[HISTORY: Adopted by the Town Board of the Town of Wheatfield 5-6-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Court Law of the Town of Wheatfield."
The purpose of this chapter is to promote the health, safety, protection and general welfare of the inhabitants of the Town of Wheatfield in the following manner:
By the regulation of mobile homes in courts and the requirement that all mobile home courts be properly licensed in the Town of Wheatfield by the Town Board.
By the requirement that mobile home courts can be established only in accordance with the plans for the same, as approved by the Town Board, after review and recommendation by the Town Planning Board.
By the promulgation of standards and regulations for the design and operation of mobile home courts.
Word usage. When not inconsistent with the context, words used in the present tense include the future tense; plural and singular connotations are interchangeable. The word "person" includes a firm, partnership or corporation as well as an individual, whether tenant, owner, lessee, licensee, agent, heir or assignee. The word "shall" is always mandatory. The word "may" is always permissive. The word "used" includes the term "designed or intended to be used."
Definitions. For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section:
- BUILDING INSPECTOR
- The duly appointed Building Inspector of the Town of Wheatfield or any person designated by the Town Board to act in his or her absence.
- COURT SITE PLAN
- The plan required of an applicant for a license to establish, maintain and operate a mobile home court in the Town of Wheatfield pursuant to the standards for mobile home courts as enumerated in this chapter. Said plan shall show all of the required information pertaining to the proposed layout of a premises for a mobile home court in compliance with this chapter.
- COURT STREET
- A private way which affords principal means of access to individual court units or auxiliary buildings.
- A minor private way used by vehicles and pedestrians on a mobile home court unit. This area may constitute off-court-street parking.
- ENFORCEMENT OFFICER
- The person duly appointed by the Town Board to enforce the provisions of this chapter. Unless otherwise designated by the Town Board, the Building Inspector shall be the enforcement officer.
- FIRE COMPANY
- The organization, public or private, authorized by the Town of Wheatfield or by the state law to provide fire prevention and fire protection services to any or all areas of the Town of Wheatfield.
- A written permit or certification issued by the Town of Wheatfield, permitting the construction, operation, alteration and extension of a mobile home court under the provisions of this chapter.
- MOBILE HOME
- A manufactured, single-family dwelling unit, designed for year-round residence, mounted on its own carriage for movement by towing to a mobile home court unit. This definition does not include vehicles considered to be camping trailers or self-propelled motorized vehicles.
- MOBILE HOME COURT
- A parcel of land which has been designed and improved for the placement of mobile homes for nontransient use and cannot be platted and filed as a subdivision with the Niagara County Clerk.
- MOBILE HOME LOT
- The space for rent or lease only in any mobile home court which shall be designed for and assigned to occupancy by one mobile home.
- MOBILE HOME STAND
- That part of an individual mobile home unit which has been reserved for the placement of a mobile home exclusive of any appurtenances.
- OPEN SPACE
- A public or private area which has no physical improvements. Open space areas may include active or passive recreational components. Such spaces may be required to be provided by developers for the general use of the public or residents of the development.
- A surfaced outdoor living space designed and intended to supplement the interior mobile home living area on a seasonal, warm-weather basis.
- RECREATIONAL USE
- Area set aside exclusively for any form of active or passive pursuit of play, amusement or relaxation.
- SERVICE BUILDING
- A structure housing sanitary, operation, office, recreational, maintenance or other facilities built to conform to required standards of this chapter.
- TOWN BOARD
- The duly elected Town Board of the Town of Wheatfield.
- TOWN CLERK
- The duly elected Town Clerk of the Town of Wheatfield.
- TOWN ENGINEER
- The duly appointed Town Engineer of the Town of Wheatfield.
Except as otherwise provided by this chapter, no premises in the Town of Wheatfield shall be used for the parking or locating of a mobile home without a license.
No license shall be required for the storage of an unoccupied mobile home completely within a garage or other enclosed structure in the Town of Wheatfield. No license shall be required for a mobile home parked or located in a duly licensed mobile home court.
Upon approval of the Town Board, the Town Clerk of the Town of Wheatfield, upon written application and upon payment of required fees as established by the Town Board, shall issue a license to park or to display for sale a single mobile home subject to the following terms and conditions: a license to park, but not occupy, a single mobile home in any nonresidential district of the Town, as defined by the Chapter 200, Zoning, may be issued for a period not to exceed one year, provided that the mobile home is so located as to be consistent with existing setback and bulk regulations.
Upon approval of the Town Board, temporary emergency parking of a mobile home on premises, public or private, in the Town of Wheatfield while awaiting repairs shall not require a license nor be considered in violation of this chapter, but shall be subject to any other restrictions imposed by law, ordinance or parking regulations.
All mobile home courts lawfully in existence at the time of the effective date of this chapter shall be exempt from all of the provisions of this chapter, except that the owner or operator of an existing mobile home court shall obtain a license which shall be issued by the Town Clerk upon written application and the payment of the required fees as set forth from time to time by resolution of the Town Board and that any repositioning of mobile homes shall be in a manner that shall maintain a minimum distance of 13 feet between mobile homes.
Any existing mobile home court which expands after adoption of this chapter must comply with all requirements of this chapter in the area so expanded as to setback, size, etc.
A mobile home court license shall expire on the 31st day of December following the date of issuance, but may be renewed, subject to the provision of this chapter, for the additional periods of one year each. If the initial license does not coincide with the December 31 date, the fee for said license for the remaining period shall be prorated.
The original application for a mobile home court license shall be filed with the Town Clerk. Such application shall be accompanied by six copies of the court site plan drawn to scale, and such plan shall be prepared by a professional engineer or land surveyor duly licensed by the State of New York, and such plan shall be approved by the Niagara County Health Department. Such plan shall also indicate such other information as may be required to establish complete compliance with this chapter, as defined in § 114-8 for new mobile home courts and as required elsewhere for existing mobile home courts. One copy of said court site plan shall be distributed by the Town Clerk to each of the following: the Town Board, the Assessor, the Building Inspector or the enforcement officer of this chapter, the Town Planning Board, the Town Engineering Department and the office of the Town Clerk.
Application for a renewal of a mobile home court license thereafter shall be filed with the Town Clerk, and after receiving approval for such renewal from the Town Board, the Town Clerk shall issue such renewal license for the prescribed fee.
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
Upon receipt of the original application and the proper fee, as established by local law, the Town Clerk shall refer said application to the Planning Board for study and recommendations. Following the favorable recommendation of the Planning Board to the Town Board, the enforcement officer shall determine if all the provisions of this chapter have been complied with. The Town Board may approve said application and direct the Town Clerk to issue a license.
Mobile homes and mobile home courts may only be placed in C-1 Districts, with the exception of Route No. 62, along which no mobile home courts will be allowed, and except to existing courts which expand the number of contiguous mobile home stands.
General application and variance.
Unless otherwise provided in this chapter, the following standards shall apply to the establishment, maintenance and operation of new mobile home courts and courts that expand in a contiguous area in the Town of Wheatfield after the effective date of this chapter. They shall also apply at such times a license is reissued unless otherwise provided for in this chapter.
An exception to the above Subsection A(1) may be granted by the Town Board where said Board finds that, because of unusual circumstances such as the shape of premises, topography of premises or other existing conditions, extraordinary hardship would result from strict compliance with the following standards for mobile home courts; said Board may vary the applicability of said standards so 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 or the requirements of the Niagara County Health Department.
Mobile home court site plan. A mobile home court site plan, prepared by a licensed engineer or licensed land surveyor and approved by the Niagara County Health Department, shall be filed with the Town Clerk and the Planning Board. The mobile home court site plan shall conform in all respects to the requirements of Chapter 200, Zoning, Article XII.
Mobile home court.
Each site should have a minimum of 30 lots.
Mobile home lots.
Each single mobile home lot shall be at least 5,000 square feet, of which no more than 20% shall be occupied by the mobile home stand. Each mobile home lot shall abut a court street with access to a public highway. Such lots shall be clearly defined, and mobile homes shall be parked in such lots so that no mobile home will be:
Less than 20 feet from any other mobile home.
Less than 50 feet from any public right-of-way. However, the Planning Board of the Town may for stated reasons, recommend a greater setback. The minimum setback, as approved by the Town Board, shall not be used for accessory uses, such as recreation or vehicular parking. If such setback area is part of the mobile home court premises, such setback area shall be satisfactorily landscaped as designated on the mobile home court site.
Less than 25 feet from any property line of property abutting the mobile home court site.
Less than 15 feet from any court street.
Less than 15 feet from the rear line of any mobile home court lot.
On curved streets and culs-de-sac, the setback and side yard dimensions shall be calculated on an average basis in accordance with the aforementioned requirements.
Suitable vehicular access shall be provided to each mobile home court lot. Each court street shall be well marked and continuous and shall connect with a street or highway at a ninety-degree angle, and at least a twenty-foot width shall be improved and maintained with an all-weather hard surface on a suitable base subject to the approval of the Town Engineer. All court streets shall be illuminated as per standards required for residential subdivisions in the Town of Wheatfield.
The driveway shall not be less than eight feet in width and shall be improved and maintained with an all-weather hard surface on a suitable base subject to the approval of the Town Engineer. The driveway shall extend a minimum of 20 feet beyond the fifteen-foot front setback, but in no case shall it extend beyond the mobile home stand.
An area or areas restricted to recreational uses, not including right-of-way or easements of purpose, shall be provided in each mobile home court. A minimum of 500 square feet per mobile home court unit shall be made available in one or more places within the court for this use. The Planning Board of the Town may require suitable fencing and landscaping of such areas for screening purposes. If, in the opinion of the Board, the above areas are not desirable, the Board may waive such requirements. The Board shall then require the payment of a fee as established by the Town Board in lieu of the reservation of such recreational areas.
Each mobile home court may be required by the Town of Wheatfield to provide one or more service buildings which shall:
Be located at least 20 feet from any mobile home unit, court street, road or driveway.
Be of moisture-resistant material with well-drained floors to permit washing and cleaning.
Be of permanent construction and adequately lighted.
Have adequate heating facilities to maintain a temperature of 70° F. during cold weather and to supply a minimum of three gallons of hot water per hour per mobile home court unit during the time of peak demands.
Have all rooms well ventilated with all openings effectively screened.
Provide in such service building at least two commercial washing machines and one commercial drying machine and, in addition, two washers and one dryer for each 25 mobile home court units not having self-contained washers and dryers. Said facilities shall be maintained in properly operating condition at all times.
Standards adopted by the Department of Health shall be used to determine the sufficiency of toilet and laundry facilities provided in any and all mobile home courts.
No mobile home court license shall be issued unless and until the water system thereof is connected to and serviced by a public water supply and distribution system and approved by the Niagara County Health Department. The water system of a mobile home court shall be connected by pipes to each mobile home stand and to each service building. No common drinking cups or other utensils shall be permitted. Drinking water facilities shall not be placed in any toilet room or water closet compartment.
All plumbing in a mobile home court shall be constructed and maintained in accordance with standards approved by the Niagara County Health Department and in compliance with the Town of Wheatfield standards and with all applicable state and local laws and regulations.
All waste from showers, tubs, toilets, laundries, faucets, sinks and lavatories shall be wasted into a public sewer system or a private disposal system whose design, capacity, construction and operation are approved by the Niagara County Health Department. Each mobile home court unit shall be provided with a satisfactory sewer connection approved by the Niagara County Health Department.
An electric outlet shall be provided for each mobile home stand. The installation of said outlet shall comply with standards approved by the American Insurance Association or its successors and with all applicable state, county and Town laws and regulations. The use of coal, coke or wood for heating, lighting or cooking shall be in compliance with the New York State Uniform Fire Prevention and Building Code in all mobile homes and in any service building.
The mobile home court operator shall manage the court in accordance with the recommendations of Niagara County Health Department.
Every mobile home court owner or operator shall maintain a register containing a record of all mobile homes and occupants using the mobile home court. Such register shall be available to any authorized person inspecting the mobile home court and shall be preserved for the period required by the enforcement officer. Such register shall contain:
In every mobile home court there shall be a building in which shall be located the office of the operator or person in charge of said court. A mobile home may be approved by the Town Board to serve as said office instead of a separate building but shall be identified as the office. A copy of the court license and a copy of this chapter, and all subsequent amendments thereto as may be made from time to time by the Town Board, shall be posted in said office. The court register shall at all times be kept in said office.
It is hereby made the duty of the attendant or person in charge, together with the licensee, to:
Keep the court register.
Maintain the court in a clean, orderly and sanitary condition at all times.
See that the provisions of this chapter are complied with, including the collection and payment to the Town Clerk of any mobile home occupancy fees as may be set forth from time to time by resolution of the Town Board to be paid in connection with the occupancy of the mobile home court.
The cost of compliance with the above standards are the sole responsibility of the court owner.
It shall be unlawful to increase the living or storage space of any mobile home licensed hereunder or located in a duly licensed mobile home court without first obtaining a permit from the enforcement officer. This shall not preclude or prohibit the erection of a storm shelter or seasonal enclosure thereon, provided that a permit is secured therefor, and provided that storage space is not afforded in the storm shed. Awnings or canopies may be attached to mobile homes and an outdoor, unenclosed patio may be constructed to the rear of the front setback without securing permits therefor.
No occupied mobile home shall be located in any area other than on a lot in a mobile home court.
Mobile home courts shall at all times be maintained in a clean and sanitary manner in accordance with the provisions of this chapter and with any other requirements imposed as a condition of granting a license or the renewal thereof. Nothing in this chapter shall be construed to abrogate any of the provisions of the Niagara County Health Department or of the Public Health Law of the State of New York, as the same now provide or as the same may hereafter be amended. In the event of inconsistencies existing between the provisions of this chapter and said code or law, said code or law shall govern.
From the effective date of this chapter, no mobile home court, park or camp in existence on the effective date of this chapter in the Town of Wheatfield shall be expanded, enlarged or extended in any way, unless such expansion is in full compliance with the provisions of this chapter, and which premises and mobile home occupancy, upon inspection by the enforcement officer, are determined to be eligible for a license as a duly licensed mobile home court in the Town of Wheatfield.
Before a mobile home court commences operation, the enforcement officer shall make an inspection of the premises to determine that all of the requirements of this chapter have been complied with before he or she grants and issues a certificate of occupancy.
If the enforcement officer finds that such mobile home court is not being maintained in a clean, orderly and sanitary condition or that such mobile home court is not being operated in accordance with the provisions of this chapter, he or she shall serve upon the licensee, his or her agent or employee, an order, in writing, directing that the condition therein specified be remedied within 10 days after service of such order. If after the expiration of said period such conditions are not corrected in accordance with said order, the enforcement officer shall serve a notice, in writing, upon such mobile home court licensee requiring the licensee to appear before the Town Board of the Town of Wheatfield at a time to be specified in such notice and show cause why such license would not be otherwise revoked. The Town Board may, after a hearing at which time the testimony and witnesses of the enforcement officer and the licensee shall be heard, revoke said license if the conditions described in the original order have not been corrected or if the licensee has violated or caused to have violated any of the other provisions of this chapter not so cited in the original order of the enforcement officer. Upon the revocation of such license, the premises affected shall forthwith cease to be used for the purpose of a mobile home court and all mobile homes shall be removed therefrom within a period of time as indicated by the revocation action of the Town Board.
Any person who violates any provision of this chapter shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment. The imposition of any penalty for a violation of this chapter shall not excuse the violation or permit it to continue.
The Town Clerk and the enforcement officer are directed to maintain one copy of this chapter and all revisions and amendments thereto in their respective offices where they may be inspected by any interested person.
Unless otherwise provided by action of the Town Board, the Building Inspector of the Town of Wheatfield shall be the enforcement officer of this chapter. It shall be his or her duty and responsibility to perform all tasks assigned to the enforcement officer by the provisions of this chapter.
It shall be the duty of the Town Clerk to perform all tasks assigned to him or her by the provisions of this chapter. Among other duties, the Town Clerk shall collect, record and turn over to appropriate Town officials all moneys received from license applications, license renewals, permits and such other certifications as provided for in this chapter or by the Town Board.
Fees for licenses, applications, renewals, permits and such other authorizations by the Town of Wheatfield, as provided for in this chapter, shall be established from time to time by resolution by the Town Board by type and amount.