[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.
A.Â
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.
B.Â
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.
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.
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.
A structure within a mobile home court providing laundry,
toilet, recreation, parking or other common facilities, including
management office and storage buildings.
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.
Space used for living, sleeping, eating or cooking purposes,
excluding kitchenettes, bathrooms, toilet rooms, storage spaces and
enclosures for equipment installations.
A mobile home's electrical, plumbing, heating, ventilating
and air-conditioning systems and equipment used for living purposes,
including cooking and refrigeration equipment.
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:
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.
A designated site within a mobile home court for the exclusive
use of the occupants of a single mobile home.
That part of an individual mobile home lot which has been
reserved for the placement of the mobile home.
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.
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.
FINAL PLATA stamped engineer's plan submitted to the Town Board as part of the application for a permit for a mobile home court and containing all the information required by this chapter in sufficient detail to enable the review required herein.
PRELIMINARY PLATA drawing or drawings submitted to the Town Board as part of the application for a permit for a mobile home court and containing all the information required by this chapter in sufficient detail to enable the reviews required herein.
A movable living unit equipped with a chassis but not designed
for a permanent residence.
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.
A.Â
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.
B.Â
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.
C.Â
Application and fees.
(1)Â
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.
(2)Â
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.
D.Â
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.
E.Â
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.
F.Â
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,[1] 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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
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.
L.Â
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.
M.Â
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.
N.Â
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.
O.Â
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.
P.Â
Signing of plat.
(1)Â
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."
(2)Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
Minimum radius. The minimum radius of curvature for
any street shall be 100 feet.
I.Â
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°.
J.Â
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.
K.Â
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.
L.Â
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.
M.Â
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.
N.Â
Corner lots. Corner lots shall be 1Â 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.
O.Â
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.
P.Â
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.
Q.Â
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.
R.Â
Public telephone. If public telephones are provided
within the court, they shall be located directly adjacent to service
buildings.
S.Â
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.
T.Â
Trees. All existing trees shall be preserved insofar
as possible in the design of the court.
A.Â
Relationship to other mobile homes.
(1)Â
The following minimum distances shall be maintained
when providing specific locations of mobile homes as related to each
other within the court.
(2)Â
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.
C.Â
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.
D.Â
The minimum distance between a mobile home and a parking
space for motor vehicles shall be 10 feet.
E.Â
No occupied travel or vacation recreational vehicle
or other form of temporary-type living units shall be permitted in
a mobile home court.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
A.Â
The complete electrical system shall comply with the
National Electric Code.
B.Â
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.
C.Â
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
1Â 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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
Indoor drying space shall be provided at a ratio of
50 square feet per mobile home lot if automatic drying equipment is
not supplied.
D.Â
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.
A.Â
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.
B.Â
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Gravel areas. All areas surfaced with gravel shall
be kept clear of all forms of vegetation.
E.Â
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.
A.Â
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.
B.Â
Each mobile home shall be equipped with an approved
fire-extinguishing device. Each mobile home shall be equipped with
an approved smoke detector.
C.Â
No open fires shall be permitted at any place within
the court.
A.Â
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.
B.Â
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.
C.Â
The application shall be verified by the applicant
and shall contain:
(1)Â
The name and address of the applicant.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
The number of units to be contained is said proposed
mobile home park.
(7)Â
Such other information as may be required.
D.Â
The application shall be accompanied by a sketch of
the court plan, showing the following:
(1)Â
The extent and area used for court purposes.
(2)Â
Roadways, driveways and sidewalks.
(3)Â
The location of sites of units for mobile homes.
(4)Â
The method and plan of sewage disposal.
(5)Â
The method and plan of garbage disposal or removal.
(6)Â
A plan for water supply.
(7)Â
A plan for electrical lighting of units.
(8)Â
A drainage plan.
E.Â
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.
A.Â
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.
B.Â
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.
C.Â
Any annual fee may be determined by the Town Board
at its organizational meeting.
A.Â
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:
(1)Â
The name and legal address of all occupants.
(2)Â
The name and address of the owner of each mobile home.
(3)Â
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.
(4)Â
The date of arrival and departure of each mobile home.
B.Â
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.
