[HISTORY: Adopted by the Town Board of the Town of Jerusalem 8-14-1972
as L.L. No. 1-1972. Amendments noted where applicable.]
This chapter shall be known as the "Local Law to Establish Housing Standards
Applicable to Mobile Homes and Mobile Home Parks."
The purpose of this chapter is to promote the health, safety, morals
and general welfare of the community, including the protection and preservation
of the property of the Town of Jerusalem and of its inhabitants by establishing
specific requirements and regulations governing the occupancy and maintenance
of mobile homes, including travel trailers and mobile home parks.
For the purposes of this chapter, the following words, terms and phrases
shall have the meanings ascribed to them in this section:
A mobile home which does not have a toilet and bath or shower.
A mobile home lot which is designed to accommodate a dependent mobile
home and does not have a septic system and water connections to accommodate
toilet and bath and/or shower in said mobile home.
The health officer of the Town of Jerusalem, Yates County, New York,
and/or the Town Board's duly authorized representatives.
A mobile home which has a toilet and bath and/or shower.
A mobile home lot which has a septic system and water connections
designed to accommodate the toilet and bath and/or shower contained in a mobile
home.
Any portable vehicle which is designed to be transported on its own
wheels or those of another vehicle (whether on wheels, a foundation or any
other stand); which is used, designed to be used and capable of being used
as a detached single-family residence; and which is intended to be occupied
as permanent living quarters containing sleeping accommodations, a flush toilet,
a tub or shower, kitchen facilities and plumbing and electrical connections
for attachment to outside systems.
Any portable vehicle which is designed to be transported on its own wheels (whether on wheels, a foundation or any other stand); which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes; and which may or may not include one or all of the accommodations and facilities specified in Subsection A.
A designated site of specific total land area which is located within
a mobile home park for the accommodation of one mobile home and its occupants.
Any parcel of land which is planned and improved for the placement
of three or more mobile homes.
No person, firm or corporation being the owner, lessee or occupant of
any land or premises within the Town of Jerusalem, Yates County, New York,
shall use or permit the use of said land or premises as a mobile home park
without obtaining a license therefor as hereinafter provided.
A.
The original application for each mobile home park license
shall be in writing, signed by the applicant, verified before a notary public
and shall include:
(1)
The full name and address of the applicant, including
the name and address of each partner if the applicant is a partnership and
the name and address of each officer and director if the applicant is a corporation.
(2)
An affidavit or affidavits showing that all property owners owning property within 1,500 feet in any direction from the extremities of the proposed mobile home park have been notified, in writing, that application has been made for the licensing of a mobile home park. Said notice shall include the information contained in Subsection A(1) and (3) hereof and shall also indicate that the complete plan as described in Subsection A(4) hereof is on file in the office of the Town Clerk for the inspection of interested parties. Said notice shall be served, either personally or by registered mail, return receipt requested.
(3)
The name and address of the owner or owners of the premises,
and, where the applicant is not the owner of the premises, the application
shall also be accompanied by a written statement signed by all the owners
consenting to the use of the premises for the purposes of a mobile home park.
(4)
A complete plan of the proposed mobile home park drawn to scale, showing the layout of the park, the location, size and arrangement of each mobile home lot, the proposed location of septic tanks and the proposed extent of the leach fields, the proposed location and capacity of the water supply and the location of streets. The plan shall show the location and number of toilets, lavatories, showers and tubs for each sex, the location of water service and fire hydrants, the location of slop sinks, garbage receptacles and laundry trays and the location and layout of the manager's office. The plan shall show contours at five-foot intervals, the location of watercourses, marshes and areas subject to flooding and wooded areas. The plan shall also include a location map which shows all land within 300 feet of the proposed mobile home park and all structures on land which abuts the park, the location and names of the adjacent streets and the location of water and other utility lines within and adjacent to the proposed site. The plan shall also include a scale drawing of the entranceways and of the fences and/or hedges to be erected on that portion of the mobile home park abutting upon the street or public highway and a scale drawing showing the height, type and style thereof. At least one copy of such plan shall be filed with the Town Clerk prior to the service of notice on property owners as hereinabove provided for in Subsection A(2).
B.
An application fee of $5 for the first five mobile home
lots or fewer, plus $1 for each additional mobile home lot thereof shall accompany
the application, which fee shall be retained by the town to cover the cost
of investigation, regardless of what disposition is made of the application.
A.
Filing of application. Each application shall be filed
in triplicate with the Town Clerk who shall thereupon transmit one copy to
the Health Officer and one copy of the same to the Planning Board of the Town
of Jerusalem. The Health Officer shall thereupon conduct an investigation
and shall transmit the application to the Town Board upon completion of his
investigation, together with his approval or disapproval thereof and recommendations
pertaining thereto. The Planning Board of the Town of Jerusalem shall simultaneously
conduct an investigation and shall transmit the application to the Town Board
upon the completion of its investigation, together with its approval or disapproval
thereof and recommendations pertaining thereto. All such applications shall,
after investigation, be approved or rejected by the Town Board after which
the application shall be filed with the Town Clerk and the applicant notified,
in writing, by the Town Clerk of the action taken thereon. If the application
is disapproved, the applicant shall have the right to appear before the Town
Board for a hearing.
B.
Issuance of license. The Town Clerk of the Town of Jerusalem,
upon a written application and upon the approval of the same by the Town Board
of the Town of Jerusalem, upon receipt of the fee hereinafter provided for
and upon receipt of a New York State Department of Health permit to construct
facilities, shall issue a license to become effective from the date thereof
and to continue in force for the time specified therein but in no event longer
than through the 31st day of December next succeeding for the use of the premises
therein specified as a mobile home park, which license shall specify the number
of mobile home lots which shall be used in said mobile home park. Such license
shall not be transferable or assignable.
C.
License fees. The applicant shall, at the time of the
issuance of any such license, pay to the Town Clerk an amount equivalent to
the difference between the application fee previously paid to the town and
the license fee which shall be $2 for each mobile home lot as shown on the
approved application.
A.
All applications for renewal of a license issued pursuant to this chapter shall be submitted to the Town Clerk on or before the first day of December next preceding the expiration date of said license. Applications for renewal shall be submitted in writing by the applicant in accordance with § 104-5A(1) hereof. If any change in the approved plan is contemplated by the applicant, the requirement of § 104-5A(4) must be complied with in regard to said change, and, in addition, if said change involves the addition of one or more mobile home lots, the provisions of § 104-5A(2) must also be complied with. The Town Board may also require compliance with § 104-5A(2) whenever the Town Board deems the change to be substantial. In the event of any change in the ownership of said property, the applicant must also comply with the provisions of § 104-5A(3).
B.
The filing of applications for license renewal, the approvals required, the procedure for issuance of a renewal license and the payment of the license fee shall be the same as required by § 104-6 hereof as in the case of the original application for mobile home park licenses, except that, where no change is proposed, the approvals of the Health Officer and the Planning Board of the Town of Jerusalem shall only be required when the Town Board, in its discretion, requests such approvals. A license shall become effective upon the expiration period of the prior license and shall continue in force for the time specified therein but in no event longer than a period of one year.
C.
Any license renewal shall not be transferable or assignable.
A.
If a police officer, health officer, any authorized representative
of the Town Board of the Town of Jerusalem or the New York State Department
of Health finds that any mobile home park is not being maintained in a clean
or sanitary condition or that any provision of this chapter has been violated,
said officer or representative shall report the same to the Town Board in
writing. The Town Board may then cause a notice, in writing, to be served
upon the holder of said license or the person in charge of such mobile home
park requiring the holder of the license to appear before the Town Board at
a time to be specified in such notice, not less than 24 hours after service
thereof, to show cause why such mobile home park license should not be revoked.
The Town Board may, after a hearing at which testimony shall be taken and
the holder of the license shall be heard, revoke such license if it shall
find that said mobile home park is not being maintained in a clean and sanitary
condition, or, if the Town Board finds that any provision hereof has been
violated, the Town Board may, in its discretion and upon the application of
the license holder, permit a reasonable adjournment of the proceedings not
in excess of 10 days so that the license holder may take corrective action.
B.
Upon the revocation of such license, the premises shall
forthwith cease to be used for the purpose of a mobile home park, and all
mobile homes, tents or similar appurtenances shall forthwith be removed therefrom
within 30 days.
A.
Location. All property used as a mobile home park shall
be well-drained, of ample size and free from heavy or dense growth of brush
or woods. The land shall be properly graded to ensure complete drainage during
and following rainfall and shall at all times be so drained as to be free
from stagnant pools of water.
B.
Mobile home lots. All mobile home lots shall contain
at least 7,500 square feet of ground with a minimum dimension of 50 feet.
Mobile home lots shall be grouped into blocks or tracts separated by streets,
each fronting on at least one street. One mobile home lot shall be established
and marked off for each mobile home proposed to be accommodated in said mobile
home park. No mobile home shall be parked or otherwise located nearer to the
boundary of its mobile home lot than a distance of at least 15 feet.
C.
Accessibility. Each mobile home park shall be easily
accessible from an existing public highway or street. Where a mobile home
park has more than 16 mobile homes, two points of entry and exit shall be
provided, but in no instance shall the number of entry and exit points exceed
four. Such entrances and exits shall be designed and strategically located
for the safe and convenient movement into and out of the park and to minimize
interference with the free movement of traffic on a public highway or street.
All entrances and exits shall be free of any material which impedes the visibility
of the driver on a public highway or street. All entrances and exits shall
be of sufficient width to facilitate the turning movement of vehicles with
a mobile home attached.
D.
Streets. Each mobile home park shall have improved streets
to provide for the convenient access to all mobile home lots and other important
facilities within the park. The street system shall be so designed to permit
the safe and convenient vehicular circulation within the park. Streets shall
be adapted to the topography and shall have suitable alignment and gradient
for traffic safety. All street widths shall be 20 feet or more and streets
shall be graded with a six-inch gravel base so as to provide adequate drainage.
Except in case of an emergency, no parking shall be allowed on such streets.
E.
Parking. An improved driveway and parking space shall
be provided for each mobile home lot. Such space and driveway shall have a
minimum width of nine feet and a minimum length of 30 feet. Additional off-street
parking spaces shall be provided at strategic and convenient locations for
guests and delivery and service vehicles. There shall be one such additional
parking space for each two mobile home lots within the park.
F.
Fencing. Every mobile home park shall be surrounded on
all sides by an ornamental fence or hedge which shall be not less than three
nor more than six feet in height. The Town Board may dispense with such fence
or hedge on side and rear lines when it has received the consent of abutting
owners within 200 feet of the boundary of the mobile home park where such
fence or hedge is to be dispensed with.
G.
Set backs. No mobile home park shall be located within
80 feet of any public highway, public street line or any adjacent property
line.
H.
Sewage and potable water supply. All mobile home parks
must conform to the requirements of the New York State Department of Health.
I.
Park lighting. All streets, walks and public areas are
to be lighted with two-hundred-watt incandescent lamps or the equivalent.
J.
Fire protection.
(1)
One two-and-one-half-pound dry chemical fire extinguisher
shall be located on each mobile home lot and maintained in good working order.
(2)
Standard underground storage equipment shall be installed
for the handling and storage of gasoline. All electrical wiring and equipment
shall comply with and shall be installed in accordance with the New York State
Uniform Fire Prevention and Building Code.[1]
(3)
Oil drums shall be suitably located at the rear of each
mobile home within five feet of the center thereof. Liquefied petroleum gas
storage tanks shall be suitably located on the off-door side of each mobile
home in accordance with applicable New York State Board of Fire Underwriters'
regulations.
K.
Garbage facilities. In the absence of one garbage container
and one refuse container of a size and type approved by the Health Officer
located within 50 feet of every mobile home lot, there shall be provided centrally
located enclosed containers and/or buildings which shall house an adequate
number of refuse and garbage receptacles or be otherwise suitable for the
collection of refuse and garbage. Garbage and refuse containers shall be kept
in a clean and sanitary condition at all times. Garbage and rubbish shall
be collected and disposed of as frequently as may be necessary to ensure the
maintenance of a clean and sanitary condition.
L.
Toilet facilities; toilet buildings; lavatory and bathing
facilities.
(1)
All mobile home parks in which there is one or more dependent
mobile home lot or lots shall be provided with separate toilet buildings for
each sex in which shall be installed water closets placed in separate compartments
properly separated from any other water closet, each compartment being not
less than three feet wide and enclosed with partitions. Male toilet facilities
shall consist of not less than one flush toilet for every 15 dependent mobile
home lots and one urinal for every 15 dependent mobile home lots. Female toilet
facilities shall consist of not less than one flush toilet for every 10 dependent
mobile home lots.
(2)
All toilet, laundry and similar public buildings shall
be constructed of such moistureproof material as shall permit rapid and satisfactory
cleaning, scouring and washing. All floors shall be constructed of concrete
or similar material, elevated and not less than four inches above grade and
shall slope to the floor drain in each room. All building openings shall be
thoroughly screened with copper or other rust-resisting material.
(3)
Each such mobile home park which includes dependent mobile
home lots shall provide for each sex one lavatory and one shower or tub with
hot and cold water and adjoining dressing compartment of at least 16 square
feet for every 10 dependent mobile home lots or less. There shall also be
supplied one laundry tray with hot and cold water and also one slop sink or
basin with running water for each five dependent mobile home lots.
(4)
Mobile home parks with accommodations for only independent
mobile home lots are exempt from providing service buildings and the facilities
contained therein as hereinabove described in the preceding three subsections:
toilet facilities, toilet buildings and lavatory, bath, etc. facilities.
M.
Landscaping. Lawn and ground cover shall be provided
on those areas not used for the placement of mobile homes and other buildings,
walkways or road and parking areas. Plantings shall be provided to the extent
needed in order to provide for the screening of objectionable views, adequate
shade and a suitable setting for the mobile homes and other facilities. Screen
plantings shall be provided to screen objectionable views, including laundry
facilities, other nonresidential uses and garbage storage and collection areas.
N.
Advertising. Advertising signs and billboards shall not
be erected within a mobile home park.
O.
Skirting. Each mobile home owner shall be required to
enclose the bottom portion of the mobile home with either a metal or wood
skirt or other material, properly ventilated, within 60 days after arrival
in the park.
A.
This chapter shall apply to any mobile home park to be
established from and after its effective date. It shall also apply to the
placement of mobile homes not located in trailer parks from and after its
effective date.
B.
Excepted from the application of this chapter shall be
the following:
(1)
Existing mobile home parks; provided, however, that any
increase in mobile home lots or addition to an existing mobile home park after
the effective date hereof shall be subject to the provisions hereof.
(2)
Existing mobile homes not located in mobile home parks.
(3)
The business of mobile home sales, except that, where
units are used as living quarters, they shall conform to the provisions of
this chapter.
(4)
A mobile home located on the site of a construction project,
survey project or other similar work project and which is used solely as a
field office or work or toolhouse in connection with such project, provided
that such mobile home is removed from such site within 30 days after the completion
of such project.
(5)
A sectional home which is prefabricated in sections,
transported to the building site and then fastened together and placed on
a permanent and totally enclosed masonry foundation and which has a minimum
width of 20 feet for its entire length and contains a minimum of 800 square
feet of usable living space.
(6)
The storage or garaging by the owner of a mobile home
commonly known as a "travel trailer" not being used for living or sleeping
purposes; provided, however, that such mobile home shall not be parked or
located between the street line and the front building line on such premises.
The owner or operator of each mobile home park shall keep a permanent
book in which there shall be recorded the names and addresses of the owner
and occupant of each mobile home using the facilities of such mobile home
park.
Police officers, the Health Officer and any other duly authorized representative
of the town shall have the right at any time to enter any mobile home park
or other premises used for the parking or location of a mobile home and shall
have the right at all times to inspect all parts of said premises, exclusive
of the interior of individual mobile homes, and to inspect the records required
to be kept in any such mobile home park.
A.
No mobile home shall be parked or shall remain upon any
public highway in the Town of Jerusalem.
B.
Individual mobile homes shall be located on parcels of
land of at least 20,000 square feet in area, and no other mobile homes shall
be located within said area. The installation shall comply with the Public
Health Law and State Sanitary Code and the applicable requirements of the
New York State Uniform Fire Prevention and Building Code.[1]
C.
Any such mobile home located pursuant to this section
shall not extend in front of the main front line of the main residence building
on said premises. It shall not be located within 15 feet of any other building
or side or rear lot lines.
A.
Any person, partnership, association or corporation who
violates any provision of this chapter shall be guilty of violation and shall
be subject to a fine of not more than $250 or to imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment.[1]
B.
When a violation of any of the provisions hereof is continuous,
each 24 hours thereof shall constitute a separate and distinct violation.
All license fees and penalties shall be paid to the Town Clerk of the
Town of Jerusalem and credited to the general fund of the town. Said general
fund of the Town of Jerusalem will defray the expense of inspections provided
for by this chapter.
