[HISTORY: Adopted by the Town Board of the
Town of Grand Island 5-15-1989 by L.L. No. 2-1989. Amendments noted where
applicable.]
This chapter shall be known as the "Local Law
for the Regulation of Manufactured Home Parks and Manufactured Homes
in the Town of Grand Island, County of Erie and State of New York."
A.
The purpose of this chapter is to promote the health,
safety, protection and general welfare of the inhabitants of the Town
of Grand Island, including those living in manufactured homes and
manufactured home parks, in the following manner:
(1)
By the regulation of manufactured homes and manufactured
home parks and the requirement that all manufactured home parks be
properly licensed in the Town of Grand Island as provided by this
chapter.
(2)
By the requirement that manufactured home parks 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.
(3)
By the promulgation of standards and regulations for
the design, occupancy and operation of manufactured homes and manufactured
home parks as set forth in this chapter.
A.
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANUFACTURED HOME SPACE
MANUFACTURED HOME STAND
MOBILE HOME
MODULAR HOME
PARK OCCUPANT
PATIO
SERVICE BUILDING
SITE PLAN
As used in this chapter, the following terms shall
have the meanings indicated:
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one
or more sections, which in the traveling mode, is eight feet (2,438
mm) or more in width or 40 feet (12,192 mm) or more in length, or,
when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Federal Department of Housing and Urban Development and complies with
the standards established under the national Manufactured Housing
Construction Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle.[1]
A parcel of land which is used or designed or improved for
the placement of manufactured homes for nontransient use as a permanent
dwelling.
The lot or space for rent or lease in any manufactured home
park which shall be designed for and assigned to occupancy by one
manufactured home.
That part of an individual manufactured home space which
has been reserved for the placement of a manufactured home exclusive
of any appurtenances.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode, is eight feet (2,438 mm) or more in width
or 40 feet (12,192 mm) or more in length, or, when erected on site,
is 320 square feet (29.7 m2) minimum, constructed
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities and includes the
plumbing, heating, air conditioning and electrical systems contained
therein. The term "mobile home" shall not include any travel trailers
or any self-propelled recreational vehicle.[2]
A sectional house which conforms to nationally recognized
state and local building codes and which is prefabricated in sections
and intended to be transported to the building site and fastened together
and placed on a permanent and enclosed masonry foundation and which
contains a minimum of 750 square feet of living space.
Any person or persons dwelling or occupying a manufactured
home in a manufactured home park within the Town of Grand Island.
A surfaced outdoor living space designed and intended to
supplement the interior manufactured home living area on a seasonal,
warm-weather basis.
A structure housing sanitary, operational, office maintenance
or other facilities in a manufactured home park built to conform to
required standards of this chapter.
The plan required of an applicant for a license to establish,
maintain and operate a manufactured home park in the Town of Grand
Island pursuant to the standards for manufactured home parks as enumerated
in this chapter. Said plan shall show in sufficient detail, as required
by local reviewing authorities, all of the required information pertaining
to the proposed layout of premises for a manufactured home park in
compliance with this chapter.
A.
Each manufactured home used as a permanent, nontransient dwelling within the Town of Grand Island shall be located in a manufactured home park as is defined herein. Each manufactured home park must be located in an R-3 District as set forth in Schedule IV of Chapter 407 of the Town Code[2] and established as a special use therein.
B.
Only manufactured homes and mobile homes, including
their accessory structures, and service and recreational buildings
shall be located in a manufactured home park.
A.
Each manufactured home park doing business in the Town of Grand Island must obtain a license therefor pursuant to the procedure set forth in this chapter and must obtain a special use permit as set forth by this chapter and Chapter 407 of the Town Code. The Town Board may also require that restrictive covenants be applicable to a manufactured home park and that said covenants be duly recorded in the Erie County Clerk's Office.
C.
Prior to final site plan approval, any proposed manufactured
home park must be reviewed for its environmental impact pursuant to
Article 8 of the Environmental Conservation Law.
D.
After environmental review and site plan approval, the applicant must then apply for and obtain a special use permit pursuant to the procedures set forth in Chapter 407 of the Town Code and the provisions of this chapter.
E.
After successfully completing the above steps, the
owner or operator of any proposed manufactured home park shall then
obtain a license to operate a manufactured home park. The license
shall be issued by the Town Clerk. The application shall be made on
a form obtained from the Town Clerk for the unexpired time period
of the owner's special use permit. At the time of application, a fee
shall be paid to the Town Clerk in an amount as set forth in the schedule
of fees adopted by Town Board resolution.[1] The application for a manufactured home park license and
the appropriate fees shall be duly received and recorded by the Town
Clerk and forwarded for review by the Planning Board. The Planning
Board shall review the application and make its recommendation for
approval, disapproval or approval with conditions and forward its
report to the Town Board. The Town Board shall then approve, disapprove
or approve with conditions the application for a manufactured home
park license. If the license application is approved by the Town Board,
the Town Clerk shall then issue to the applicant a license for operation
of a manufactured home park. Said license shall be issued only after
payment of a license fee which shall be for an amount as set forth
in the schedule of fees adopted by Town Board resolution.
[1]
Editor's Note: The current schedule of fees
is on file in the office of the Town Clerk, where it may be examined
during regular business hours.
F.
The initial manufactured home park license shall be
valid for not more than three years. Licenses may be renewed annually
and contingent upon the renewal of the special use permit by submitting
a renewal application to the Town Clerk on a form prescribed by the
Planning Board and upon payment of a license renewal application fee
for an amount as set forth in the schedule of fees adopted by Town
Board resolution.[2] The Town Clerk shall then forward the license renewal
application to the Planning Board for review and recommendation. The
Planning Board's recommendation shall then be forwarded to the Town
Board who shall approve, disapprove or approve with conditions the
renewal of the manufactured home park license. If the renewal application
is approved by the Town Board, the Town Clerk shall then issue a manufactured
home park license to the applicant which shall be valid for another
year. At the time of license renewal, the applicant shall also pay
a renewal license application fee to the Town Clerk in an amount set
forth in the schedule of fees as adopted by the Town Board resolution.
[2]
Editor's Note: The current schedule of fees
is on file in the office of the Town Clerk, where it may be examined
during regular business hours.
G.
If the manufactured home park has not been constructed
in accordance with the approved site plan and all the conditions attached
thereto or if a violation of this chapter shall be found or if an
unapproved change shall have taken place, the manufactured home park
license shall not be renewed until said manufactured home park has
been brought into compliance.
A.
Fee title to each manufactured home space within a
manufactured home park must remain with the developer or owner(s)
of said real property on which the manufactured home park is located
and shall not be conveyed to the individual owner or occupant or lessee
of each manufactured home space.
B.
Each manufactured home space may be leased, but only
to an owner of each manufactured home to be located on such manufactured
home space. Such leases must be in writing and signed by all parties.
Each manufactured home space shall be leased for a minimum of 180
days. Subleasing of any manufactured home space shall be prohibited.
C.
Fee title to the common areas within a manufactured
home park, including passive or active recreation areas and recreation
and service buildings and structures, must be held by the owner/developer
of said manufactured home park as long as said property is used as
a manufactured home park.
D.
The owner of a manufactured home park may contract
in writing for on-site management and operation of a manufactured
home park. Said contract shall be approved by the Town Board and a
copy thereof filed with the Town Clerk. Unsatisfactory site management
will be cause for revocation of license.
E.
Manufactured home parks shall be dedicated to residential
purposes only. No manufactured home park shall be used for the purpose
of retail or commercial sales of manufactured homes or the sale of
other commodities or services.
A.
Each manufactured home located within a manufactured
home park shall bear the insignia of approval issued by the State
of New York Fire Prevention and Building Code Council and all certificates
required by state law and regulation for construction and installation
of manufactured homes.
B.
Each manufactured home located within a manufactured
home park shall also meet the minimum requirements of any federal
or state agency for construction, safety, occupancy, use or operation
of a manufactured home and its equipment and systems. If any such
provision conflicts with this chapter, the more stringent provision
shall apply unless waived by the Town Board.[1]
C.
Each manufactured home shall be at least 12 feet wide
and 60 feet in length and shall contain at least 720 square feet and
shall have a toilet or lavatory unit and a tub or shower.
D.
It shall be unlawful to increase the living space or storage space of any manufactured home or to alter its appearance without first obtaining approval of the Planning Board, Architectural Review Advisory Board and the Town Board and thereafter subsequently obtaining a building permit according to the procedures and standards established in Chapter 125, Uniform Construction Codes, of the Town Code.
E.
The establishment and location of a manufactured home shall be subject to the architectural controls and procedures set forth in Chapter 21, Architectural Review Advisory Board, of the Town Code. There shall be an acceptable design and similarity in appearance between manufactured homes within any manufactured home park. Prior to execution of a lease for a manufactured home space, the Planning Board and Architectural Review Advisory Board shall review photographs of any manufactured home proposed to be located within a manufactured home park and both boards shall approve its design, style, use and location therein. The manufactured home park owner or on-site manager shall be responsible for the submission of photographs and obtaining such approval prior to the rental of any manufactured home space.
F.
No manufactured home to be approved by the Planning
Board and Architectural Review Advisory Board shall have or use colors
or color combinations, nor have fenestration or other features that
would be incompatible with the residential character of the manufactured
home park or with surrounding manufactured homes.
G.
No manufactured home shall be located in a manufactured
home park within the Town of Grand Island whose owner or occupant
is not in possession of a consumer manual for such manufactured home
as defined and required by 42 U.S.C. § 5416.[2]
H.
No manufactured home shall be used or occupied, nor
shall a manufactured home space be leased, until a certificate of
occupancy has been obtained from the Code Enforcement Officer for
each manufactured home. No certificate of occupancy shall be issued
until the Code Enforcement Officer receives and files documentation
that all of the standards and provisions of this section have been
met.
In addition to the requirements of Article XXIV of Chapter 407, Zoning, the following data shall be included in any manufactured home park site plan:
A.
The location, boundaries, dimensions and topography
of the tract of land proposed to be used for the manufactured home
park.
B.
The number, location and size of all spaces reserved
for manufactured homes and all service outlets or connections therefor.
C.
The boundaries of and facilities to be included in
recreation areas.
D.
The location, size and electric lighting plan for
roads, walks and outdoor areas.
E.
The location of service buildings and any other proposed
structures.
F.
The location, type and capacity of water supply, distribution
and storage, sewage treatment and disposal and stormwater drainage
facilities.
G.
Plans and specifications for all service buildings
and other improvements constructed within the manufactured home park.
H.
Plans for any and all landscaping within and/or on
the perimeter of the manufactured home park, including the number
and size of trees on each manufactured home space.
I.
Plans for solid waste disposal, including a copy of
any proposed contract for such services.
J.
Plans for recreational or community buildings and
park and recreational space.
K.
A fire protection plan approved by the local fire
company, including the location of fire hydrants.
L.
Such other information in such detail as may be reasonably
required by Town and county reviewing authorities.
A.
Site.
(1)
The park shall be located on a well-drained site which
is properly graded to ensure rapid drainage and free at all times
from stagnant pools of water.
(2)
The manufactured home park shall be at least 20 acres
in size and have at least 200 linear feet of frontage on any public
road. No portion of any manufactured home park shall be bisected or
divided by a public road. Additions to any manufactured home park
shall be contiguous to the existing manufactured home park.
(3)
Each manufactured home park shall be a maximum of
40 acres.
B.
Manufactured home spaces; lot sizes; street numbers.
(1)
Each manufactured home park shall be marked off into
manufactured home spaces or lots.
(2)
The total number of manufactured home spaces shall
not exceed three per acre.
(3)
Each manufactured home space shall have a total area
of not less than 12,800 square feet nor more than 40,000 square feet.
(4)
No more than one manufactured home shall be placed
on any one manufactured home space.
(5)
The lot or space number shall be legibly noted for
each manufactured home space on the site plan.
(6)
Each manufactured home shall have a street number
assigned to it and shall be so displayed as to be visible from the
nearest roadway passing in front of the manufactured home.
(7)
Each manufactured home space shall have a minimum
width of 80 feet.
(8)
Each manufactured home space shall have a minimum
depth of 160 feet.
(9)
The manufactured home, including any patio, appurtenances
or accessory structures surrounding said manufactured home unit, shall
not occupy more than 33 1/3% of each manufactured home space.
(10)
Each manufactured home shall have a minimum
twenty-five-foot rear yard lot.
(11)
Each manufactured home shall have minimum ten-foot
side yard setback.
(12)
Each manufactured home shall have a minimum
thirty-five-foot front yard setback as measured from the curb.
(13)
No manufactured home shall be closer than 10
feet to any property line abutting any manufactured home park.
A.
The manufactured home park electrical distribution
system shall be installed underground and shall comply with the National
Electric Code and with the requirements of the Public Service Commission
and the utility company serving the area.
B.
The distribution system for telephone service shall
be underground, in accordance with the standards established by the
local telephone company servicing the Town of Grand Island.
A.
All manufactured home parks shall be provided with
facilities for the safe storage of necessary fuels. All systems shall
be installed and maintained in accordance with applicable codes and
regulations governing such systems.
B.
Natural gas installations shall be planned and installed
so that all components and workmanship comply with the requirements,
inspections and approval of the utility which will supply this product.
C.
Fuel oil systems with either common or individual
supplies shall be designed, constructed, inspected and maintained
in conformance with the provisions of the National Fire Protection
Association, Standard 30.[1]
D.
Liquefied petroleum gas systems shall be selected,
installed and maintained in compliance with the requirements of the
National Fire Protection Association, Standard 58. Liquefied petroleum
gas tanks shall be located at the rear of the manufactured home site
and shall be landscaped and screened from public view.
A.
No manufactured home park 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 adopted by the
Erie County Health Department. The water system of a manufactured
home park shall be connected by pipes to each manufactured home stand
and to each service building.
B.
Each manufactured home park shall have a Town master
water meter installed in a water meter pit. Its design and location
shall be approved by the Town Engineer.
C.
All water mains built to supply water at any manufactured
home shall also be in conformance with standards set by the Town Engineer
and have minimum size of eight inches in diameter unless otherwise
approved. Service terminals and valve boxes shall be installed for
each manufactured home space and shall be installed in precast concrete
hand holes engaged with frostproof cast-iron cover and locking devices.
All waterlines shall remain in private ownership.
A.
Each manufactured home space shall be provided with
a sewer, which shall be connected to the manufactured home unit situated
on the manufactured home space, to receive the waste from the shower,
tub, flushed toilet, lavatory and kitchen sink in such home. The sewer
shall be connected to a public or private off-site sewer so as not
to present a health hazard. Sewer connections in unoccupied manufactured
home spaces shall be so sealed as to prevent the emission of any odors
and the creation of breeding places for insects.
B.
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 Erie County Health Department and
New York State Department of Environmental Conservation. Each manufactured
home space shall be provided with a satisfactory sewer connection
approved by the Erie County Health Department and New York State Department
of Environmental Conservation.
C.
All sanitary sewer connections to manufactured homes
shall be constructed and tested in compliance with Town and Erie County
Health Department standards.
D.
All sanitary sewer mains within manufactured home
parks shall be laid out in a manner that provides access for maintenance.
E.
All sewer lines within a manufactured home park shall
remain in private ownership.
A.
All storm sewers shall be constructed within manufactured
home parks and appropriately sized to handle a ten-year-intensity
rainfall occurrence.
B.
Storm sewers shall be designed to flow to an appropriate
drainage outlet as approved by the Town Engineer and other regulatory
agencies.
C.
Storm sewers will remain in private ownership. Maintenance
of storm sewers shall be the responsibility of the manufactured home
park owner/operator.
A.
All roadways within a manufactured home park shall
remain private roads unless dedicated to a public use by Town Board
resolution.
B.
The owner of a manufactured home park shall be responsible
for the maintenance, repair and upkeep of any private roadway or driveway
or parking area within a manufactured home park. Such owners shall
be responsible for removing ice, snow or an accumulation of water
on such roadways or parking areas.
C.
Pavement markings, traffic control signals and warning
devices on such private roadways are the responsibility of the manufactured
home park operator, including the cost and expense of any such markings,
signals or warning devices.
D.
All roadways within a manufactured home park shall
be given a street name, and street signs shall be erected and maintained
at the manufactured home park owner's expense at each intersection.
Such street signs shall be approved by the Town Highway Superintendant
and shall conform as nearly as possible to street signs used on public
roadways and highways within the Town of Grand Island.
E.
Accessibility.
(1)
Each manufactured home park and each manufactured
home space in such park shall be easily accessible from an existing
public highway. Where a manufactured home park has more than six manufactured
homes, two points of entry and exit must be provided unless a large
improved turnaround area for emergency vehicles is maintained.
(2)
All entrances and exits shall be at right angles,
or nearly so, to the public highways and designed for the safe and
convenient movement of traffic into and out of the park.
(3)
All entrances and exits shall be free of any obstruction
or growth which would impede the visibility of the driver on the public
highway or street.
(4)
Each park shall have improved streets for the convenient
access to all manufactured home spaces and other facilities.
(a)
All roadways shall be curbed and have a width
of 28 feet from curb to curb and shall otherwise meet all Town and
state specifications.
(b)
The street system shall be designed to permit
safe and convenient vehicle circulation within a manufactured home
park.
(c)
Streets shall intersect at right angles or nearly
so or shall be of a design acceptable to the Town Board and Town Highway
Superintendent.
(d)
All streets shall have two-way traffic meeting
state standard regulations.
(e)
Overnight on-street parking shall not be allowed.
F.
All roadways and sidewalks shall be adequately illuminated,
and decorative fixtures shall be used where possible. These lights
shall form a consistent pattern of illumination.
G.
Driveways. Each manufactured home space shall have
a driveway constructed thereon by the manufactured home park owner
prior to installation of a manufactured home and rental of a manufactured
home space. The driveway shall be not less than 12 feet in width and
six inches in depth and shall be constructed of suitable all-weather
hard surface material on a suitable base subject to approval by the
Town Engineer.
H.
Parking. Off-street parking shall be provided by the
manufactured home park owner at a ratio of one parking space per three
manufactured home spaces. Off-street parking facilities shall be paved
and lined and shall be constructed in conformance with standards and
requirements established by the Town Engineer.
A.
The storage, collection and disposal of solid waste
in the manufactured home park shall be so conducted as to create no
health hazards, rodent harborage, insect breeding areas, accident
of fire hazards or air pollution.
B.
The owner or manager of each manufactured home park
shall provide or contract for the collection and disposal of garbage,
rubbish and vegetative matter, including large items such as appliances,
metal objects, etc. Garbage and rubbish shall be collected and disposed
of at least once per week. All items of solid waste shall be removed
and disposed of as frequently as may be necessary to ensure the aesthetic
and environmental quality of the manufactured home park.
C.
A copy of any current contract for solid waste disposal
in a manufactured home park shall be filed with the Town Clerk.
D.
If group solid waste storage areas are provided for
park occupants, they shall be enclosed or otherwise screened from
public view and shall be rodent and animalproof and located not more
than 250 feet from any manufactured home space they are to serve.
Containers shall be provided in sufficient number to properly store
all solid waste produced.
E.
Any solid waste containers stored on individual manufactured
home sites shall be screened from public view and shall be rodent
and animalproof.
F.
Disposal of solid waste by burning is prohibited within
a manufactured home park.
G.
Plans for solid waste disposal shall receive prior
approval of the New York State Department of Environmental Conservation
and the Erie County Department of Health.
If service buildings are to be included within
a manufactured home park by the owner or manager, any such building
shall comply with the following:
A.
Be located at least 20 feet from any manufactured
home, court, street, road or driveway.
B.
Be of moisture-resistant material with well-drained
floors to permit washing and cleaning.
C.
Be of permanent construction and adequately lighted.
D.
Laundry facilities, if provided, shall have adequate
heating facilities to maintain a temperature of 70° F. during
cold weather.
E.
Have all rooms well-ventilated, with all openings
effectively screened.
F.
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 manufactured homes not having
self-contained washers and dryers. Said facilities shall be maintained
in proper operating condition at all times.
A.
Community facilities and activities, such as laundry
rooms, swimming pools and parks, may be included in a manufactured
home park. The site plan shall include details of these facilities
and the owner's statement of intent to provide adequate supervision
and management of such facilities and activities.
B.
All community facilities and activities shall be landscaped
with trees, shrubs and grass and shall provide adequate paved off-street
parking space of one parking space per three manufactured home units.
C.
Community facilities and activities shall be located
and designed in a manner that will be visual asset to the manufactured
home park and shall be constructed of material that will be compatible
with the residential character of the park.
D.
If the developer chooses to construct an enclosed
community meeting hall for the park residents, it shall contain a
minimum of 1,500 square feet per 40 manufactured home spaces or any
fraction thereof.
A.
All mailboxes will be located in one area. Mailbox
location shall provide safe and easy access for the pickup and delivery
of mail.
B.
Grouped mailboxes for cluster delivery shall be located
in a way that will not require stopping on a public right-of-way for
pickup.
C.
When mailboxes are grouped together for some form
of cluster delivery, such groupings shall be landscaped.
Owners and operators of manufactured home parks
shall establish their own rules and regulations with regard to the
keeping of pets and animals within any manufactured home park. A copy
of such rules and regulations must be made available to every manufactured
home owner or resident and a copy shall be filed by the owner/operator
with the Town Clerk.[1]
A.
Soil and ground cover requirements. Exposed ground
surfaces in all parts of any manufactured home park shall be paved,
surfaced with crushed stone or other solid material or protected with
grass or plant material capable of preventing erosion and of eliminating
objectionable dust.
B.
Buffer zones. Manufactured home parks located adjacent
to an industrial or commercial development or a heavily traveled highway
shall be buffered from such development or highway by a hedge or similar
landscape screen which will rapidly reach a height of at least six
feet. A combination of landscaping and decorative fencing may be substituted,
provided that the height requirement is met and considerable landscaping
is used. Manufactured homes located next to existing homes/houses
or prospective homes shall have a natural or artificial screen of
a height of at least six feet to screen the manufactured home from
the adjacent existing driveway and homes.
C.
Trees. Each manufactured home space shall contain
at least two trees. The planted trees shall have a diameter of at
least two inches.
D.
Ten percent of the total manufactured home park shall
be reserved as open space and developed into recreation areas. Such
land shall be suitable for swimming pools, tennis courts, basketball
courts, baseball fields, etc. In all manufactured home parks, a variety
of open spaces shall be provided so as to be usable by an easy access
to all park residents. All open spaces shall be stabilized by grass
or other form of ground cover which will prevent dust and muddy areas.
Such property shall remain in private ownership.[1]
A.
Every manufactured home park owner or operator shall
maintain a register containing a record of all manufactured homes
and occupants using the manufactured home park. Such register shall
be available to any authorized person inspecting the manufactured
home park and shall be preserved for the period required by the enforcement
officer. Such register shall contain:
(1)
The names and addresses of all manufactured home occupants
residing in the park.
(2)
The make, model and license number and the name and
address of the owner of each motor vehicle and manufactured home parked
in the park.
(3)
Documentation that each manufactured home has the
required certification of the appropriate state or federal agency
affixed to it as required and that the owner or occupant is in possession
of a consumer's manual as required by this chapter.[1]
(4)
The dates of arrival and departure of each manufactured
home.
B.
In every manufactured home park there shall be a building
in which shall be located the office of the operator or person in
charge of said park. A manufactured home may be approved by the Town
Board to serve as said office instead of a separate building, but
must be identified as the office. A copy of the park 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 park register shall at all times be kept in said office.[2]
A.
Where there are practical difficulties, unusual circumstances
or design innovations involved, the Town Planning Board may recommend
and the Town Board may grant variances from any of the provisions
and regulations of this chapter, except those related to Erie County
Health Department or New York State Department of Environmental Conservation
requirements.
B.
Requests for a variance shall be in writing from the
owner or manager of a manufactured home park.
C.
In considering a request for 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.
This chapter shall not be applicable to modular
homes as defined herein, except that no modular home shall be established
in a manufactured home park.
A.
Revocation of license. If the Planning Board or Code
Enforcement Officer finds and reports to the Town Board that a manufactured
home park for which a license has been issued is not being maintained
in a clean and sanitary condition or it is not being operated in accordance
with the provisions of this chapter, the Town Board may, by resolution,
authorize the personal service upon the holder of the license of a
written abatement order which will require the holder of the license
to correct the conditions specified in such order within a reasonable
time, as determined by the Town Board, after service of a copy of
the notice of abatement.
B.
If, after the expiration of such specified period,
such violations are not corrected, the Planning Board or Code Enforcement
Officer shall serve a notice, in writing, upon such manufactured home
park owner or manager, requiring the holder of the park license to
appear before the Planning Board of the Town of Grand Island at a
time to be specified in such notice to show cause why the manufactured
home park license should not be revoked. Such hearing before the Planning
Board shall occur not less than 48 hours nor more than 21 days after
the date of service of said notice of hearing.
C.
Within 14 days after the hearing at which the testimony
and witnesses of the Town and the manufactured home park license holder
shall be heard, the Planning Board shall make a recommendation, in
writing, sustaining, modifying or withdrawing the abatement order.
D.
Upon review of the Planning Board's recommendation
and report, the Town Board may, by resolution, revoke such license,
and the holder of the license shall thereupon terminate the operation
of such manufactured home park within 30 days of such resolution;
however, if the owner or manager of such manufactured home park shall
thereafter correct such conditions and bring the manufactured home
park in compliance with this chapter, such owner or manager may then
apply for the issuance of a new license and, if the application is
approved and a license granted, the applicant shall pay to the Town
Clerk the required fee without any credit for the fee paid for the
license which was revoked; or the Town Board may approve or approve
with conditions the continuance of said license.
Any person, partnership, association or corporation
who violates any provision of this chapter shall be guilty of an offense
against this chapter and shall be subject to a fine of not more than
$250 or to imprisonment for a period of not more than 15 days, or
both fine and imprisonment. When a violation of any of the provisions
of this chapter is continuous, each week or portion thereof shall
constitute a separate and distinct violation.
