[HISTORY: Adopted by the Town Board of the Town of Olive 4-6-1971
by L.L. No. 1-1971. Amendments noted where applicable.]
This chapter shall be known as the "Local Law for the Regulation of
Mobile Homes and Mobile Home Parks located in the Town of Olive, Ulster County,
New York."
The purpose of this chapter is to promote the health, safety and general
welfare of the community, including the protection and preservation of the
property of the Town of Olive and of its inhabitants by establishing specific
requirements and regulations governing the occupancy and maintenance of mobile
homes and mobile home parks.
For the purposes of this chapter, the following words, terms and phrases
shall have the meaning ascribed to them in this section.
Any portable vehicle designed to be transported on its own wheels
or those of another vehicle; which is used, designed to be used or capable
of being used as a detached single-family residence and which is intended
to be occupied as living quarters and contains one or more of the following:
sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities,
plumbing and electrical connections for attachment to outside systems.
Any parcel of land which is planned and improved for the placement
of three or more mobile homes which are used as dwellings.
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 for the placement of a single mobile home and
the exclusive use of its occupants and shall contain a minimum land area as
provided by the Town of Olive Zoning Ordinance.[1]
[Amended 6-3-1986 by L.L.
No. 1-1986]
A durable surface located on a mobile home lot which is to be used
for the placement and capable of supporting a mobile home.
A supporting base made of concrete blocks or their equal which shall
be constructed in such a manner that the entire outside perimeter of the mobile
home shall rest securely on these concrete blocks or their equal. This supporting
base shall be so constructed as to have the foot of said base placed below
the average frost line as occurs in the Town of Olive.
All mobile homes, whether to be placed in a mobile home park or on a
mobile home private lot, shall contain not less than 600 square feet.
Any person, partnership, association or corporation being the owner
or occupant of any land within the Town of Olive shall not use or allow the
use of such land for a mobile home park unless a permit has been obtained
as herein provided.
A.
Issuance of permit.
(1)
The Town Clerk of the Town of Olive shall issue a permit
to be effective from the day of issuance to and including December 31 of that
same year.
(2)
This permit will not be issued until the Town Clerk has
received:
(a)
A written application from the applicant.
(b)
The required fee as herein provided.
(c)
Approval of the application by the Ulster County Department
of Health and the New York State Department of Health District Office.
(d)
Approval by the Zoning Enforcement Officer.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(e)
A resolution from the Town of Olive Planning Board approving
issuance of a permit.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(3)
This permit shall not be transferable or assignable.
B.
Supplemental permit.
(1)
Any person holding a permit for a mobile home park and
desiring to add additional lots to such park shall file an application for
a supplemental permit.
(2)
The application for such supplemental permit must be accompanied by three complete sets of plans and specifications as required by § 105-7 of this chapter. The application for a supplemental permit shall be filed and handled according to the procedure established in this section of the chapter.
(3)
When approved, and upon receipt of the required fee,
the Town Clerk shall issue a supplemental permit which will be effective from
the date of issuance to and including December 31st of the same year.
C.
Permit renewal.
(1)
An application for the renewal of any mobile home park
permit which was issued in accordance with the provisions of this chapter
must be filed with the Town Clerk on or before December 1 preceding the expiration
of the permit.
(2)
Upon the approval of the Agent of the Town Board and
by resolution of the Town Board, the Town Clerk shall issue a renewal permit
to be effective upon the expiration of the previous permit and continue in
force for a period of one year.
(4)
Such renewal permit shall not be transferable or assignable.
Each application for a mobile home park shall be in writing and signed
by the applicant.
A.
The application and related information shall be filed
with the Town Clerk in triplicate.
B.
The Town Clerk shall transmit one copy of the application
to the Zoning Enforcement Officer.
[Amended 6-3-1986 by L.L.
No. 1-1986]
C.
Upon receipt of the application from the Town Clerk,
the Zoning Enforcement Officer shall review the general arrangement of the
mobile home park. This shall include a review of: location and width of streets;
the location, size and arrangement of lots; the location of other structures
within the park; the location of entrance and exits; and the location, type
and extent of landscaping and screening materials.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(1)
The Zoning Enforcement Officer shall transmit the application
back to the Town Planning Board, together with his written findings, within
30 days of receipt of the application. The failure of the Town Planning Board
to act within 30 days of receipt of the application shall be deemed as its
approval.
(2)
The application shall be returned to the Town Clerk and
the applicants notified in writing by the Town Clerk of the decision rendered
within 10 days of such decision.
D.
The Town Planning Board shall review the findings of
the Zoning Enforcement Officer and by resolution indicate its approval or
disapproval of the application within 60 days of the date of filing the application
with the Town Clerk.
[Amended 6-3-1986 by L.L.
No. 1-1986]
E.
If the application is disapproved, the applicant shall
have the right to appear before the Town Board for a hearing.
Each application shall be accompanied by three complete sets of plans
which are prepared by a surveyor, engineer or other qualified person. The
plans shall be drawn to a scale of 50 feet to one inch; shall include the
date, North point and scale; and shall furnish the following information:
A.
Legal data.
(1)
The name and address of the applicant; or the name and
address of each partner if the applicant is a partnership; or the name and
address of each officer and director if the applicant is an association or
corporation.
(2)
The location and a copy of the deed of the land that
is proposed to be used as a mobile home park.
(3)
The number of lots to be provided in such park.
C.
Existing development.
(1)
A location map which shows all land within 200 feet of
the proposed park, and all structures on the land which abuts the proposed
park.
(2)
The location, names and widths of all adjacent streets.
(3)
The location of all water lines and utilities within
and adjacent to the proposed site.
(4)
Exact mileage to nearest fire station.
D.
Proposed development.
(1)
The location and widths of all entrances, exits, streets
and walkways.
(2)
The location, size and arrangement of each lot within
the park.
(3)
The method and plan for electric lighting.
(4)
The location and plan of all proposed structures and
improvements.
(5)
Any proposed grading and plans for landscaping.
(6)
Any proposed stormwater drainage.
(7)
Any proposed utilities.
(8)
Any public improvements proposed by the town in or adjoining
the proposed park.
(9)
Existing zoning.
A.
Site.
(1)
The park shall be located in an area where grades and
soil conditions are suitable for use as mobile home sites.
(2)
The park shall be located on a well-drained site which
is properly graded to ensure rapid drainage and be free at all times from
stagnant pools of water.
(3)
The park shall be free from heavy or dense growth of
brush and weeds.
(4)
The internal street system in a mobile home park shall
be privately owned, constructed and maintained.
B.
Mobile home park lot.
C.
D.
Mobile home stand.
(1)
Each mobile home park lot shall have a mobile home stand
which will provide for the practical placement on and removal from the lot
of both the mobile home and its appurtenant structures and the retention of
the home on the lot in a stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions
of the anticipated mobile homes and their appurtenant structures or appendages.
(3)
The stand shall be constructed of blacktop, concrete
or equal which is durable and adequate for the support of the maximum anticipated
loads.
(4)
The stand shall be suitably graded to permit rapid surface
drainage.
E.
Accessibility.
(1)
Each mobile home park shall be easily accessible from
an existing public highway or street.
(2)
Where a mobile home park has more than 10 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.
(a)
Such entrance and exits shall be designed and strategically
located for the safe and convenient movement into and out of the park, and
to minimize friction with the free movement of traffic on a public highway
or street.
(b)
All entrances and exits shall be at right angles to the
existing public highway or street.
(c)
All entrances and exits shall be free of any material
which would impede the visibility of the driver on a public highway or street.
(d)
All entrances and exits shall be of sufficient width
to facilitate the turning movements of vehicles with mobile homes attached.
(3)
The owner, lessee or their agent of a mobile home park
must comply with the town road specifications for all private roads located
in said mobile home park.
F.
Utilities and service facilities.
(1)
The following utilities and service facilities shall
be provided in each mobile home park which shall be in accordance with the
regulations and requirements of the Ulster County Department of Health, and
the New York State Department of Health and the Sanitary Code of New York
State:
(a)
An adequate supply of pure water for drinking and domestic
purposes shall be supplied by pipes, placed underground and properly protected
from frost, to all mobile home park lots and buildings furnished with water,
to all mobile home park lots and buildings within the park to meet the requirements
of the park. Each mobile home park lot shall be provided with proper water
connections.
(b)
Each mobile home park lot shall be provided with a sewer
which shall be connected to the mobile home situated on the lot to receive
waste from such home. The sewer shall be connected to a public or private
sewer system so as not to present a health hazard. Sewer connections in unoccupied
lots shall be so sealed to prevent the emission of any odors and the creation
of breeding places for insects.
(c)
Garbage cans with tight-fitting covers shall be provided
and maintained by each mobile home occupant to permit the disposal of all
garbage and rubbish. The cans shall be kept in sanitary condition at all times.
Garbage and rubbish disposal shall be the responsibility of the mobile home
park owner or his agent.
(2)
Each mobile home park lot shall be provided with weatherproof
electric service connections and outlets which are of a type approved by the
New York State Board of Fire Underwriters.
H.
Landscaping.
(1)
Lawn and ground cover shall be provided on those areas
not used for the placement of mobile homes and other buildings, walkways and
roads.
(2)
Planting shall be provided to the extent needed in order
to provide for the screening of objectionable views, adequate shade and suitable
setting for the mobile homes and other facilities.
(a)
Screen planting shall be provided to screen objectionable
views. Views which shall be screened include laundry facilities, other nonresidential
uses, garbage storage and collection areas and all abutting yards of adjacent
dwellings within 50 feet.
A.
No occupied mobile home shall hereafter be parked or
otherwise placed within the Town of Olive and outside a licensed mobile home
park except on a mobile home private lot.
B.
Mobile home permit.
(1)
The applicant for a mobile home private lot must file
an application with the Town Clerk.
(2)
Each application for a mobile home permit shall be in
writing and signed by the applicant. This application must state and be accompanied
by the following:
(3)
The Town Clerk shall transmit the application to the
Zoning Enforcement Officer. Upon receipt, the Zoning Enforcement Officer shall
review the applicant's compliance with the provisions of this chapter and
the Town of Olive Zoning Ordinance.[1]
[Amended 6-3-1986 by L.L.
No. 1-1986]
(4)
The Zoning Enforcement Officer and the Building Code
Enforcement Officer shall review the application and shall indicate approval
or disapproval.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(5)
The Zoning Enforcement Officer shall notify the applicant
of the decision and shall issue a permit to the applicant if the application
was approved.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(6)
If the application was disapproved, the applicant has
the right to appear before the Zoning Board of Appeals for a hearing.
[Amended 6-3-1986 by L.L.
No. 1-1986]
C.
Mobile home requirements.
(1)
Any mobile home parked or placed outside a duly licensed
mobile home park shall have an adequate supply of pure water for drinking
and domestic purposes and a sewage disposal system. Both systems shall satisfy
the requirements of the Ulster County Department of Health.
(2)
Not more than two occupied mobile homes shall be placed
or parked on any parcel of land which is located outside a licensed mobile
home park.
(3)
Every mobile home located outside a licensed mobile home
park shall have a permanent foundation.
D.
Existing mobile homes prior to enactment of this chapter.
(1)
A mobile home which is lawfully in existence prior to the enactment of this chapter but not located in a mobile home park may be continued to be used as living quarters by its occupants provided it meets the requirements of Subsection C(1), above.
(2)
If the owner of the land desires to substitute a mobile home for the existing mobile home, such owner shall file an application for a permit. Such application shall comply with the provisions of Subsection B of this section with respect to application procedure and requirements and meet the requirements of Subsection C(1) of this section.
(3)
Permit renewal. No renewal permit is required for any
person holding a permit for a mobile home private lot so long as said person
complies with the health requirements of the Ulster County Department of Health
and so long as circumstances remain exactly as stated on the original application.
[Amended 6-3-1986 by L.L.
No. 1-1986]
The Zoning Enforcement Officer shall enforce all of the provisions of
this chapter. Such Zoning Enforcement Officer shall have the right, at all
times, to enter and inspect any mobile home park and other premises used for
the parking or placement of a mobile home.
A.
Revocation of mobile home park permits.
(1)
If the Zoning Enforcement Officer determines that a mobile
home park for which a permit has been issued is not being maintained in a
clean and sanitary condition or is not being operated in accordance with this
chapter, the Zoning Enforcement Officer may serve upon the holder of the written
permit or his agent, a written order which will require the holder of the
permit to correct the conditions specified in such order within 15 days after
the service of such order.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(2)
If the holder of such permit shall refuse or fail to
correct the condition or conditions specified in such order within 15 days
after the personal service of such order, the Town Planning Board shall, by
resolution, revoke such permit and the holder of the permit shall thereupon
terminate the operation of such mobile home park.
[Amended 6-3-1986 by L.L.
No. 1-1986]
(3)
However, if the owner or operator of such mobile home
park shall thereafter correct such conditions and bring the mobile home park
into compliance with this chapter, such owner may then apply for the issuance
of a new permit for such park, and if the application is approved and a permit
is granted, the applicant shall pay to the Town Clerk the fee required by
this chapter without any credit for the fee paid for the permit which was
revoked.
B.
Revocation of permits for mobile homes outside of mobile home parks. If the Zoning Enforcement Officer finds and reports to the Town Planning Board that any mobile home located outside a licensed mobile home park is not being maintained in accordance with the provisions of § 105-9C or D of this chapter, the Town Planning Board shall serve a written order upon the holder of the permit and/or owner of the mobile home and/or the owner of the premises, directing that the condition or conditions therein specified be remedied within 15 days after the date of service of the order.
[Amended 6-3-1986 by L.L.
No. 1-1986]
Any person, partnership, association or corporation who violates any
provision of this chapter shall be guilty of a violation and subject to a
fine of not more than $250 or to imprisonment for a period of not more than
15 days, or both such fine and imprisonment. When a violation of any of the
provisions of this chapter is continuous, each week or portion thereof shall
constitute a separate and distinct violation.
None of the provisions of this chapter shall be applicable to the following:
A.
The business of mobile home or travel trailer sales,
except where units are used as living quarters, they shall conform with the
provisions of this chapter.
B.
The storage or garaging of mobile homes not being used
for living or sleeping purposes within a building or structure, or the storage
of one unoccupied mobile home; provided, however, that such unoccupied mobile
home shall not be parked or located between the street line and the front
building line of such premises.
C.
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 tool house in connection with such project, provided
that such mobile home is removed from such site within 30 days after the completion
of such project.[1]
[1]
Editor's Note: Former Subsection d, which immediately followed this
subsection, was repealed 6-3-1986 by L.L. No. 1-1986.
