[HISTORY: Adopted by the Town Board of the
Town of Richmond 6-19-1973 by L.L. No. 2-1973. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Town of Richmond Mobile Park Law."
It is the purpose of this chapter to promote
the health, safety, comfort, convenience and the general welfare of
the community and to protect and preserve the property of the Town
of Richmond and its inhabitants by regulating mobile home parks in
the Town of Richmond, New York.
As used in this chapter, the following terms
shall have the meanings indicated:
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
The Code Enforcement Officer of the Town of Richmond, New
York, or the Deputy Code Enforcement Officer.
[Amended 12-11-2001 by L.L. No. 2-2001]
A certificate issued by the Town Board authorizing maintenance
and operation of a mobile home park.
A vehicle or unit for human use or occupation, whether resting
on wheels, jacks, foundation or other support, and of such original
manufacture and construction as to be movable upon streets and highways.
A unit may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later to provide additional cubic capacity,
as well as two or more separately towable components designed to be
joined into one integral unit capable to being again separated into
the components for repeated towing. Excluded, however, from this definition
are travel trailers, motorized homes, pickup coaches and camping trailers.
A parcel of land within a mobile home park with frontage
on a roadway reserved for the placement of a single mobile home and
the exclusive use of its occupants.
A parcel of land under single ownership which has been planned
and/or improved for the placement of mobile homes for nontransient
use.
That part of a mobile home lot which has been reserved for
the placement of a mobile home, appurtenant structure or additions,
including driveway apron and patio. The mobile home stand area is
derived from the area of the lot which remains after all setbacks
are met.
A written permit issued by the Code Enforcement Officer permitting
the construction, alteration and extension of a mobile home park under
the provisions of this chapter and regulations issued hereunder.
Any individual, firm, trust, partnership, public or private
association or corporation.
The Planning Board of the Town of Richmond, New York.
Refers to person (see definition of "person").
Town Board of the Town of Richmond.
Town Clerk of the Town of Richmond, New York.
A vehicle or unit designed to be towed by an automobile which
has a width not in excess of eight feet and a length not in excess
of 32 feet and is designed to be used on a temporary basis.
A.
No person, firm or corporation shall use or permit
the use of land or premises as a mobile home park without obtaining
a license therefor as herein provided. An application for such license
shall be obtained from the Town Code Enforcement Officer and filed
with the Town of Richmond Town Board. A nonrefundable fee based upon
the following schedule will be paid to the Code Enforcement Officer:
a minimum fee of $25 or $5 per lot, whichever is greater, up to a
maximum fee of $200 will be charged.
B.
Application.
(1)
The application must contain a legal description of
the property on which the proposed park will be located.
(2)
A plot plan prepared and signed by a licensed engineer
must be enclosed with said application and must include a plan of
the proposed park showing the layout of lots, lot dimensions, recreation
areas, landscaping, proposed drainage, accessory buildings and service
buildings and also showing:
(a)
Abutting property owners and the present use
of their properties.
(b)
Proposed access and egress routes and widths
thereof.
(c)
Present and proposed sanitary and storm sewers
and water and other utility lines.
(d)
Details regarding any unusual special land features,
such as streams, creeks, areas subject to flooding and areas of steep
slopes in excess of 15°.
C.
Said application, when completed and filed and when
the fee has been deposited with the Code Enforcement Officer, will
be forwarded to the Planning Board for review at least 10 days before
the next regularly scheduled Planning Board meeting.
D.
Planning Board action. The Planning Board will consider
the application and may make recommendations in respect thereto. The
Planning Board may request the applicant to clarify or amplify material
submitted. Within 30 days after receipt of the application the Planning
Board will submit its findings and recommendations to the Town Board,
which shall then schedule a public hearing on the application. Notice
of such hearing shall be published in a newspaper having a general
circulation in the town and posted on the official town bulletin board
at least 10 days prior to the hearing date. After the public hearing
the Town Board may approve, modify or deny the application.
Mobile home parks shall be located only in such
districts of the Town of Richmond, Ontario County, New York, as are
permitted under the Zoning Ordinance then in effect.[1] No existing mobile home park shall expand the number of
its mobile homes without making application hereunder for such expansion
and fully complying with all requirements of this chapter in respect
to such expansion area, except minimum site size requirements as set
forth in the succeeding subsection.
A.
Site size. The minimum site size shall be 20 acres
and the maximum site size shall be 50 acres.
B.
Size of lots and yards. Each mobile home lot shall
meet the following minimum requirements:
(1)
An area of 20,000 square feet, with a minimum width
of 100 feet and a minimum depth of 200 feet.
(2)
Front yard setback depth from mobile home development
street: 50 feet.
(3)
Side yard setback depth from mobile home lot line:
10 feet.
(4)
Rear yard setback depth from mobile home lot line:
10 feet.
(5)
A mobile home shall not be located closer than 200
feet to any public highway and shall be no closer than 100 feet to
any adjoining property line.
C.
Minimum size of individual mobile homes. The minimum
floor area of mobile homes in a mobile home park shall be dimensions
of not less than 10 feet by 60 feet.
D.
Accessory buildings on individual lots or stands.
One accessory building, not exceeding 196 square feet, located to
the rear of the mobile home is permitted. This building must be of
a building material that is approved by the Town of Richmond Building
Code or by the Code Enforcement Officer if a Building Code is not
in effect.[2] This building may be of a preconstructed material but
its appearance must be compatible with the general overall character
of the park. An accessory building shall be securely fastened to the
ground and shall comply with any Town Building Code, and a building
permit must be obtained prior to construction.
E.
Entrance platform. Each mobile home shall be provided
with an entrance platform of concrete, asphalt or equivalent at least
five feet by five feet and four inches in depth. This platform will
be located at the main entrance to the mobile home and may act as
a base for railings and steps for the mobile home. This platform may
also be part of the patio area.
F.
Skirts and tie-downs, patios, cabanas and carports.
The bottom portion of each mobile home shall be enclosed with either
a metal or wood skirt or other suitable enclosure within 30 days after
arrival in the park. Such skirts or enclosures shall be uniform in
appearance, design and type for the entire park. In addition, each
mobile home shall be securely anchored and tied down to prevent any
movement by cable or similar metal connector running from each corner
of the mobile home to a connection securely fastened in concrete embedded
in the ground. No addition shall be permitted to any mobile home except
a patio, cabana or carport. Such patio, cabana or carport shall comply
with all setback and distance requirements of this chapter.
G.
Parking areas. Each mobile home lot shall have located
thereon two parking spaces, with each space having a minimum of 250
square feet. In addition, a common parking area shall be provided
for guest parking and for delivery and service vehicles. No on-street
parking shall be permitted. Adequate parking spaces shall be provided
for all park service buildings. No boats, camp haulers, trailers or
motor vehicles not designed for passengers shall be parked or stored
at any place within the mobile home park except in designated areas.
No unregistered motor vehicles or trailers or parts thereof or junks
of any nature or description shall be parked or stored within the
mobile home park.
I.
Landscaping. Landscaping will be provided to screen
the mobile home park from adjacent properties and public highways.
Fences shall be erected around any areas which constitute a hazard
to the public.
J.
Fire protection. Suitable fire apparatus and/or communication
with a local Fire Department shall be provided. In areas not served
by municipal water supply, a pond of no less than 100,000 gallons'
capacity will be provided for water in case of fire. A fence four
feet high shall enclose the pond.
A.
Entrance road. The entrance road connecting the mobile
home park streets with a public road shall have a pavement width of
at least 24 feet, with shoulders five feet in width on each side of
the pavement. All necessary permits will be obtained from state, county
and local authorities.
B.
Internal streets.
(1)
All internal streets shall have a minimum width of
at least 20 feet and a minimum shoulder on each side of five feet.
(2)
Culs-de-sac shall be provided in lieu of closed-end
streets. The turnaround area of such culs-de-sac shall have an outside
roadway diameter of at least 90 feet.
(3)
All access and internal streets shall be constructed
of blacktop or equivalent of the same and shall be designed, graded
and leveled so as to permit the safe passage of emergency and other
vehicles at a speed of 15 miles per hour.
(4)
Each street shall be named and each mobile home lot
therein will be given a permanent number which shall be affixed to
the mobile home and shall be visible from the street.
C.
Lighting. Streets should be satisfactorily illuminated
from dusk to dawn, with such lighting meeting the recommendations
of the utility company, subject to approval of the Planning Board.
A.
Water.
(1)
General requirements. An adequate supply of water
shall be provided for mobile homes, service buildings and other accessory
buildings as required by this chapter. Where public water is available,
such supply shall be used exclusively, unless local authorities deem
otherwise. If a public water supply system is not available, the development
of an adequate private water supply system shall be approved by the
health authorities having jurisdiction thereof.
(2)
Specific regulations.
(a)
The supply of water must be free from any source
of underground or surface contamination.
(b)
Water supply treatment, if necessary, shall
be in accordance with the requirements of the health authority or
other authorities having jurisdiction.
(c)
All water piping, fixtures, equipment, connectors
and appurtenances shall be constructed and maintained in accordance
with state and local regulations and shall be approved by the Town
Water Superintendent and/or Town Engineer.
B.
Sewage disposal.
(1)
An adequate and approved system shall be provided
in all parks for conveying and disposing of sewage from mobile homes,
service buildings and other accessory facilities.
(2)
Approval by appropriate New York State agencies as
well as compliance with all town regulations is required before any
permit or license may be issued.
(3)
Sewage treatment and/or discharge. Where the sewer
lines of the mobile home park are not connected to a public sewer,
all proposed sewage disposal facilities shall be approved by appropriate
New York State agencies and local authorities prior to construction.
C.
Storm drainage pipes, ditches, etc., may be required.
D.
Garbage and refuse.
(1)
Each mobile home park shall provide sanitary equipment
to prevent littering of the grounds and premises with rubbish, garbage
and refuse. Each mobile home shall have containers with tightly fitting
covers. Regular disposal shall be provided for all rubbish, trash
and garbage. Storage areas for garbage, rubbish and trash containers
will be adequately screened by either a solid fence or appropriate
screening vegetation.
(2)
No garbage or refuse of any kind shall be burned.
A.
Every park shall contain an electrical wiring system
consisting of wiring fixtures, equipment and appurtenances which shall
be installed and maintained in accordance with the local electric
power company's specifications and regulations. All wiring fixtures
and connections must have the New York State Underwriters' approval.
B.
Specific regulations.
(1)
Each mobile home shall be supplied with not less than
one-hundred-amp service. If the mobile home is to be heated electrically,
then a two-hundred-amp service is recommended for each unit.
(2)
All electrical and telephone lines will be placed
below ground surface (or requirements should be the same as the subdivision
requirements of the town).
A.
The storage facilities and all piping for any central
supply of fuel oil or liquefied gas in a mobile home park shall be
located below ground.
B.
In the event a central system is not provided, all
fuel oil and liquefied gas tanks shall be located below ground at
the rear of mobile homes.
C.
Each mobile home shall be equipped with an accessible
means for shutting off the supply of fuel oil and liquefied gas to
the mobile home. Such shutoff shall be located outside and in close
proximity to the mobile home.
A.
Every mobile home park shall have a minimum of 8,000
square feet of recreation area for the public use of persons living
in the park and no less than 200 square feet per mobile home. This
is not to include streets, roads and parking areas.
B.
The Town Board, as a condition of approval, may establish
such conditions on the ownership, location, use and maintenance of
open spaces and recreational areas as it deems necessary to assure
the preservation of such open spaces and areas for their intended
purposes.
C.
Design of such areas and spaces shall be appropriate
for intended use and location.
A.
Sales of lots in mobile home park. No mobile home
lot shall be sold within a mobile home park.
B.
Mobile home sales. No mobile home shall be offered
for sale, displayed for sale or sold within a mobile home park unless
such mobile home is connected to all operating utilities and is placed
on a lot within the mobile home park.
After such time that the provisions hereof and all other pertinent rules, regulations and codes, including Chapter 200, Zoning, have been met, the Town Board of the Town of Richmond will issue a license for operation and maintenance of a mobile home park. Said applicant will file a licensing fee of $1 per lot. Said license is for a twelve-month period.
A.
Renewal of license. Within 40 days prior to expiration
of said license, the applicant must file for renewal of the license.
At this time the Code Enforcement Officer and/or other authorities
may make inspections of said mobile home park to determine if compliance
with the provisions of this chapter and all other rules, regulations,
laws and codes has been met. After proper examination and determination
that there is such compliance, a renewal license will be issued by
the Town Clerk. The renewal fee will be $1 per lot.
B.
Transfer of license. Every person holding a license
shall not transfer said license until such time as the Code Enforcement
Officer shall have an opportunity to examine such park to determine
if compliance with this chapter and other rules and regulations has
been met. If approved by the Code Enforcement Officer, the Town Clerk
then shall issue a permit transfer upon payment of the transfer fee.
No license shall be transferred or assigned without permission of
the Town Board.
[Amended 12-11-2001 by L.L. No. 2-2001
C.
Transfer fee. The transfer fee will be $2 per lot.
[Amended 3-10-2009 by L.L. No. 3-2009]
D.
Inspection of mobile home park. A representative of
the Town of Richmond (Health or Code Enforcement Officer) may inspect
a mobile home park at reasonable intervals and at reasonable times
to determine compliance with the law.
E.
Suspension or revocation of license. Upon the violation
of any provisions of this chapter, the Town Board shall give written
notice of such violation to the park operator with a demand that the
same be corrected. If said alleged violation is not corrected within
10 days after receipt of such notice and demand, the Town Board may,
upon 10 days' notice and after a public hearing, revoke the park license,
whereupon the park operations shall cease and terminate and all house
trailers and mobile homes shall be removed from the park.
F.
Penalties. Any person who violates this chapter shall
be guilty of a violation, and upon conviction thereof, shall be subject
to a fine of not less than $100, and not more than $500, or imprisonment
for a term not to exceed 15 days, or both.
[Amended 3-10-2009 by L.L. No. 3-2009]
G.
Appeals. Any licensee or applicant hereunder aggrieved
by any ruling or decision of an administrative officer shall have
the right to appeal such ruling or decision to the Town Board by filing
a notice of appeal with the Town Clerk within 30 days after the ruling
or decision is made.
A.
Every mobile home park shall be under the direct management
of the owner or licensee or his agent or representative. Such person
or persons shall:
B.
The person or persons to whom a license has been issued
shall operate the park in compliance with this chapter and shall provide
adequate supervision to maintain the park and keep its facilities
and equipment in good repair and in a clean, sanitary condition.
C.
The licensee will also:
(1)
Provide for adequate snow removal on all streets.
(2)
Provide for adequate garbage, rubbish and trash collection.
(3)
Provide the Tax Assessor, within five days following
the arrival of any mobile home, with the information called for by
the Tax Assessor and also notify the Tax Assessor within five days
following the departure of any mobile home from park.
A.
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.
In a case where a provision of this chapter is found
to be in conflict with a provision of a zoning, building, electrical,
plumbing, fire safety, health, water supply or sewage disposal law
or ordinance, or a regulation adopted pursuant thereto, or other local
law, ordinance, code or regulation, the provision or requirement which
is more restrictive or which establishes a higher standard shall prevail.
The Town Board shall have the power to grant
any application on specified conditions and to vary or modify the
terms and provisions hereof when physical characteristics prevent
strict compliance, provided the general intent, purposes and provisions
of this chapter are not violated.
