toilet, lavatory
and bath and shower.
E.
If a permanent addition is added to a recreational vehicle,
after the enactment of this chapter, then it becomes a permanent taxable structure.
F.
Mobile homes shall not be parked, whether permanently
or temporarily, in any campground, except one mobile home to be used exclusively
as an office and/or residence of the operator.
G.
The owner or managing agent of any campground shall manage
such campground from an office located on or in the immediate vicinity of
the campground and shall maintain an accurate record of all persons accommodated
in the camp, their home addresses, the make and license number of their automobiles
and a description of the tent or recreational vehicle occupied. These records
shall be available to any law enforcement official and/or enforcement officer.
H.
No tent or recreational vehicle shall be used or occupied
in a campground established under this chapter for more than 180 days in any
year. Utilities are to be disconnected after 180 days. Nothing herein contained
shall prevent a campground proprietor from designating one portion of a campground
as a storage area for unoccupied recreational vehicles for longer periods
than 180 days.
I.
Arrangement of campsites, utility building design and
specifications of office buildings shall be considered as part of the application
and shall not be altered after approval of such application unless an application
in writing for permission to make such change shall be submitted and approved.
J.
No annual renewal shall be granted by the Village Board
until an inspection shall be made by the enforcement officer and his approval
filed with the Village Board. Upon receipt of a favorable report by the enforcement
officer and payment of the annual permit fee, the Village Board may issue
a new annual permit. The fee shall be set by the Village Board by resolution.
All nonconforming situations in existence at the time of the adoption
of this chapter shall be identified on a map provided by the owner of the
mobile home or recreational vehicle or the operator of the mobile home park
or campground and registered with the enforcement officer within 90 days of
the effective date thereof. All the provisions of this chapter shall apply,
except for existing lots which shall not be subject to the location and minimum
area requirements. Failure to register will result in the revocation of the
annual permit. The village shall be required to notify the owner and provide
an officer to help identify all nonconforming situations.
A.
Flood hazard areas. These areas are shown on the Flood
Hazard Boundary Map or Flood Insurance Rate Map for the Village of Sylvan
Beach, published by the Federal Emergency Management Agency. All activity
in such areas shall conform to revised regulations of the National Flood Insurance
Program, published in Subchapter B of Chapter X of Title 24 of the Code of
Federal Regulations and effective on December 1, 1976, which are adopted herein
by reference.
B.
State Environmental Quality Review (SEQR).
(1)
General. Article 8 of the Environmental Conservation
Law, "State Environmental Quality Review Act" (SEQR), requires that all local
governments evaluate the environmental impacts of their acts and those of
persons seeking funding or permits from them.
(2)
Procedures. If it is determined that an action may be listed as a Type I activity in Section 617.12, Part 617, of Title 6 of NYCRR, then the action shall require submission of an environmental assessment form (EAF) prepared by the applicant for review by the Planning Board. The EAF shall be reviewed in order to determine whether or not the proposed action may have a significant effect on the environment. If it is determined that the effect may be significant, the Planning Board shall require preparation and submission by the person causing the action of a draft environmental impact statement (EIS), as described in Subsection B(4) below and in provisions of Part 617 of Title 6 of NYCRR. The Planning Board shall have the responsibility for reviewing the draft EIS, filing and circulating the notice of completion and, if the Board so desires, conducting a public hearing after proper public notices, all in accordance with the provisions of Part 617 of Title 6 of NYCRR. The Planning Board shall then require the preparation of the final EIS, revising the draft as they see fit, and file and circulate a final notice of completion as required in the provision of Part 617 of Title 6 of NYCRR.
(3)
Activities requiring an environmental impact statement.
An environmental impact statement shall be required for any Type I action,
as identified in Part 617 of Title 6 of NYCRR, and which is determined to
have a significant impact on the environment based upon review of an EAF by
the Planning Board.
(4)
Environmental impact statement. The environmental impact
statement shall include the following types of information:
(a)
A description of the proposed action and its environmental
setting.
(b)
The environmental impact of the proposed action, including
short-term and long-term effects.
(c)
Any adverse environmental effects which cannot be avoided
should the proposal be implemented.
(d)
Alternatives to the proposed action.
(e)
Any irreversible and irretrievable commitments or resources
which would be involved in the proposed action should it be implemented.
(f)
Measures proposed to minimize the environmental impact.
(g)
The growth-inducing aspects of the proposed action.
(h)
Effects of the proposed action on the use and conservation
of energy resources.
(i)
Such other information as may be prescribed by the review
agent.
A.
The Village Board shall appoint an enforcement officer
who shall have the authority to issue permits only in strict compliance with
this chapter and shall have no authority to vary the requirements unless so
directed by the Village Board.
B.
Any person aggrieved by issuance or denial of a permit
or other determination of the enforcement officer may appeal to the Village
Board, whose determination within 45 days shall be final.
C.
The enforcement officer shall be empowered to enter the
premises to make such inspections as necessary to assure compliance with this
chapter. It shall be the mutual responsibility of the permit applicant and
the enforcement officer to arrange inspections prior to permit issuance.
D.
Annual inspection by the Fire Department officials is
required by July 1.
A.
Any person who violates any provision of this chapter
shall be guilty of a violation as defined in Article 10 of the Penal Law and
shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment
for not more than 15 days, or to both fine and imprisonment. Each week's
continued violation shall constitute a separate and distinct offense.
B.
Compliance with this chapter may also be compelled and
violations restrained by order or injunction of a court of competent jurisdiction.
C.
The Village Board or the enforcement officer is hereby
authorized to institute necessary proceedings to enforce compliance herewith.
A conflict between the requirements of this chapter and those of any
other ordinance, rule, regulation, statute or other provision of law shall
be resolved by giving effect to the provision imposing the more restrictive
requirement or higher standard.
