[HISTORY: Adopted by the Town Board of the
Town of Ellicott 2-25-1976 as part of L.L. No. 1-1976. Sections 84-2,
84-9B, G and M and 84-13 amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Amended 1-14-2019 by L.L. No. 1-2019]
The governing board of the Town of Ellicott,
County of Chautauqua, State of New York, recognizing that unplanned
and unregulated establishment of mobile homes, mobile home courts
and trailers would seriously impede the orderly and optimum development
of the town, does, following due deliberation and upon recommendation
of the Town Board of Appeals, enact this section in the furtherance
of the health, safety, morals and welfare of the citizens of the town.
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.
Written approval by the administrative officer under the
regulation of this section or written approval by an authority designated
by law or this section.
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.
A structure within a mobile home court providing laundry,
toilet, recreation, parking or similar facilities for use by tenants
or occupants of the mobile home court.
Space used for living, sleeping, eating or cooking purposes;
bathrooms; toilet rooms; storage space; and enclosures for equipment
installations.
Mobile home electrical, plumbing, heating, ventilating, air-conditioning
systems and equipment used for living purposes, including cooking
and refrigeration equipment.
Any piece of mobile equipment designed or constructed to
be towed, pulled by a motor vehicle or self-propelled, regardless
of whether the wheels are attached or unattached or a permanent or
semipermanent foundation is constructed underneath, or whether any
structure of a permanent or semipermanent nature is attached thereto,
and intended for human occupancy.
[Amended 9-5-1990 by L.L. No. 2-1990]
A tract of land used or intended to be used for the parking
of two or more mobile homes, together with the necessary improvements
and facilities on the land.
[Amended 9-5-1990 by L.L. No. 2-1990]
That area designated in the town in which mobile home courts
may be located.
A designated site within a mobile home court for the exclusive
use of the occupants of a single mobile home.
That part on an individual mobile home lot which has been
reserved for the placement of the mobile home.
Holding title to real property in fee simple and, as respects
mobile homes and trailers, possession pursuant to the terms of an
installment sales contract or any greater property interest in same.
Any natural individual, firm, trust, partnership, association
or corporation.
A movable living unit equipped with a chassis, the occupants
of which maintain another permanent abode or habitation at the time
in question.
From and after the effective date of this chapter:
A.
No person shall locate or maintain a mobile home outside
of a mobile home court in any part of the town, except as authorized
under § 146-13H of the Code of the Town of Ellicott.
[Amended 4-26-2000 by L.L. No. 4-2000]
B.
No person shall locate or maintain a mobile home court
in any part of the town without first securing a permit therefor as
hereinafter provided.
A.
Application. All applications for permits shall be
made to the Building Inspector, the administrative office, hereunder
and shall contain the following information:
(1)
The name and address of the applicant.
(2)
The interest of the applicant in the proposed mobile
home court.
(3)
The location and legal description of the mobile home
court.
(4)
Complete engineering plans and specifications of proposed
mobile home court showing all of the following:
(a)
The area and dimensions of the tract of land.
(b)
The number, size and location of all mobile
home lots.
(c)
The location and width of roadways and walkways.
(d)
The location of service buildings and any other
proposed structures.
(e)
The location of water and sewer lines and riser
pipes.
(f)
Plans and specifications of all buildings constructed
or to be constructed within the mobile home court.
(g)
Plans and specifications of water supply and
refuse and sewage disposal facilities.
(h)
The location and details of lighting and electrical
systems.
(i)
Plans and specifications for recreation space
as hereinafter provided.
B.
Procedure. Upon receipt of an application in conformity
with the foregoing procedure, the approval of the sewage disposal
and water supply system by the County Health Department and the payment
of the fee hereinafter provided for, the Building Inspector shall
issue a permit valid for one year or until the first day of January
next succeeding the date of the issuance, whichever period is shorter.
C.
Appeals. Any person aggrieved by the granting or refusal
of any permit or by an order, decision, requirement or determination
of the Building Inspector may appeal to the Town Board of Appeals
within 10 days therefrom. The notice of appeal shall be in writing
and shall be filed with the Town Clerk and shall be served personally
upon the Building Inspector. Such notice of appeal shall specify the
granting or refusal of a permit or the order, decision, requirement
or determination from which the appeal is taken, the date on which
such was made and the nature of the relief sought. Any such appeal
shall be taken, heard and determined in accordance with the provisions
of the Town Law and rules and regulations of the Town Board of Appeals.
The following regulations shall apply to mobile
home courts in the town:
A.
Layout and design. The size of all mobile home courts
shall be a minimum of 10 acres and shall not contain less than 50
mobile home lots unless approved by the Town Board of Appeals, and
such courts shall have access from two points along a single street
or highway, or if bordering on two streets, access shall be from each
street and such access points shall be separated by at least 100 feet.
[Amended 1-14-2019 by L.L. No. 1-2019]
B.
Public highway frontage. Each mobile home court shall
have frontage on an existing public highway or street equal to or
not less than 80% of the maximum dimension of the court measured parallel
to such highway or street. In the event that a court is located on
the intersection of two public highways or streets, this frontage
on the second shall be equal to 35% of the maximum dimension of the
court as measured parallel to the second highway or street. No mobile
home court shall be permitted where the only access to it is over
a street or highway which is primarily residential in character and
is not designed to carry through traffic.
C.
Buffer zone. Insofar as practicable, there shall be
provided a buffer zone, between the right-of-way line of adjacent
public highways or streets and any portion of the mobile home court,
of at least 100 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 natural landscape material
and shall not be used for any above-ground structures.
D.
Other principal structures. Private conventional residences
and commercial establishments otherwise permitted in an Agricultural-Residential
District may be located within the mobile home court.
E.
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.
Street widths. All streets shall have a minimum width
of 50 feet which is completely clear of obstructions to a height of
12 feet.
G.
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 highway.
H.
Minimum radius. The minimum radius of curvature for
any street shall be 100 feet.
I.
Alignment. Streets shall be laid out so as to interest
as nearly as possible at right angles, and in no case shall any angle
or intersection be less than 75°.
J.
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 of the pavement considered
to be the street or driveway and in such a manner so as not to encroach
upon the area considered to be the mobile home lot. Provision shall
be made for the parking of two motor vehicles for each mobile home
lot.
K.
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 to the lot serviced, 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 and utility
trailers.
L.
Mobile home lots. All lots shall be rectangular or
trapezoidal, unless otherwise approved by the Town Board of Appeals
as meeting all other requirements of this section, and shall be a
minimum of 6,000 square feet if rectangular or trapezoidal and shall
have a minimum width of 50 feet.
[Amended 1-14-2019 by L.L. No. 1-2019]
M.
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, wherein the width
shall be measured at the distance of 10 feet from the street line.
N.
Double frontage lots. Double frontage shall be avoided.
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.
O.
Walkways. Walkways shall be laid out so as to connect
all patios with the street and to connect service buildings, drying
yards and storage lockers with streets. Walkways shall connect access
to recreation areas if such areas are not located adjacent to a street
Additional walkways can also be placed along the rear of each lot.
P.
Recreation space. Recreation space shall be provided
in a central location and at a ratio of 300 square feet per lot. Such
space shall be enclosed with shrubs or evergreen hedges placed not
farther than 10 feet apart.
Q.
Public telephone. If public telephones are provided,
they shall be located directly adjacent to service buildings.
R.
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.
S.
Trees. All existing trees shall be preserved insofar
as possible in the design of the court.
A.
The following minimum distances shall be maintained
when providing specific locations of mobile homes as related to each
other within the court:
(1)
Laterally (the side of a mobile home facing the side
of the next): 20 feet.
(2)
Longitudinally (the end of a mobile home facing the
end of another): 20 feet.
(3)
Perpendicularly (the end of one mobile home facing
the side of another): 20 feet. In cases of 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 15 feet from each other.
B.
The following minimum distances shall be maintained
when providing specific locations of mobile homes within the court
and with respect to service or storage buildings:
C.
The minimum setback from the street line (clear zone
rather than pavement) shall be 10 feet. The maximum setback shall
be five feet additional to the minimum established by the owner of
the court.
D.
The minimum distance between a mobile home and a parking
space for motor vehicles shall be 10 feet.
E.
No occupied travel or vacation trailer or other form
of temporary-type living units shall be permitted in a mobile home
court.
A.
Maximum occupancy. The maximum number of occupants
of a mobile home shall be limited to the number determined on the
basis of square feet of floor area of habitable space, exclusive of
habitable space used for cooking purposes, in accordance with the
following:
B.
Prohibited uses. Bathrooms, toilet rooms, kitchens
and kitchenettes shall not be used for sleeping purposes.
A.
A mobile home shall contain a kitchen sink, flush-type
water closet, bathtub or shower, and lavatory.
B.
Hot- and cold-water supply shall be provided at kitchen
sink, bathtub or shower, and lavatory. Cold water shall be supplied
to the water closet.
C.
Plumbing systems shall be in accordance with the State
Building Code and shall be designed and arranged so as to facilitate
connecting to approved exterior water supply and sewage disposal systems,
to provide adequate water supply to all plumbing fixtures and to dispose
of all liquid wastes therefrom.
A.
Water supply systems. All water supply systems shall
be installed as per plans approved by the town, County Department
of Health and/or other appropriate authority. Such systems shall be
designed to provide a sufficient supply of potable water, under adequate
pressure, to outlets servicing mobile homes, community structures,
drinking fountains, hose connections, hydrants and so on. Where a
public water supply system is not available, an adequate private water
supply system, approved by the County Department of Health or local
health department having jurisdiction, shall be provided. Private
water supply systems shall be certified by the County Department of
Health as being pure and safe for human consumption (potable) on February
1 and August 1 of each year. Each mobile home lot shall be supplied
with potable water from the approved water supply system by a pipe
of at least 3/4 inch inside diameter to a cold-water tap at least
four inches above the ground with at least 30 pounds of 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.
B.
Sewage disposal system. All sewage disposal systems
shall be installed in accordance with plans approved by the County
Department of Health. 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 system,
approved by the County Department of Health 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 at least four inches in diameter,
and piping shall have a continuous grade to the point of disposal
in an approved public or private sewage disposal system. Such sewer
shall have an airtight connection with all outfall pipes for any mobile
home harbored on that lot. These connections shall be fitted with
an airtight cover during periods of nonuse.
[Amended 9-5-1990 by L.L. No. 2-1990]
C.
Sewage treatment facilities. All sewage treatment
facilities, if required by appropriate authority and whether located
above or below the ground, shall be installed as per plans approved
by the County Department of Health. No sewage from a plumbing system
shall be disposed into the waters of the state, except where specifically
approved by the authority having jurisdiction in accordance with Article
12 of the State Public Health Law.[1]
[1]
Editor's Note: Article 12 of the State Public
Health Law was repealed by L. 1972, c. 664, § 6, effective
September 1, 1972. For current provisions, see now Environmental Conservation
Law § 17-0101 et seq.
D.
Electrical systems. The electrical system shall be
in accordance with the State Building Code and shall be designed to
provide adequate capacity to supply the connected load without exceeding
the allowable current-capacity of the conductors. Each mobile home
lot shall be provided with a conductor and terminal capable of carrying
a minimum current of 60 amperes. Service shall be underground to meet
all applicable regulations. An electrical connection receptacle or
terminal box of an approved weatherproof type shall be provided at
each mobile home lot. The receptacle shall be of the polarized type
with grounding conductors and shall have a four-prong attachment for
115/220 volts.
E.
Lighting and overhead wires. Artificial lighting shall
be provided to illuminate walkways, driveways and parking spaces for
the safe movement of pedestrians and vehicles at night. Specifically,
streetlighting standards shall be provided as follows:
(1)
Overhead streetlighting standards shall be placed
no further than 100 feet apart, shall have a minimum clearance above
the pavement of 12 feet and shall have a capacity of at least 100
watts.
(2)
Alternate side streetlighting (post lamps) shall be
placed no further than 60 feet apart, as measured along the center
line of the street [120 feet on one side of the street], shall have
a minimum height of four feet and a maximum height of seven feet and
shall have a capacity of at least 60 watts.
(3)
Service buildings shall have sufficient exterior lighting
fixtures so as to properly illuminate entrances and drying yards connected
therewith.
(4)
Streets and service buildings shall be illuminated
during all hours of darkness and according to the following schedule,
to the following minimum standards:
|
Location
|
Sunset to 11:00 p.m.
(watts)
|
11:00 p.m. to Sunrise
(watts)
| ||
|---|---|---|---|---|
|
Streets:
| ||||
|
Overhead
|
100
|
40
| ||
|
Side lights
|
60
|
25
| ||
|
Service buildings:
| ||||
|
Entrances
|
50
|
None
| ||
(5)
Wires installed above driveways and parking spaces
shall have a clearance of not less than 18 feet. Whenever possible,
wires should be located underground.
F.
Gas piping systems. 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.
G.
Refuse disposal. Each mobile home shall be provided
with at least one twenty-gallon garbage can with a tight-fitting cover.
Such 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.
[Amended 9-5-1990 by L.L. No. 2-1990]
H.
Community fuel storage. A mobile home court shall
be provided with facilities for the safe and efficient storage of
required fuels. Liquefied petroleum gas storage containers having
a capacity exceeding 125 gallons shall be located not less than 25
feet from the nearest mobile home, structure, building and lot line
and shall not be subject to damage from moving vehicles. Fuel, oil
and other flammable materials shall be stored so as not to be a fire
hazard.
I.
Street paving. All streets shall be paved for a minimum
width of 20 feet in accordance with specifications effective for similar
development in the balance of the town if such specifications are
drawn or, in the absence of such specifications, as per specifications
approved by the Town Superintendent of Highways.
J.
Parking area paving. Areas for motor vehicle parking
shall be surfaced with uniform-sized gravel or crushed stone to a
minimum depth of eight inches in the absence of fully hard surface
paving.
K.
Walkways. All walkways shall be a minimum width of
three feet and a thickness of four inches and of clear gravel, macadam
or concrete.
L.
Mobile home stand. Each mobile home court 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 area of each mobile home stand shall be
so improved. The topographic change of the 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.
M.
Stormwater drainage. Mobile home courts shall have
adequate facilities for 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
or 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, drain inlets, stormwater sewers,
approved storm and sanitary sewers or other satisfactory drainage
systems shall be utilized where deemed necessary and shall be of a
size specified by the Building Inspector.
[Amended 9-5-1990 by L.L. No. 2-1990]
N.
Service buildings:
(1)
Service buildings shall be located in such a way as
to prohibit primary access directly adjacent to a mobile home lot.
(2)
Service buildings housing sanitation and laundry facilities
or any other facilities shall be permanent structures complying with
the State Building Code and the State Sanitary Code and/or all other
applicable ordinances and statutes regulating buildings, electrical
installations and plumbing and sanitation systems.
(3)
The service buildings shall be well lighted at all
times from sunrise to 11:00 p.m. and shall be capable of being lighted
between 11:00 p.m. and sunrise; shall be well ventilated with screened
openings; shall be constructed of such moistureproof material, including
painted wood-work, 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 shall be supplied with drains.
O.
Mobile home court owner obligations. In general, mobile
home courts shall be properly maintained so as to ensure the desirable
residential character of the property. Specifically, the following
shall apply:
(1)
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 and 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.
(2)
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 courts.
Open areas shall be maintained free of heavy undergrowths of any description.
(3)
Accessory structures. All accessory buildings or structures
shall be kept in good repair, free from health, fire and accident
hazards. They shall be of durable construction and appropriate for
the intended use and location, and exterior wood surfaces of all structures
that are not inherently resistant to deterioration shall be periodically
treated with a protective coating of paint or other suitable preservative.
(4)
Gravel areas. All areas surfaced with gravel shall
be kept clear of all forms of vegetation.
(5)
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
practices.
P.
No addition to a mobile home or trailer in excess
of 40 square feet of floor space shall be permitted unless supplied
by the manufacturer of the mobile home or trailer.
R.
Vehicular access to a town, county or state highway
shall be approved by the respective official involved.
S.
Fire protection and control.
(1)
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 or Village Fire Department.
(2)
No open fires shall be permitted at any place within
the court which may endanger life or property.
(3)
No fires shall be left unattended at any time.
T.
Register of occupants.
(1)
It shall be the duty of each mobile home court 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:
(a)
The name and legal address of all occupants.
(b)
The name and address of the owner of each mobile
home.
(c)
The make, type, model, year and the 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.
(d)
The date of arrival and departure of each mobile
home.
(e)
Forwarding address of each occupant.
(2)
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 court.
A.
This chapter shall be enforced by the Building Inspector,
and said officer or his inspectors shall be authorized and have the
right, in the performance of their duties, to enter any premises during
normal business hours and in emergencies whenever necessary to protect
the public interest.
B.
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the premises within their control
to the Building Inspector or his inspectors acting in the performance
of their duties.
C.
The Building Inspector and his inspectors shall be
free from personal liability for acts done in good faith in the performance
of their official duties.
D.
It shall be the duty of the Building Inspector to:
(1)
Cause periodic inspections of all licensed premises
not less than once each year and to inspect premises in pending applications
of permits.
(2)
Investigate all complaints made under this chapter.
(3)
Make a written order for remedy of violations of any
provision of this chapter and to allow a reasonable time in such order
for compliance. Such order shall be served by registered mail directed
to the licensee at the address of the licensed premises, and such
notification shall be deemed sufficient legal notice under this chapter.
(4)
Request the chief legal officer to take appropriate
legal action on all violations of this chapter.
E.
The licensee or permitee and the duly authorized attendant
or caretaker, if there is one, shall be responsible at all times to
keep the mobile home court and its facilities and equipment in a clean,
orderly and sanitary condition. The attendant or caretaker shall be
answerable, with the licensee or permittee, to the licensing agent
or agency for the violation of any provisions of this chapter to which
the licensee or permittee is subject. The mobile home owner is responsible
for infractions to this section occurring within his mobile home and
for any of his property or uncontained refuse that may be located
externally.
The fee to be paid by the applicant upon issuance
of a permit as hereinabove provided shall be as follows:
Mobile home courts legally situated in the town
prior to the effective date of this chapter shall be deemed approved
as to location and size but shall be subject to the remaining regulatory
provisions of this chapter, and permits therefor must be acquired
within 60 days of the enactment of this chapter.
Any person violating provisions of any section
or subdivision of the provisions of this chapter shall be subject
to a penalty not exceeding $250 or imprisonment for not more than
15 days, or both, for each violation. Each day that such violation
is permitted to exist shall constitute a separate offense. The penalty
herein provided for shall be in addition to any and all additional
remedies which the town shall have pursuant to law.
