This chapter shall be known as the "Manufactured Home and Manufactured Home Park Ordinance of the Town of Stillwater" and is intended to replace, in its entirety, existing Town Code Chapter
134, Mobile Home, Mobile Home Parks, and Travel Trailers Ordinance.
The purpose of this chapter is to promote the health, safety,
and general welfare of the community, including the protection and
preservation of the property of the Town of Stillwater and of its
inhabitants by establishing specific requirements and regulations
governing the occupancy and maintenance of manufactured homes and
manufactured home parks.
For the purposes of this chapter, the following words, terms
and phrases shall have the meaning ascribed to them in this section:
CODE ENFORCEMENT OFFICER
The individual responsible for the administration and enforcement of this Chapter, Chapter
210, Zoning, and Chapter
176, Subdivision of Land.
MANUFACTURED HOME
A structure transportable in one or more sections that, in
the traveling mode, is eight feet or more in width or 40 feet or more
in length or when erected on site is 320 square feet minimum, and
that was built on or after June 15, 1976, on a permanent chassis and
designed to be used as a dwelling 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 requirements of this definition except the size requirement
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
House Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle. A label certifying compliance
with the Standard for manufactured homes, NFPA 501, ANSI A119.1 in
effect at the time of manufacture is deemed acceptable. For the purpose
of these provisions, a mobile home shall be considered a manufactured
home. This definition of manufactured home includes all additions
which are purchased and added thereto or additions made subsequent
to installation. This definition of manufactured home does not include
any factory manufactured modular housing placed on a standard foundation
nor does it include a recreational vehicle.
MANUFACTURED HOME INSTALLATION
Construction which is required for the installation of a
manufactured home, including the construction of the foundation system,
required structural connections thereto and the installation of the
on-site water, gas, electrical and sewer systems and connection thereto
which are necessary for the normal occupancy of the manufactured home.
MANUFACTURED HOME LOT
A manufactured home lot is a designated site which is located
within a manufactured home park for the accommodation of one manufactured
home and its occupants.
MANUFACTURED HOME PARK
A manufactured home park is any parcel of land which is improved
or occupied for the placement of two or more manufactured homes which
are used as dwellings intended for occupancy for more than 30 consecutive
days.
MANUFACTURED HOME STANDARDS
The Manufactured Home Construction and Safety Standards as
promulgated by the United States Department of Housing and Urban Development.
OCCUPANT
Any individual living or sleeping in a manufactured home
or having possession or use of a space within a manufactured home.
UNIFORM FIRE PREVENTION AND BUILDING CODE
The code, called the New York State Uniform Fire Prevention
and Building Code (the "Uniform Code"), which took effect January
1, 1984 and prescribes minimum standards for both fire prevention
and building construction. The Uniform Code is applicable in every
municipality of the state (except the City of New York, which was
permitted to retain its own code).
There shall be no new approval or establishment of manufactured
home parks in the Town of Stillwater after the effective date of this
chapter.
The owner of each manufactured home park shall keep a record of information required in §
134-6A of this chapter. These records shall be available for inspection by the Code Enforcement Officer upon request. Records shall be kept current and for a minimum period of seven years after a manufactured home leaves the park. An up-to-date copy of all forms, or a spreadsheet or database printout containing all required information, shall be provided to the Code Enforcement Officer on January 1 annually and at other times when requested by the Code Enforcement Officer.
Any change to an individual manufactured home (including, but
not limited to, replacement or relocation) shall trigger the following
requirements:
A. Manufactured home lot.
(1) Each manufactured home shall be placed on a lot having a total area
of not less than 6,000 square feet with a minimum width of 75 feet
for a single-wide manufactured home or a minimum of 8,000 square feet
with a minimum width of 100 feet for a double-wide manufactured home.
(2) Each manufactured home lot must have iron pins set by a licensed
surveyor for the comers of each lot. Pins shall be a minimum of 24
inches in length and 1/2 inch in diameter. No home may be located
on a lot prior to placement of the boundary corner pins.
B. Manufactured home.
(1) All manufactured homes placed in manufactured home parks after this
chapter is enacted shall be compliant with Article 21-B of New York
State Executive Law, 19 NYCRR Part 1210 and HUD regulations. The home
shall bear both a New York State warranty seal and HUD seal prior
to placement.
(2) Any manufactured home or attachment shall not be parked or otherwise
located nearer than a distance of:
(a)
At least 15 feet from all manufactured home lot lines.
(b)
At least 75 feet from the park property line.
(c)
At least 100 feet from the right-of-way line of public street
or highway.
(d)
At least 20 feet from the nearest edge of any roadway located
within the park.
(3) Only one manufactured home shall be permitted to occupy each manufactured
home lot.
(4) Each manufactured home must be provided with perimeter skirting to
hide all wheels, chassis and other appurtenances under the home, to
be installed not later than 30 days after the home is placed on its
stand.
C. Manufactured home installation. Each manufactured home shall be placed on a stand constructed and installed in accordance with all requirements of the New York State Fire Prevention and Building Code, latest edition. A copy of all data required in §
134-6A must be provided to the Code Enforcement Officer prior to placement in a park. Every home must be inspected by the Code Enforcement Officer prior to being placed in a park.
Any major reconstruction involving the equivalent of one quarter
or more of the total number of lots in an existing park shall trigger
the following requirements:
A. Site.
(1) Grades and soil conditions shall be suitable for use as manufactured
home sites.
(2) All areas shall be well-drained and properly graded to insure rapid
drainage and be free at all times from stagnant pools of water.
(3) All areas shall be free from heavy or dense growth of brush and woods.
(4) The park shall be at least five acres in size, with at least 300
feet frontage on a public highway.
(5) The maximum lot coverage shall not be greater than 40%. Coverage
includes all buildings, structures, pavement or other impermeable
surfaces, but not including stored merchandise such as cars.
(6) There shall be no signs except for the sign or display at each entrance
to the park from a public road indicating the name of the manufactured
home park.
(7) Permanent structures must be set back a minimum of 20 feet from any
property line and 75 feet from the highway right-of-way.
B. Accessibility.
(1) Each manufactured home park shall have a curb cut on an existing
public highway or street. No dead-end streets or cul-de-sac shall
be permitted in any manufactured home park.
(2) Entrances and exits shall be located at a minimum distance of 100
feet between them, for the safe and convenient movement into and out
of the park.
(3) All entrances and exits shall be at right angles to the existing
public highway or street.
(4) All entrances and exits shall be free of all objects which would
impede the visibility of the driver entering or exiting a public highway
or street for a distance of 20 feet from the edge of pavement of the
public highway and park road.
(5) All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with manufactured homes attached.
C. Streets and drives. Streets shall be improved to meet the same standards
as required by the Town of Stillwater subdivision regulations for
major subdivisions.
D. Parking.
(1) Two off-street parking spaces shall be provided on each manufactured
home lot. (This requirement may be satisfied by driveway parking areas.)
The parking spaces shall be surfaced with an all-weather, dustless
material. Each parking space shall have a minimum width of nine feet
and a minimum length of 18 feet.
(2) Additional off-street parking spaces shall be provided at strategic
and convenient locations as follows:
(a)
There shall be one such parking space for every two manufactured
home lots within the park.
(b)
Such parking space shall be provided in bays of a dimension
of nine feet by 18 feet which shall provide for adequate maneuvering
space, at the standard of 350 square feet per lot for total parking
and maneuvering.
E. Utilities and service facilities.
(1) Utilities.
(a)
All manufactured homes shall be connected to public sewers and
public water.
(b)
All utilities must be placed underground, including telecommunications.
(c)
Any device, such as communication dishes, shall be landscaped
in such a manner as to screen such devices.
(d)
No antenna as mounted may exceed 40 feet in height measured
from the ground.
(e)
Every manufactured home lot shall have its utility connections
designed to have the shutoff connections near the street curb and
not under or at the manufactured home unit not at the rear of the
lot.
(f)
A storm drainage system designed to convey all stormwater into
natural watercourses and to maintain the park area free from standing
pools of water shall be installed.
(g)
Garbage cans with tight-fitting covers shall be used by the
manufactured home occupants in quantities sufficient to contain disposal
of all garbage and rubbish. The cans shall be kept in a sanitary condition
at all times. Garbage and rubbish shall be collected and disposed
of as frequently as may be necessary to ensure that such cans do not
overflow. Trash collection areas shall be screened by opaque fencing
and/or plantings.
(h)
Service buildings shall be provided as deemed necessary for
the normal operation of the park. Such buildings shall be maintained
by the owner or manager of the park in a clean, sightly and sanitary
condition.
(i)
Each manufactured home lot shall be provided with weatherproof
electric service connections and outlets which are a type approved
by the New York State Board of Fire Underwriters.
(j)
Mailboxes shall be clustered and located near the main entrance
road and comply with standards of the United States Postal Service.
(2) Utilities requiring New York State Department of Health approval.
(a)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all manufactured home lots and buildings
within the park to meet the requirements of the park. Each manufactured
home lot shall be provided with sufficient water connections.
(b)
Each manufactured home lot shall be provided with a sewer which
shall be connected to the manufactured home situated on the lot, to
receive the waste from the shower, tub, flush toilets, lavatory and
kitchen sink in such home. The sewer shall be connected to a public
sewer system or one approved by the New York State Department of Health,
so as not to present a health hazard. Sewer connections in unoccupied
lots shall be sealed to prevent the emission of any odors and the
creation of breeding places for insects.
F. Open space.
(1) Each manufactured home park shall provide common open space for the
use by the occupants of such park.
(2) Such open space shall be conveniently located in the park. Such space
shall have a total area equal to at least 10% of the gross land area
of the park or at the rate of 1,500 square feet per manufactured home
lot, whichever is greater. (Such open space areas shall be at least
one acre.)
G. Landscaping.
(1) Lawn and ground cover shall be provided on those areas not used for
the placement of manufactured homes and other buildings, walkways,
roads and parking areas.
(2) Planting or screening shall be provided and maintained to the extent
needed in order to provide for the screening of views as follows:
(a)
Screen planting or fencing shall be provided to screen views
of nonresidential uses, garbage storage and collection areas, and
fuel tanks.
(3) Grass or ground cover shall be provided on all areas subject to erosion.
Right of inspection, enforcement procedures and penalties (including revocation of a park's permit) shall be consistent with the Town of Stillwater's Zoning Code chapters, §§
210-142B and
C; 210-143; and 210-144.
Any person who violates a provision of this chapter which does not contain specific penalties shall be guilty of a violation and subject to penalties as described in the Town of Stillwater Zoning Code, §
210-144.
The issuance of any permit pursuant to the provisions of this
chapter shall not be deemed to waive compliance by any person with
any statute of the State of New York or law, ordinance or health regulation
of the Town or of the county.
A manufactured home may be 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 manufactured home is removed
from such site within 30 days after the completion of such project.
This chapter shall take effect immediately upon its filing with
the New York State Department of State, and immediately as against
any person who is personally served with a certified copy thereof
in accordance with Town law of the State of New York.