[HISTORY: Adopted by the Town Board of the Town of Wales 5-11-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
This chapter shall be known and cited as the "Mobile Home Ordinance of the Town of Wales, Erie County, New York."
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the people of Wales by the regulations and restrictions incorporated herein.
The provisions of this chapter shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this chapter, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this chapter, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, housing, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local, county or state law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which established the higher standard shall prevail.
The following definitions shall apply in the interpretation of this chapter.
- ACCESSORY STRUCTURE
- A structure the use of which is incidental to that of the mobile home and which is attached thereto or located on the same mobile home lot. "Accessory structures" include but are not limited to portable, demountable or permanent enclosures, shade structures and carports.
- Approved by the Building Zoning Officer under the regulations of this chapter or approved by an authority designated by law or this chapter.
- COMMUNITY AREA
- An area or space within a mobile home court, including fences, walls and other minor structures, which is designated for the joint use of occupants or restricted to nonresidential use.
- COMMUNITY STRUCTURE
- A structure within a mobile home court providing laundry, toilet, recreation, parking or other common facilities, including management office and storage buildings.
- GENERALLY ACCEPTED STANDARD
- A specification as promulgated by Title 2 of the New York Codes, Rules and Regulations, Part 1210 et seq., concerning factory-manufactured homes, as now existing or as may be amended from time to time.
- HABITABLE SPACE
- Space used for living, sleeping, eating or cooking purposes, excluding kitchenettes, bathrooms, toilet rooms, storage spaces and enclosures for equipment installations.
- MECHANICAL SYSTEMS AND EQUIPMENT
- A mobile home's electrical, plumbing, heating, ventilating and air-conditioning systems and equipment used for living purposes, including cooking and refrigeration equipment.
- MOBILE HOME
- A transportable living unit used or designed to be used year round as a permanent residence and containing the same types of water supply, waste disposal and electrical systems as immobile housing, but it does not include the following:
- MOBILE HOME COURT
- A parcel of land with a minimum of 25 acres, which has been planned and improved for the placement of 25 or more mobile homes.
- MOBILE HOME LOT
- A designated site within a mobile home court for the exclusive use of the occupants of a single mobile home.
- MOBILE HOME STAND
- That part of an individual mobile home lot which has been reserved for the placement of the mobile home.
- NATURAL OR ARTIFICIAL BARRIER
- Any river, pond or canal at least 200 feet in width or a railroad embankment or any other barrier which, in the opinion of the Planning Board, is comparable in effect to a two-hundred-foot space requirement.
- ORDINANCE ENFORCEMENT OFFICER
- The appointed official designated by the Town Board to enforce this chapter.
- A paved outdoor living space designed to supplement the mobile home living area.
- Any person to whom a permit is issue to maintain a mobile home court under the provisions of this chapter.
- Any natural individual, firm, trust, partnership, association or corporation.
- RECREATIONAL VEHICLE (Travel or vacation)
- A movable living unit equipped with a chassis but not designed for a permanent residence.
- STORAGE LOCKER
- An enclosed space designed to provide auxiliary general storage space for an individual mobile home.
- Any object constructed or installed by man.
It shall be unlawful within the limits of the Town of Wales for any person to park any mobile home on any street, alley, highway or other public place between the hours of 9:00 p.m. and 6:00 a.m. Emergency or temporary stopping or parking is permitted on any street or highway, subject, however, to any other and further prohibitions, regulations or limitations imposed by law, parking regulations or ordinances.
Any owner or his duly authorized representative shall, prior to establishing or revising a mobile home court, submit to the Clerk of the Town Board at least 10 days prior to the regular meeting of the Town Board five copies of a sketch plan of the proposed mobile home court, which shall comply with the requirements of all sections of this chapter now or hereafter amended. The Town Board shall refer such sketch plan to the Planning Board for recommendations.
Discussion of requirements and classification. The landowner or his duly authorized representative shall attend the meeting of the Planning Board to discuss requirements of the regulations for street improvement, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of the existing services and other pertinent information.
Application and fees.
After the sketch plan has been reviewed by the Planning Board, the Planning Board shall submit its recommendations in regard to acceptance or rejection of the schedule to the Town Board. The Town Board shall determine the feasibility and acceptability of the sketch plan. In the event that the Town Board rejects the sketch plan, the matter will be terminated. In the event that the Town Board determines that the sketch plan is feasible, the owner or his authorized agent shall submit a preliminary plat of the proposed mobile home park, in the form described herein, for consideration. Such determination by the Town Board does not waive its rights to reject the preliminary plat when submitted.
The application for conditional approval of the mobile home park shall be accompanied by a fee as set forth from time to time by resolution of the Town Board. The application fee shall be nonrefundable.
Numbers of copies. Five copies of the preliminary plat shall be presented to the Town Clerk of the Town Board at least 10 days prior to the regular meeting of the Town Board. The Town Board shall refer such preliminary plat to the Planning Board for recommendation. The preliminary plat shall contain all preliminary information to permit the study of the preliminary plat by the Planning Board as set forth in Subsection F of this section.
Developer to attend Planning Board meeting, the owner or his duly authorized representative shall attend the meeting with the Planning Board to discuss the preliminary plat.
The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being developed. Special attention shall given to the arrangement, locations and widths of streets, the location of the topography of the land, water supply, sewerage disposal, etc., and the requirements of this chapter, the County Planning Board, the Comprehensive Plan, the Official Map and the Zoning Regulations, if such exist. The Planning Board shall render its findings to the Town Board within 30 days unless otherwise mutually agreed upon after referral from the Town Board to the Planning Board.
Editor's Note: See Ch. 200, Zoning.
When officially submitted. The time of submission of the preliminary plat shall be considered to be the date of the regular monthly meeting of the Town Board, at least 10 days prior to which the application for conditional approval of the preliminary plat, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Town Clerk of the Town Board.
Within 45 days after receipt of such preliminary plat by the Clerk of the Town Board from the Planning Board, the Town Board shall hold a public hearing which shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. The Town Board may further provided that the hearing shall be further advertised in such manner as it deems most appropriate for full public consideration of such preliminary plat. Within 45 days after the date of such hearing, the Town Board shall approve with or without modification or disapprove such preliminary plat, and the grounds for disapproval shall be stated upon the records of the Town Board. The Town Board shall have absolute discretion in its determination. Not withstanding the foregoing provisions of the mobile home court procedure, in which the Town Board may take action on such applications, such time may be extended by mutual consent of the owner and the Town Board. When so approving a preliminary plat, the Town Board shall state, in writing, a modification, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Clerk of the Town Board as granted preliminary approval and a copy filed in this office and a certified copy mailed to the owner.
Notwithstanding the foregoing provisions of this section, the Town Board may extend the time in which a conditionally approved plat in final form must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances, not to exceed two additional periods of 90 days each.
The owner or his duly authorized agent shall, within six months after the conditional approval of the preliminary plat, file with the Town Board an application for approval of the mobile home court in final form, using an approved application blank available from the Town Clerk of the Town Board. All applications for final plat approval for mobile home courts shall be accompanied by a fee of $200. If the final plat is not submitted within six months after the conditional approval of the preliminary plat, the Town Board may refuse to approve the final plat and require resubmission of the preliminary plat. The application fee shall not be refundable.
The developer or his duly authorized representative intending to submit an application for final approval by the Town Board shall provide the Town Clerk with a copy of the application and five copies of the plat, including all offers of concessions, covenants and agreements and blueprints of all construction drawings at least 10 days in advance of the regular monthly Town Board meeting at which it is to be officially submitted.
The time of submission of the mobile home court proposed final plan shall be considered to be the date of the regular monthly meeting of the Town Board, at least 10 days prior to which the application for approval of the mobile home court, complete and accompanied by the required fee and all data required by this chapter, has been filed with the Town Clerk.
Water and sewer facility proposals. Water and sewer facilities contained in the mobile home court shall be properly endorsed and approved by the Erie County Department of Health. Applications for approval of plans for sewer and water facilities will be filed by the developer with all necessary Town, county and state agencies. Endorsement approved by the Erie County Department of Health shall be secured by the developer before official submission of the mobile home final plat.
Action on proposed mobile home court final plat. After careful study, the Town Board shall, within 75 days from the submission of the mobile home court final plat, approve, modify or disapprove such plan. The grounds for disapproval of any plat shall be stated on the records of the Town Board. A mobile home court plat shall not be signed by the authorized officers of the Town until the applicant has met all the conditions of the action granting approval of such plats.
No changes, erasures of modifications or provisions shall be made in any mobile home court plat without prior approval given by the Town Board. In the event that the mobile home court plat contains any changes, the plat shall be considered null and void, and the Town Board shall institute appropriate proceedings to determine its nullity.
Signing of plat.
Each mobile home court plat submitted to the Town Board for its approval shall carry the following endorsement: "Approved by resolution of the Town Board of the Town of Wales on the _____ day of _____________, 20____, subject to all requirements and conditions of said resolution, any change, reassure, modification or revision of the plat, as approved, shall void this approval. Signed, this _____ day of _______________, 20____, Supervisor and Clerk."
In the absence of the Supervisor of Clerk, the Acting Supervisor or Acting Clerk, respectively, shall sign in his place. If there is a County Official Map, such endorsement shall stipulate that the plat does not conflict with the County Official Map or, in most cases where the plat does front on or have access to or is otherwise related to roads or drainage systems shown on the County Map, that such plat has been approved by the County Planning Board in the manner specified by § 239-k of the General Municipal Law.
Location and size. The size of all mobile home courts shall be a minimum of 25 acres. The location and construction of such court shall be approved by the Town Board of the Town of Wales.
Double access. All mobile home courts shall have access at two points along a single public street or highway, or, bordered on two streets, access can be one for each street, such access points being separated by at least 100 feet.
Public highway frontage. Each mobile home court shall have frontage on an existing public highway equal to not less than 80% of the maximum dimension of the court measured parallel to such highway. In the event that a court is located at the intersection of two public highways, this frontage is applicable to one of the highways, and the frontage on the second shall be equal to at least 35% of the maximum dimension of the court, as measured parallel to the second highway.
Buffer zone. There shall be provided a buffer area between the right-of-way line of adjacent public highways and any portion of a mobile home lot of at least 150 feet. There shall also be provided a buffer area between any portion of a mobile home and the boundary of the mobile home court of at least 60 feet. Such buffer area shall be primarily clear of obstruction, other than trees and other natural landscape material, and shall not be used for any aboveground structures.
Block lengths. The layout of interior roadways or driveways shall be such that no block is longer than 500 feet; provided, however, that this may be extended to 750 feet if an interior walkway is provided for pedestrian access across the center of the block.
Street or driveway widths. All streets shall have a minimum width of 60 feet of right-of-way which is completely clear of obstructions to a height of 14 feet.
Street grades. The maximum street grade shall be 7%. Entrance gradients shall be less than 3% for a distance of 75 feet from the edge of the right-of-way of the public highway.
Minimum radius. The minimum radius of curvature for any street shall be 100 feet.
Alignment. Streets shall be laid out so as to intersect as nearly as possible at right angles, and in no case shall any angle or intersection be less than 75°.
Streets and parking areas. Street or driveway pavement shall be located in the center of the street clear zone. If parking provision is made within the street, such parking area may be off the pavement, and the clear zone (street width) shall be increased proportionately to provide therefor. If parking provision is made in parking areas for three or more vehicles in nodes throughout the court, such areas shall be located off the pavement considered to be the street or driveway and in such manner as not to encroach upon the area considered to be the mobile home lot. Provision shall be made for the parking of three motor vehicles for each two mobile home lots.
Auxiliary parking. Central auxiliary parking areas shall be provided at a ratio of 200 square feet per mobile home lot, in a location which is not contiguous with the lot services, such area being screened from lots and public highways by a coniferous hedge or other effective vegetation. Auxiliary parking areas are to be provided for parking trucks, maintenance equipment, boat trailers, utility trailers and similar equipment and vehicles.
Mobile home lots. All lots shall be rectangular or trapezoidal unless otherwise approved by the Town Board as meeting all other requirements of this chapter.
Mobile home lot size. All lots shall be a minimum of 20,000 square feet if rectangular or trapezoidal and shall have a minimum width of 120 feet.
Corner lots. Corner lots shall be 1 1/2 times the width and area of regular lots. If a street makes a turn of 90°, the lot on the inside shall be considered a corner lot, and the lots on the outside shall be considered radial lots, where the width shall be measured at the distance of 10 feet from the street line.
Double frontage lots. Double frontage lots shall not be permitted. If there is a situation where only one mobile home can be located between streets, then a buffer strip of at least 10 feet shall be created and suitably planted.
Walkways. Walkways shall be laid out so as to connect all patios with the street and connect service buildings, dry yards and storage lockers with streets. Walkways shall also provide access to recreation areas if such areas are not located adjacent to a street. Additional walkways may also be placed along the rear of each lot.
Recreation space. Recreation space shall be provided in a central location and at a ratio of 300 feet per lot. Such space shall be enclosed with shrubs or evergreen hedges placed not further than 10 feet apart and not higher than four feet.
Public telephone. If public telephones are provided within the court, they shall be located directly adjacent to service buildings.
Mailboxes. Mailboxes shall be located at a location suitable to the local post office but shall not be placed in any location where they constitute a safety hazard to pedestrians or to vehicles.
Trees. All existing trees shall be preserved insofar as possible in the design of the court.
Relationship to other mobile homes.
The following minimum distances shall be maintained when providing specific locations of mobile homes as related to each other within the court.
In cases of nonrectangular or nontrapezoidal design, these minimum distances may be reduced if the final configuration of mobile homes does not interfere with the provision of space for patios, walkways or storage, but in no case shall two mobile homes be closer than 40 feet to each other.
The minimum setback from the street line (clear zone rather than pavement) shall be 10 feet. The maximum setback shall be five feet in addition to the minimum established by the owner of the court.
The minimum distance between a mobile home and a parking space for motor vehicles shall be 10 feet.
No occupied travel or vacation recreational vehicle or other form of temporary-type living units shall be permitted in a mobile home court.
All water supply systems shall be installed as per plans approved by the New York State Department of Health and/or the Erie County Health Department. Such systems shall be designed to provide a sufficient supply of potable water, under adequate pressure, to outlets servicing mobile homes, community structures, hose connections, hydrants and so on. Where a public water supply system is not available, an adequate private water supply system approved by the Erie County Health Department shall be provided. Private water supply systems shall be certified by the County Health Officer and/or the New York State Department of Health as being pure and safe for human consumption (potable) on February 1 and August 1 of each year. Such systems shall be so designed to prevent freezing.
Each mobile home lot shall be supplied with potable water from the approved water supply system by a pipe of at least three-fourths-inch inside diameter to a coldwater tap at least four inches above the three pounds' pressure maintained at the outlet throughout the entire year, the water supply connection shall be located a safe distance from the sanitary drainage connection and shall not be subject to surface drainage. Means shall be provided for a suitable watertight connection, without cross-connection and danger of freezing. An adequate supply of hot and cold water shall be provided at all times in service buildings which provide washing and laundry facilities.
All sewage disposal systems shall be installed in accordance with plans approved by the Erie County Health Department. Such systems shall provide each mobile home and community structure containing plumbing fixtures with an adequate and safe method of sewage disposal. Where a public sewage disposal system is not available, an adequate private sewage disposal approved by the Erie County Health Department shall be provided. Waste from all sanitation and washing facilities, including washing machines at any location within the mobile home court, shall be discharged into a duly approved public or private sewage disposal system.
Each mobile home lot shall, at a proper location relative to the mobile home, be provided with a trapped sewer of at least four inches in diameter, and piping shall have a continuous grade to the point of disposal system. Such sewer shall have an airtight connection with all outfall pipes of any mobile home harbored on that lot. These connections shall be fitted with an airtight cover during periods of nonuse.
All sewage treatment facilities, if required by appropriate authority and whether located above or below ground, shall be installed as per plans approved by the Erie County Health Department. No sewage from the plumbing system shall be disposed of into the waters of the State of New York, except where specially approved by the authority having jurisdiction in accordance with the New York State Public Health Law.
The complete electrical system shall comply with the National Electric Code.
Primary and secondary distribution lines shall be installed underground. Conductors shall be at least two feet below grade, properly insulated and protected from mechanical damage and located in a separate trench not less than one foot from water, sewer, gas or other service piping.
A weatherproof overcurrent protection device and disconnecting means shall be provided for each mobile home.
All courts shall be furnished with adequate lights to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians at night. All electric lines shall be underground.
All gas piping systems, if installed, shall be designed to provide a supply of gas sufficient to meet the maximum demand without undue loss of pressure at the connection to the mobile home furthest from the source of supply. Gas connections shall provide a suitable gastight connection to the mobile home.
Each mobile home lot shall be provided with at least one twenty-gallon metal garbage can with a tight-fitting cover. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the court owner to ensure that garbage and rubbish shall be collected and properly disposed of outside of the mobile home court as frequently as may be necessary to ensure that garbage cans do not overflow. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
All streets within the court shall be paved with concrete, blacktop or macadam for a minimum width of 20 feet, with no street parking.
Areas for motor vehicle parking may be surfaced with uniform-sized gravel or crushed stone to minimum depth of eight inches in the absence of fully hard or penetrated surface paving.
All walkways shall be a minimum width of three feet and thickness of four inches and shall be provided with joints so designed as to minimize cracking. All walkways shall be made of concrete or blacktop.
Each mobile home lot shall contain a mobile home stand capable of containing a mobile home in a fixed position. The mobile home stand shall be graded with an impenetrable material at least six inches in thickness. It may be surfaced with a layer of uniform-sized crushed stone to a depth of nine inches in lieu of paving. The entire height of each mobile home stand shall not exceed 1 1/2 feet. The elevation, distance and angle of the mobile home stand in relation to the accessway shall be such as to facilitate the safe and efficient placement and removal of the mobile home.
All mobile homes shall be constructed and installed in accordance with Subtitle S, Subchapter D, Article 3, of the New York State Uniform Fire Prevention and Building Code.
All mobile home lots shall be provided with patios constructed of concrete or blacktop or material approved by the Town Engineer and shall be a minimum size of eight feet by 20 feet and four inches in depth. Patios shall be located so as to provide safe and easy access from the mobile home.
Mobile home courts shall have adequate facilities for the drainage of surface and subsurface water. The entire mobile home court shall be graded to facilitate the safe and efficient drainage of surface water and to permit no ponding areas where water will stand for lengths of time so as to constitute a health of other hazard. Drainage ditches shall be provided where necessary to provide for the removal of surface drainage. Such ditches shall be provided in such a way as not to constitute a hazard to pedestrians. Gutters, culverts, catch basins, etc., shall be a size approved; combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary and shall be of a size specified by the Town Engineer.
Storage lockers shall be provided at a minimum ratio of 100 cubic feet per mobile home lot and shall be located no further than 100 feet from the lot which they service. They shall be of waterproof construction on all surfaces, including the base. Such lockers may be provided in clusters or as individual structures on each mobile home lot.
Exposed ground surfaces in all parts of any mobile home court shall be paved, surfaced with crushed stone or other solid material or protected with grass or plant material capable of preventing erosion and eliminating objectionable dust. Each mobile home lot shall be provided with at least one living tree of not less than two inches caliper. All proposed landscaped areas shall be clearly indicated on the plan, and the type of treatment (grass, shrubs, ground cover, etc.) shall be specified.
Monuments shall be provided at all corners of the mobile home court. The monuments shall be of material and size approved by the Town Engineer or other appropriate authority.
Service buildings shall be located in such a way as to prohibit primary access directly adjacent to a mobile home lot. If such buildings contain laundry facilities, they shall be located no farther than four feet from any mobile home lot which they serve.
Service buildings housing sanitation and laundry facilities or any other facilities shall be permanent structures complying with the New York State Uniform Fire Prevention and Building Code and the New York State Sanitary Code and/or all other applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
The service buildings shall be well-lighted at all times from dawn to 11:00 p.m. and capable of being lighted between 11:00 p.m. and dawn, shall be well-ventilated with screened openings, shall be constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least 68° F. during the period of October 1 to June 1. The floors of such buildings shall be of water-impervious materials and supplied with drains.
Laundry facilities may be provided by the owner of the mobile home court. If such facilities are provided, they shall be located in a separate service building and shall provide for one single laundry tray and one automatic- or semiautomatic-type operable washing machine for each 10 mobile homes or fractional number thereof.
An ample number of individually fused and grounded electrical outlets shall be provided, supplying sufficient current to operate each washing machine. The installation of such outlets shall be in accordance with all other Town regulations applying thereto.
Indoor drying space shall be provided at a ratio of 50 square feet per mobile home lot if automatic drying equipment is not supplied.
A common outdoor drying yard shall be adjacent to the laundry facilities and be adequate of 250 square feet per 10 lots or fraction thereto. Drying yards shall have a uniform-size gravel or crushed stone surface not less than four inches thick. Such yards shall be enclosed by a six-and-one-half-foot-high opaque fence or solid coniferous hedge.
All accessory buildings shall be of uniform construction and shall not exceed 10 feet by 12 feet in size and each shall be no higher than the mobile home which it accompanies.
Awnings may be provided at any size, provided that they are not placed closer than three feet to an adjacent mobile home lot.
In general, mobile home courts shall be properly maintained by the mobile home court owner so as to ensure the desirable residential character of the property. Specifically, the following shall apply:
Yard maintenance. Mobile home courts shall be maintained reasonably free from holes and excavations, sharp protrusions and other objects or conditions which might be a potential cause of personal injury. Walks, steps or driveways that contain holes or tripping hazards shall be filled, repaired or replaced as the need indicates. Trees or limbs of trees that constitute a hazard shall be removed.
Noxious weeds. Ragweed and other noxious weeds considered detrimental to health, such as poison ivy, poison oak and poison sumac, shall be completely eliminated from all areas of the mobile home court. Open areas shall be maintained free of heavy undergrowth of any description.
Accessory structures. All accessory buildings or structures shall be kept in good repair and free from health, fire and accident hazards. They shall be of durable construction and appropriate for the intended use and location. Exterior wood surfaces of all structures that are not inherently resistant to deterioration shall be periodically treated with a protective coating or paint or other suitable preservative.
Gravel areas. All areas surfaced with gravel shall be kept clear of all forms of vegetation.
Infestation. Grounds and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for purposes of extermination shall conform to generally accepted practice.
Every mobile home court shall be equipped at all times with fire equipment in good working order in conformance with those standards duly adopted as applicable in the fire district within which the court is located. Fire-protection equipment shall be provided as per plans approved by the Town Fire Department.
Each mobile home shall be equipped with an approved fire-extinguishing device. Each mobile home shall be equipped with an approved smoke detector.
No open fires shall be permitted at any place within the court.
It shall be unlawful for any person to establish, maintain or operate or permit to be established, maintained or operated upon any property owned or controlled by him a mobile home court within the Town of Wales without having first secured a licensed therefor in compliance with the terms of this chapter. Such license shall expire on January 1 following the date of issuance but may be renewed under the provisions of this chapter for additional periods of one year.
The application for such license or the renewal therefor shall be filed with the Town Clerk and shall be accompanied by the appropriate fee as hereinafter provided.
The application shall be verified by the applicant and shall contain:
The name and address of the applicant.
The nature and extent of his interest in the business for which the license is desired and, if not the owner, the name and address of the owner thereof.
Whether or not the applicant is the owner of the property for which the license is desired and, if not, the name and address of the owner thereof.
If the applicant is not the owner of the property for which the license is desired, the application shall be accompanied by a verified statement of the owner of the property that the applicant is authorized by him to construct or maintain the mobile home court and to make an application for a license therefor.
A description of the premises on which the mobile home court is or will be located, as will readily identify and definitely locate the same.
The number of units to be contained is said proposed mobile home park.
Such other information as may be required.
The application shall be accompanied by a sketch of the court plan, showing the following:
The extent and area used for court purposes.
Roadways, driveways and sidewalks.
The location of sites of units for mobile homes.
The method and plan of sewage disposal.
The method and plan of garbage disposal or removal.
A plan for water supply.
A plan for electrical lighting of units.
A drainage plan.
The Town Board shall immediately submit said application and accompanying plan or other papers to the Planning Board for review. The Planning Board shall make its review and submit its recommendations to the Town Board within 45 days, which Board shall consider the same and approve or disapprove thereof after a public hearing, endorsing such approval or disapproval thereon. If the application is granted, the license shall be issued by the Town Clerk, and if disapproved, no license shall be issued. Any person considering himself aggrieved by the action of the Planning Board or the action of the Town Board may, within 30 days thereafter, apply to the Town Board for a review of such action. The Town Board may thereupon affirm, reverse or modify its previous action.
The licensee shall apply annually in writing for a renewal of the license to the Town Clerk. The Town Clerk shall issue license for another year upon receipt of the license fee, the recommendation of the Zoning Enforcement Officer and the approval of the Town Board. All new and renewal applications must be supported with current evidence of approval by the New York State Department of Health if subject to provisions of the State Sanitary Code.
Upon application, in writing, for the transfer of an annual license, payment of the annual fee and the approval of the Town Board, the Town Clerk shall issue a license to the transferee.
Any annual fee may be determined by the Town Board at its organizational meeting.
It shall be the duty of each licensee and permittee to keep a register containing a record of all mobile home owners and occupants located within the court. The register shall contain the following information:
The name and legal address of all occupants.
The name and address of the owner of each mobile home.
The make, type, model, year and license number of each mobile home and motor vehicle, as well as the registration number of each mobile home and the state and year in which registered.
The date of arrival and departure of each mobile home.
The court owner or his agent shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the part.
Before any license shall be issued by the Town Clerk, the Zoning Enforcement Officer, duly appointed by the Town Board of the Town of Wales to enforce this chapter, shall make an inspection of the lands and premises with respect to which a license has been requested, to determine that all of the requirements of this chapter have been complied with.
The Zoning Enforcement Officer shall have the right at any reasonable time to enter any mobile home court or other lots and parcels of land used for the parking, using or occupying of a mobile home and shall have the right at all times to inspect all parts of said premises and to inspect the records required to be maintained in any mobile home court.
Upon inspection, if it is found that any person has violated any provision of this chapter, the Town Board of the Town of Wales shall have the right to revoke and suspend any license issued pursuant to this chapter and to order the removal of the mobile home or the cessation of the mobile home court's operations, as the case may be, after 10 days' written notice of such violation, directed to the owner of the land and premises affected and the occupant of the mobile home or the operator of the mobile home court, as the case may be, and after a public hearing before the Town Board held not less than five days after public notice of such public hearing.
The Zoning Board of Appeals of the Town of Wales shall have the power to hear and decide appeals from any order, decision or determination of the Building Zoning Officer, and, in passing upon such appeals, it shall have the power to vary or modify the application of any of the provisions of this chapter and setback requirements.
When, in the judgment of the Town Board of the Town of Wales, the public convenience, welfare and safety will be substantially served, the Town Board may, in a specific case, grant variances to the provisions of this chapter in harmony with the general purposes and intent of this chapter.
Any person violating any of the provisions of this chapter shall be, upon conviction thereof, punished by a fine not to exceed $250 for each offense or by imprisonment for a period of not more than 15 days, or both such fine and imprisonment the imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provisions of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter or the taking of such other action as may be authorized by law.