[HISTORY: Adopted by the Town Board of the
Town of Kingston as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-2-1970][1]
The regulations set forth herein are made to
insure the development of suitable plans for mobile home courts, including
provisions for sewage disposal, water supply, garbage removal, registration
of occupants, inspection of facilities and other actions deemed necessary
to protect the public health, safety and welfare of the Town of Kingston.
Certain words and terms used in this article
are defined for the purposes thereof as follows:
A portable structure for which the State of New York Department
of Motor Vehicles will issue a license to move on any public way,
with or without its own motive power, equipped for or used for living
purposes or camping, and mounted on wheels or designed to be mounted
and transported on a flatbed trailer or light truck.
Any lot on which two or more mobile homes are located, regardless
of whether or not a charge is made for such accommodations.
No person, partnership, association or corporation
shall operate a mobile home park unless a permit has been obtained
as provided herein.
A.
The Town Clerk of the Town of Kingston shall issue
a permit effective from the day of issuance for the period of one
year; at the end of which time it must be renewed for each successive
year.
B.
This permit will not be issued until the Town Clerk
has received the following:
(1)
A written application from the applicant.
(2)
The required fee as herein provided.
(3)
Written approval of the Ulster County Department of
Health or the New York State Department of Health District Office
of the sanitation facilities provided.
(5)
A resolution of the Town Board approving issuance
of the permit.
C.
This permit shall not be transferable or assignable.
D.
Each renewal of the permit shall be passed upon by
a resolution of the Town Board.
E.
Written application for renewal must be submitted
not less than one month prior to the expiration of the current permit,
and must be accompanied by the fee as provided for renewals.
F.
Any proposed changes or additions to the original
plans must be submitted to the Town Clerk when application is made
for renewal.
At the time of issuance of the permit, the applicant
shall pay the Town Clerk a fee equal to the sum of $25 plus $5 for
each of the lots authorized by the permit. Minimum fee shall be $35.
At the time of each renewal, the applicant shall pay the Town Clerk
an annual fee of $10 for each lot authorized by the permit. If an
application is disapproved, the applicant shall have the right to
appear before the Town Board for a hearing.
The owner or operator of a mobile home park
shall be responsible to provide for:
A.
Collection of garbage and other waste material.
B.
To provide for cleaning, painting, repairing, and
disinfecting of all buildings.
C.
To prohibit the placing or storage of unsightly material
or vehicles of any kind.
D.
To take such other measures as shall be deemed necessary
by the Town Board to preserve the health, comfort and safety of all
the persons accommodated in the mobile home park and of the general
public.
E.
Removal of snow from all roadways contained within
the mobile home park.
F.
To keep a current record of the occupants of the park.
A.
Site. The park shall be located on a well-drained
site which is properly graded to insure rapid drainage.
B.
Park size. The park shall be at least five acres in
size.
C.
Lot size. Each lot for a single mobile home shall
not be less than one acre in area.
D.
Park layout.
(1)
All portions of the park must be readily accessible
by road. These roads shall be 16 feet minimum in width and of sufficient
strength to accommodate the passage of occasional large trucks, such
as fire engines. Any dead-ended roads must have a turnaround provided
of 50 feet in radius, minimum.
(2)
No mobile home may be closer than 50 feet to any other
mobile home or to the boundaries of the park.
(3)
Where the boundaries of the mobile home park are within
500 feet of a permanent dwelling other than that of the owner or operator
of the park, a screen of deciduous and/or evergreen trees of not less
than 10 feet in height must be provided, unless the express written
permission of each home owner affected is obtained and submitted to
the Town Board prior to the start of construction.
A.
Enforcement. Any person, firm or corporation who violates,
disobeys, neglects or refuses to comply with any of the provisions
of this article shall be guilty of a misdemeanor and upon conviction
thereof, be subject to a fine of not more than $100 or imprisonment
of not more than six months for each offense.
B.
Term of violation. Each month a violation is continued
after the initial notification of violation shall be deemed a separate
offense.
The mobile home parks in existence prior to
the enactment of this article are exempted from the provisions contained
herein. However, any changes to them must have the permission of the
Town Board, and any addition will be considered to be a new mobile
home park and such be regulated by this article. The term "in existence"
shall be deemed to mean in active operation, not in planning or preparation
for operation.
[Adopted 6-2-1980 by L.L. No. 1-1980][1]
This article shall be known as the "Local Law
for the Regulation of Mobile Homes and/or Trailers, and Travel Trailers."
The purpose of this article is to promote the
health, safety, morals and general welfare of the community, including
the protection and preservation of the property of the Town of Kingston
and of its inhabitants by establishing specific requirements and regulations
governing the occupancy and maintenance of mobile homes and travel
trailers.
For the purposes of this article, the following
words, terms and phrases all have the meaning ascribed to them in
this section.
A mobile home is any portable vehicle which is designed to
be transported on its wheels or those of another vehicle; which is
used, designed to be used or capable of being used as a detached single-family
residence, and which is intended to be occupied as permanent living
quarters and may contain sleeping accommodations, a flush toilet,
a tub or shower, kitchen facilities and plumbing and electrical connections
for attachment to outside systems.
A trailer (travel) is any portable vehicle which is to be
transported on its own wheels; which is designed and intended to be
used for temporary living quarters for travel, recreation or vacation
purposes; and which may or may not include one or all of the accommodations
and facilities included in a mobile home.
A.
Any mobile home parked or placed outside a duly licensed
mobile home park shall have an adequate supply of pure water for drinking
and domestic purposes and a sewage disposal system. Both systems shall
satisfy the requirements of the Ulster County Department of Health.
B.
An occupied mobile home outside a duly licensed mobile
home park shall be parked or placed:
C.
Not more than one occupied mobile home shall be placed
or parked on any parcel of land which is located outside a licensed
mobile home park.
D.
Every mobile home located outside a licensed mobile
home park shall have a trailer skirt or suitable substitute to screen
the undercarriage of the mobile home.
A mobile home which is lawfully in existence prior to the enactment of this article but not located in a mobile home park may be continued to be used as living quarters by its occupants provided it meets all the requirements of § 254-13A.
The Code Enforcement Officer of the Town of
Kingston shall enforce all of the provisions of this article. Such
Code Enforcement Officer shall have the right, at all times, to enter
and inspect any premises used for the parking or placement of a mobile
home, outside a duly licensed mobile home park.
Any person, partnership, association or corporation
who violates any provision of this article shall be guilty of a violation
and subject to a fine of not less than $25 or more than $100 or to
imprisonment for a period of not more than 30 days, or both fine and
imprisonment. When a violation of any of the provisions of this article
is continuous, each week or portion thereof shall constitute a separate
and distinct violation.
None of the provisions of this article shall
be applicable to the following:
A.
The business of mobile home or travel trailer sales,
except that where units are used as living quarters, they shall conform
with the provision of this article.
B.
The storage or garaging of mobile homes or travel
trailers not being used for living or sleeping purposes within a building
or structure or to the storage of one unoccupied mobile home or travel
trailer on premises occupied as the principal residence by the owner
of such mobile home or travel trailer; provided, however, that such
unoccupied mobile home or travel trailer shall not be parked or located
between the street line and the front building line of such premises.
This requirement may be waived by order of the Town Board due to extenuating
circumstances.
C.
A mobile home or travel trailer located on the site
of a construction project, survey project or other similar work project
and which is used solely as a field office or work or tool house in
connection with such project, provided that such mobile home or travel
trailer is removed from such site within 30 days after the completion
of such project.
D.
A sectional house which is prefabricated in sections,
transported to the building site, then fastened together and placed
on a permanent and totally enclosed masonry foundation and which has
a minimum width of 18 feet for its entire length and contains a minimum
of 720 square feet of usable living space.
