[HISTORY: Adopted by the Town Board of the Town of Geneva 5-27-1972
as Ch. 28 of the 1972 Code. Amendments noted where applicable.]
It shall be unlawful for any person to use a manufactured home or manufactured
home court as a habitation or to establish, maintain, operate or conduct within
the town any manufactured home court or any combination of the same without
first having secured a license or permit therefor from the Town Clerk.
It is the purpose of this chapter to license and regulate manufactured
homes and manufactured home courts within the town and to require that such
courts shall be laid out and established in accordance with approved plans
and prescribed regulations for such courts and requiring the registration
of the occupant of such courts and to regulate the parking, use and location
of manufactured homes outside of such courts.
As used in this chapter, unless the context otherwise requires, the
following terms shall have the meanings indicated:
A use lawfully in existence at the time this chapter becomes effective.
A certificate authorizing maintenance and operation of a manufactured
home court.
Any site, lot, field or tract of ground on which two or more manufactured
homes or tent houses may be placed and occupied for living and/or camping
purposes, and shall include any building, structure, tent, vehicle or enclosure
used or intended to be used as a part of the equipment of such court.
An area or space within a manufactured home court assigned to and
used by one manufactured home or tent house.
A unit of adequately drained ground of definite size, clearly indicated
by corner markers for the placing of a manufactured home or a manufactured
home and tow car or other motorized vehicle used for towing.
Any vehicle so designed, constructed, reconstructed or added to by
means of accessories, in such a manner as will permit the use and occupancy
thereof as a dwelling structure for sleeping and/or living purposes, whether
resting on wheels, jacks or other support, and used or so constructed originally
as to permit its use as a conveyance upon the street or highway.
That part of an individual manufactured home court unit which has
been reserved for the placement of the manufactured home.
A certificate authorizing maintenance and use of a manufactured home
outside of a manufactured home court.
A shelter of canvas or other material used for dwelling purposes
and not constituting a manufactured home, as defined in this chapter, or permanent
construction of the real property.
[Added 12-23-1997 by L.L.
No. 5-1997]
In the interest of health and safety, all provisions of the Real Property
Law and the Public Health Law which apply to manufactured homes in manufactured
home parks shall be applicable in the town and enforced by the Code Enforcement
Officer as if such regulations were part of the Town Code.
[Added 12-23-1997 by L.L.
No. 5-1997]
Any new installation of a manufactured home on a lot or any replacement
of a manufactured home shall only be with a manufactured home constructed
after January 1, 1976.
No person shall use or permit the use of land or premises as a site
for a manufactured home without a permit therefor as provided in this chapter
or for a manufactured home court without obtaining a license as provided in
this chapter. The license or permit shall be issued for a period of one calendar
year and shall expire at midnight on December 31 of the calendar year for
which they were issued. Application for renewal of a license or permit shall
be in the same manner as for the initial license or permit.
Every manufactured home court as defined in this chapter in existence on September 11, 1967, shall be licensed under the terms of this chapter pursuant to application made under § 102-8, but the physical requirements of the plan, court units and layout for such courts may be varied by the Town Board from strict conformity with the requirements of §§ 102-8 and 102-9 in the event that the improvements existing on the premises at the effective date of this chapter shall make full compliance impossible or that the existing provisions respecting such use and occupation are adequate to existing health and safety requirements.
A.
License. Any person wishing to establish, maintain, construct
or operate a manufactured home court shall secure a license for such use from
the Town Clerk.
B.
Statement and plan to accompany application for a manufactured
home court license. Any applicant for a manufactured home court license shall
state, in writing, that he or she, as agent or owner, shall be responsible
for the proper maintenance and upkeep of the proposed court and shall further
submit a manufactured home court plan, to accompany each application to the
Town Clerk containing the following information as well as other information,
in writing, as required by the Town Clerk:
(1)
The boundaries of the plat and areas drawn to scale,
showing the area designated for playgrounds or recreation, streets for the
circulation of vehicles within the court, streetlighting, fire-protection
facilities and the size and arrangement of individual manufactured home court
units.
(2)
Entrances, exists and walkways.
(3)
The number and location of sanitary conveniences.
(4)
The potable water supply and method of disposal or treatment
of household wastes and other sewage disposal facilities. Written approval
of the State or County Health Agency, having jurisdiction relative to these
installations is necessary.
(5)
Availability of electricity.
(6)
The incinerator area.
(7)
Off-street parking area for vehicles.
(8)
The name and address of the owners and operators.
(9)
The number of manufactured home units to be accommodated.
C.
Application for license.
(1)
Application for each manufactured home court license
shall be in writing, signed and attested to by the applicant, who shall be
the owner, agent or authorized officer of the firm or corporation entitled
to occupation of the premises, stating:
(a)
The full name and address of each partner, if the applicant
be a partnership; the name and address of each officer and director, if the
applicant be a corporation.
(b)
The full name and address of the owner of the premises,
and if under lease or other nonowner use, the name and address of occupant
and the terms and period of occupation.
(c)
A description of the premises upon which the proposed
manufactured home court is to be located.
(d)
The number of manufactured home court units to be provided
in the proposed manufactured home courts.
(e)
A complete plan to scale showing the layout of the manufactured
home court; the location, size and arrangement of each manufactured home court
unit; the location of streets; the location and number of toilets, lavatories
and showers for each sex, water service facilities and garbage receptacles.
(f)
The water facilities and sanitary disposal plan as approved
by the appropriate Department of Health if required for such proposed development.
(2)
Each application shall be accompanied by a fee set from
time to time by resolution of the Town Board, which fee shall be retained
by the town to cover investigation, regardless of what disposition is made
of the application; such application fees shall be payable to the Town Clerk
and also apply on any application for additional manufactured home court units
in a licensed court during the licensed term.[1]
[Amended 12-23-1997 by L.L.
No. 5-1997]
(3)
Whenever the Code Enforcement Officer or any officer of the Town of Geneva shall determine that Chapter 102, Manufactured Homes, of the Geneva Code shall be required to be enforced, the costs incurred by said officer for consultation fees with engineers, attorneys or other professionals or costs incurred in enforcement of compliance with this Code, including but not limited to the costs of meeting the requirements of Article 6 of the Environmental Conservation Law (SEQR), shall be reimbursed by the real property owner before a building permit, certificate of occupancy, or other permit, may be issued, and if the real property owner fails to make such reimbursement, then said reimbursement costs levied pursuant to this chapter are hereby made a lien on the premises, and if the same is not paid within 30 days after it shall be deemed payable, the same shall be certified to the County Treasurer's office, which shall place the same on the real property tax roll for that year, with interest, and penalties allowed by law, and be collected as other town taxes are collected.
[Added 7-12-2001 by L.L.
No. 4-2001]
The following provisions shall be complied with:
A.
No manufactured home court shall be developed on a lot
less than five acres in size.
B.
Maximum lot coverage by any manufactured home and appurtenant
structures shall not exceed 40%.
C.
Individual manufactured home court units located in a
manufactured home court shall contain at least 4,000 square feet of lot area.
D.
The minimum side clearance between any two adjacent manufactured
homes shall be 28 feet.
E.
The minimum end to end clearance between two manufactured
homes shall be 20 feet.
F.
No manufactured home shall be located closer than 50
feet to any property line defining the external boundary of the manufactured
home court nor 20 feet to any manufactured home court street.
G.
Roadway or area lighting shall be deflected away from
adjoining properties.
H.
Operation of a manufactured home sales agency is prohibited
in a manufactured home court.
I.
Individual tenants at the manufactured home court may
construct attached enclosures to individual manufactured homes, provided that
such enclosures do not exceed 100% of the floor area of the manufactured home,
and provided that the additional requirements concerning side clearance and
end clearance and lot coverage are in compliance with the requirements of
this chapter.
J.
Each manufactured home court shall have no fewer and
no more than two entrances on the abutting public highway.
K.
Storage and disposal of wastes. There shall be central
garbage receptacles provided, the number being four for each 50 trailers.
The maximum distance between a trailer and a garbage receptacle shall be 250
feet. These receptacles shall be kept in sanitary condition and emptied periodically
by the licensee or his or her agent. No storage of any garbage shall be permitted
under a manufactured home.
L.
Registration. The court shall keep a record of all guests
noting:
(1)
The name and permanent address of each occupant.
(2)
The license plate numbers of all manufactured homes,
if any.
(3)
The state issuing such licenses, if any.
(4)
The date of arrival and departure from said manufactured
home court of each manufactured home and each occupant of each manufactured
home. The court shall keep a copy of the registry available for inspection
at any time by any authorized person and shall not destroy such registry until
the expiration of 12 months from the date of registration.
M.
Health. It shall be the duty of the licensee to notify
immediately the Town Health Officer of any communicable disease in the manufactured
home court.
N.
Inspection. Before the court commences operation, the
Code Enforcement Officer shall make an inspection of the premises to determine
that all requirements of this chapter have been complied with and shall issue
a certificate of occupancy. No use shall be permitted until such a certificate
has been issued.
O.
Drainage and grading. All land used as a manufactured
home court shall be graded to ensure rapid drainage and freedom from stagnant
pools of water, and such land must be maintained so as to be free from heavy
growth of brush or weeds.
P.
Abut driveway. All manufactured home court units shall
abut upon a hard-surfaced driveway or road not less than 20 feet in width.
If not paved, such road shall be maintained in such a manner as to prevent
the blowing of dust and dirt.
Q.
Water. An adequate supply of pure drinking water shall
be provided in a convenient location on the manufactured home court; proper
water connections shall be provided at each manufactured home court unit.
R.
Toilet, lavatory and shower. Manufactured home courts
wherein individual units do not have their own facilities shall provide one
toilet, one lavatory and one shower for each sex, for each five licensed manufactured
home court units.
S.
Disposal of sewage and other water carried wastes. All
sewage and other water-carried wastes shall be disposed of into a public sanitary
sewer system or a private system which includes a sanitary means of disposal,
the operation of which creates neither a nuisance or a menace to health. When
a water-carriage system of sewage is used, each manufactured home court unit
shall be provided with a sewer connection for its combined liquid waste outlet
or outlets. It shall be the duty of the owner or operator of said manufactured
home court not to permit the use of these outlets until the connections in
unoccupied units shall be so closed that they will not emit any odors or cause
a breeding place for flies. No waste water or other wastes shall be allowed
to fall on the ground from a manufactured home.
T.
Electrical. Electrical service shall be provided for
each manufactured home. Illumination shall be provided to illuminate all drives
or streets within the court. All electric wires from the source of metering
shall be underground.
U.
Fuel supply. All heating or cooking fuel for manufactured
home courts hereafter established or for any increase in manufactured home
units hereafter authorized must be from one of the following sources:
A license to maintain a manufactured home court must be renewed for each calendar year, and a license shall automatically terminate in the event of change of ownership of the manufactured home court, provided that, if the statement of facts as shown on the original application pursuant to § 102-8 has not changed, except as to the owner's identification, the Town Clerk may renew the license or issue a license to the new owner when the licensee or new owner submits a written application to the Town Clerk pursuant to § 102-8C, except that the plans required in § 102-8C(1)(e) and C(1)(f) may be omitted, together with the prescribed fees under said Subsection C, on or prior to the first day of December preceding the year for which the renewal license is to apply or prior to the maintenance and operation by the new owner in the current year.
If licensee desires to increase the number of authorized manufactured home court units, alter the boundaries of the manufactured home court or decrease the service, setbacks or facilities described in the original application as approved by the Town Clerk, then the applicant shall make application as for a new license pursuant to § 102-8.
If the Code Enforcement Officer or a peace officer or any town officer
finds that any manufactured home court is not being maintained in a clean
and sanitary condition or is not being conducted in accordance with this chapter,
or as approved for license, such facts shall thereupon be reported to the
Town Board, in writing, and the Town Board may direct the Town Clerk to serve
an order, in writing, upon the holder of the license of the person in charge
of said manufactured home court, directing that the conditions therein specified
be remedied within five days after date of service of such order. If such
conditions are not corrected after the expiration of said five days, the Town
Board may cause a notice to be served, in writing, upon the holder of the
license or the person in charge of said manufactured home court, requiring
the holder of the license to appear before the Town Board at the time to be
specified in such notice and to show cause why such manufactured home court
license should not be revoked. The Town Board may, after a hearing at which
testimony of witnesses may be taken and the holder of the license shall be
given an opportunity to be heard, revoke such license if said Town Board shall
find that said manufactured home court is not being maintained in a clean
and sanitary condition, or if they find that any provisions of this chapter
have been violated. Upon revocation of such license, the premises shall forthwith
cease to be used for the purpose of a manufactured home court, and all house
trailers shall forthwith be removed therefrom. At any such hearing the holder
of the license may be represented by counsel.
A.
Permit required. No manufactured home shall be occupied
or parked in the town outside of a licensed manufactured home court without
a permit therefor, except or subject as hereinafter provided.
B.
Permit not required. A permit is not required for:
(1)
The storage of an unoccupied manufactured home in an
agricultural district only, provided that it is placed to the rear of the
principal building, or provided that it is adequately screened and so located
that it does not detract from the general appearance of the neighborhood.
(2)
Visiting manufactured home and visiting days. No permit
is required of the manufactured home owner or the owner of the premises whereon
such manufactured home is visiting, if such premises are not occupied by visiting
manufactured homes for more than seven days in any single calendar year. The
owner of such premises shall, within three days of the date of entry and departure
of such manufactured home, notify the Town Clerk of arrival and departure
dates, and failure to give such notification shall constitute a violation
by the owner of said premises of this chapter. The Town Clerk shall maintain
a record of such visits and shall advise such owner of the accumulation of
seven aggregate visiting days within the year; thereafter no visiting manufactured
home may be parked on such premises in such year.
C.
[1]Application for permit. Application shall be made, in writing,
for a permit to the Town Clerk together, with payment of a fee set from time
to time by resolution of the Town Board on any application. The forms of application
shall be provided by the Town Clerk and shall include the following requirements
or restrictions:
(1)
The lot or premises must have adequate sanitary facilities and water supply approved by the appropriate Health Officer, and the water source for drinking and sanitation shall be on or connected with the premises. No permit will be issued unless the lot or parcel meets all the lot requirements in conformity with Chapter 165, Zoning, for a dwelling in the zone district in which it is to be located and unless the lot is at least 4,000 square feet in size.
(2)
A plot plan showing the location of the manufactured
home and facilities shall be included.
D.
Duration of permit. Permit shall be for an indefinite
period to expire only on termination, revocation or attempted transfer as
hereinafter provided.
E.
Termination or revocation of permit. Such manufactured home permit shall automatically and without notice terminate upon a change of ownership of the premises or of the manufactured home situated thereon, and such manufactured home shall not be occupied thereafter until a new permit is obtained. A permit may be revoked by the Town Clerk upon the same conditions and same procedure as herein provided for revocation of a manufactured home court license under § 102-12.
F.
Manufactured home replacement. Should the individual
having a manufactured home permit replace the manufactured home for which
the original permit was obtained, for his or her own individual use, he or
she shall notify the Town Clerk of such change and obtain without an additional
fee, a new manufactured home permit. Such new manufactured home shall comply
with all the provisions set forth in this chapter.
G.
Transfer of permit. Manufactured home permits shall not
be transferable.
B.
In addition, the violation of this chapter or any provisions thereof shall subject the person violating the same to a civil penalty in the sum of $50, and when a violation of this chapter or any of the provisions thereof is continuous, except as provided in § 102-12 wherein the Board agrees to grant a period of five days to remedy certain conditions, (each 24 hours thereof shall constitute a separate and distinct violation), said penalty to be recovered by the town in civil action.
C.
The application of the above penalty or penalties or
the prosecution for the violation of the provisions of this chapter shall
not be deemed to prevent the revocation of any permit or license issued pursuant
thereto or the enforced removal of conditions prohibited by this chapter.
The issuance of a manufactured home court license pursuant to the provisions
of this chapter or an individual manufactured home permit shall not be deemed
to waive compliance by the holder thereof, by the property owner or by any
occupant of said court with any statute of the State of New York or other
provision of this Code or any ordinance or health regulation of the town.
