It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Stanford by restricting all permanent and temporary structures resembling house and camping trailers and tents from all areas within the Town except as listed in §
151-12 and from regulated parks and to provide the proper regulation of house trailer parks and camping trailer parks and temporary residences. Legally established trailers in the Town prior to the effective date of this chapter shall continue to be regulated in accordance with §
151-13.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL EMPLOYEE RESIDENCE
A house trailer used specifically for the housing of a farm
employee and the immediate family of such employee. Said employee
shall be employed full time on the said farm and derive the majority
of his or her annual income from that employment.
CAMPING TRAILER
Any vehicle, either on or off wheels, or combination thereof,
the floor system of which is permanently supported by the same structural
frame as is used to transport it, not over 30 feet in length and located
in a camping trailer park between April 1 and December 1, used, designed
for use or capable of being used as sleeping or living quarters with
or without kitchen and bathroom facilities, propelled either by its
own power or by the power of another vehicle to which it may be attached.
CAMPING TRAILER PARK
Any lot, piece or parcel of ground defined by deed, which
has been designed and constructed to provide facilities and space
for rent to accommodate at least eight camping trailers or camping
tents between April 1 and December 1 inclusive during the calendar
year.
CONSTRUCTION RESIDENCE
A house or camping trailer used by the owner of a dwelling
while said dwelling is under construction. Such temporary residences
shall be placed on the same property on which the future dwelling
of said owner is being constructed.
EMERGENCY RESIDENCE
A house trailer established on a temporary and nonrecurring
basis to relieve an individual hardship demonstrated to be of such
magnitude as to encourage a deviation from the intent of this chapter
which requires trailers to be in regulated parks.
HOUSE TRAILER
Any vehicle, either on or off wheels, or combination thereof,
the floor system of which is permanently supported by the same structural
frame as is used to transport it, used, designed for use or capable
of being used as sleeping or living quarters containing kitchen and
bathroom facilities, designed and constructed to the Mobile Home Construction
and Safety Standards of the United States Department of Housing and
Urban Development as listed in the Federal Register, Vol. 40, No.
244, dated December 18, 1975, or latest revision thereof, either propelled
by its own power or by the power of another vehicle to which it may
be attached. Each "house trailer" shall bear a data plate showing
design and construction conformance with the Mobile Home Construction
and Safety Standards in accordance with Sections 280.5 and 280.510
showing insulation compliance for Zone No. 2.
MANUFACTURED HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet in length or, when erected on site, is 320 or more square feet,
which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein; except that such term shall
include a "mobile home" as defined in Subdivision a, Paragraph 5 of
New York Real Property Law § 233 and shall include a structure
which meets all the requirements of this subdivision, except the size
requirements, and with respect to which the manufacturer voluntarily
files a certification required by the Secretary of Housing and Urban
Development, as defined by New York Real Property Law § 233,
Subdivision a, Paragraph 4.
[Added 4-13-2000 by L.L. No. 1-2000]
MANUFACTURED HOME PARK
A contiguous parcel of privately owned land which is used
for the accommodation of three or more manufactured homes occupied
for year-round living, as defined by New York Real Property Law § 233,
Subdivision a, Paragraph 3.
[Added 4-13-2000 by L.L. No. 1-2000]
MOBILE HOME
See "manufactured home."
[Added 4-13-2000 by L.L. No. 1-2000]
PARK UNIT
The lot or space in any trailer park or camping trailer park
which shall be assigned to or used and occupied by any house trailer,
camping trailer or tent.
TEMPORARY RESIDENCE
A construction residence, emergency residence or agricultural
employee residence, as defined herein.
TRAILER
See "manufactured home."
[Added 4-13-2000 by L.L. No. 1-2000]
TRAILER PARK
Any lot, piece or parcel of ground defined by deed, which
has been designed and constructed to provide facilities and space
for rent to accommodate at least eight house trailers on a continuous
basis.
No person, firm or corporation being the owner
or occupant of any land or premises within the Town of Stanford shall
use or permit the use of said land or premises as a trailer park,
camping trailer park or temporary residence without first obtaining
a permit therefor as hereinafter provided.
The owner or operator of each trailer park or
camping trailer park shall keep a permanent record, in writing, of
all persons occupying or using the activities of such camp, which
record shall include the following:
A. Name and address of each occupant of each house trailer
or camping trailer.
B. Date of arrival at and departure from said trailer
park or camping trailer park of each trailer and each occupant of
each trailer.
C. Name and address of owner of each house trailer or
camping trailer.
D. Make, color and size of house trailer or camping trailer.
E. Registration year and number of each house trailer
or camping trailer and the state in which so registered.
F. Data plate information on HUD-approved mobile homes
qualifying as house trailers.
[Amended 4-13-2000 by L.L. No. 1-2000]
Any peace officer, police officer, Town Board
official, Building Inspector of the Town of Stanford or the Dutchess
County Department of Health Official shall have the right, at any
reasonable time, to enter any trailer park or camping trailer park
and shall have the right, at all times, to inspect all parts of said
premises and to inspect the records required to be kept in any trailer
park or camping trailer park.
[Amended 4-13-2000 by L.L. No. 1-2000]
If a peace officer, police officer, health official
or any authorized representative of the Town of Stanford finds that
any trailer park or camping trailer park is not being maintained in
a clean and sanitary condition or is not being conducted in accordance
with the provisions of this chapter, such facts shall thereupon be
reported to the Town Board, and said Town Board may direct the Town
Building Inspector to serve an order in writing upon the holder of
the permit or the person in charge of said park, directing the conditions
therein specified to be remedied within 10 days after the date of
service of such order. If such conditions are not corrected before
the expiration of said ten-day period, the Town Board may cause a
notice in writing to be served on the holder of said permit or the
person in charge of such trailer park or camping trailer park requiring
the holder of the permit to appear before the Town Board of the Town
of Stanford at a time to be specified in such notice and show cause
why such trailer park or camping trailer park permit should not be
revoked. The Town Board may, after a hearing at which testimony of
witnesses may be taken and the holder of the permit shall be heard,
or any attempt made to have such holder heard, revoke such permit
or apply measures provided for in the performance bond if said Town
Board shall find that said park is not being maintained in a clean
and sanitary condition or if it finds that any provisions herein have
been violated or for other sufficient cause. Upon the revocation of
a permit, the premises shall forthwith cease to be used for the purpose
of a trailer park or camping trailer park, and all house trailers
or camping trailers shall forthwith be removed therefrom. Service
of any order or notice under this chapter or section may be by certified
mail, return receipt requested, to the address listed on the permit.
Service shall be deemed to have been made when such order is mailed
or personally delivered to the holder of the permit or the person
in charge of the park.
[Amended 4-13-2000 by L.L. No. 1-2000]
Application for renewal of permits, if issued pursuant hereto or pursuant to previous regulations, must be filed, together with the necessary fees, with the Town Building Inspector's office on or before 45 days preceding the expiration of the permit. The application for the renewal shall be in writing and signed by the applicant and shall contain the same information as required by §
151-4A herein in the case of the original application for permit, except that such renewal application need not be accompanied by plan of the trailer park or camping trailer park unless an enlargement or decrease of the size of the park has been made since the last permit was issued, nor is it necessary that said renewal application be accompanied by the lease of the premises unless a new lease of the premises has been entered into subsequent to the time of filing the previous application, in which event a certified or photostatic copy of the lease shall be attached to the application for renewal. Upon approval of said application for renewal of the permit by the Dutchess County Health Department and the Town Planning Board, the Town Building Inspector shall issue a renewal permit, which shall become effective as provided herein for an original permit. Such renewal permit shall not be transferred or assigned. The applicant shall, at the time of issuance of said renewal permit, pay to the office of the Building Inspector the fee provided in §
151-4E.
The provisions herein shall apply to illegally established existing trailer parks or camping trailer parks located in the Town of Stanford on the effective date hereof. The owner or operator of such park shall have 90 days thereafter to make an application pursuant to §
151-4 for a permit to operate such park.
[Amended 9-13-1984 as L.L. No. 1984]
Any person committing an offense against the
provisions of this chapter shall be guilty of a violation under the
Penal Law and, upon conviction thereof, shall be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both.
The issuance of a trailer park, camping trailer
park or temporary residence permit pursuant to the provisions of this
chapter shall not be deemed to waive compliance by the holder thereof,
by the property owner or by any occupant of said premises with any
statute of the State of New York, local law or ordinance of the Town
of Stanford or any provision or regulation of the Dutchess County
Health Department.
Any person seeking a variance from the strict
letter of this chapter may make application therefor to the Town Board.
Upon such application the Town Board shall, when there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of the chapter, have authority to vary or modify the
application of such chapter so that the spirit of such chapter shall
be observed, public safety and welfare secured and substantial justice
done.