[HISTORY: Adopted by the Town Board of the
Town of Stanford 3-12-1981 as L.L. No. 3-1981. Amendments noted where
applicable.]
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:
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.
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.
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.
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.
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.
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.
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]
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]
See "manufactured home."
[Added 4-13-2000 by L.L. No. 1-2000]
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.
A construction residence, emergency residence or agricultural
employee residence, as defined herein.
See "manufactured home."
[Added 4-13-2000 by L.L. No. 1-2000]
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.
A.
Application for permit.
(1)
The application for each trailer park, camping trailer
park or temporary residence shall be in writing and signed by the
applicant. It shall state:
(a)
Name and address of the applicant.
(b)
Name and address of each partner if the applicant
is a partnership.
(c)
Name and address of each officer and director
if the applicant is a corporation.
(d)
Name and address of the superintendent who will
manage the park.
(e)
A complete description of the premises upon
which the proposed park is to be located.
(f)
The names and addresses of the owner or owners
of such premises.
(g)
The number of park units to be provided.
(h)
In detail, the reason for the need of a temporary
residence.
(2)
Applications for temporary residences shall be accompanied
by sufficient evidence to support the claimed hardship or need and
a scaled drawing showing the proposed location of the residence in
relation to roads, other structures, wells, septic systems and surface
waters within a two-hundred-foot radius of the proposed location.
(4)
Prior to approval, such application shall indicate
compliance by the applicant with the minimum requirements as established
by rules and regulations of the State Departments of Health and Environmental
Conservation, the Dutchess County Health Department and by the State
Sanitary Code and shall be accompanied by evidence of approval of
the Dutchess County Health Department, the Town Planning Board, the
Town Superintendent of Highways and the Town Conservation Commission.
(5)
Where the applicant is not the owner of the premises,
the application shall also be accompanied by a certified or photostatic
copy of the lease of the premises.
B.
Filing of application; fee.
(1)
The application shall be filed with the office of
the Building Inspector of the Town of Stanford at least 30 days prior
to the meeting of the Town Board at which said application will be
considered. The applicant shall legally advertise at least once in
a local newspaper the request indicated in the application in a manner
acceptable to the Town and provide the office of the Building Inspector
with proof of such advertisement.
[Amended 4-13-2000 by L.L. No. 1-2000]
(2)
The application for parks shall be accompanied by
an investigation fee of $300. Said $300 shall cover the required investigation,
but if a permit is subsequently issued, said sum shall be applied
on account of permit fees. The application for temporary residences
shall be accompanied by an investigation fee of $50, which fee shall
be applied in the same manner as for parks mentioned above.
(3)
If permits are not issued, such investigation fee
for parks and temporary residences shall be retained by the Town.
If a permit is issued the difference, if any, between the investigation
fee and the permit fee will be returned to the applicant.
(4)
The applicant shall appear at the Town Board meeting
when the application is considered. All such applications shall, after
investigation, be approved or rejected by the Town Board, after which
the application shall be filed with the office of the Building Inspector
and the applicant notified in writing by the Building Inspector of
the action taken thereon.
[Amended 4-13-2000 by L.L. No. 1-2000]
C.
Issuance of permit.
(1)
The Building Inspector of the Town of Stanford, upon
receipt of the written application duly considered by the Town of
Stanford Planning Board, Town of Stanford Highway Superintendent,
Town of Stanford Conservation Commission and the Dutchess County Department
of Health, and after approval by the Town Board and the receipt of
the fee hereinafter provided, shall issue a permit, valid for a period
of two years in the case of parks and one year for temporary residences,
which permit shall specify the number of park units which may be in
said park.
[Amended 4-13-2000 by L.L. No. 1-2000]
(2)
Such permit shall not be transferable or assignable
and shall be reissued upon application and upon payment of fees hereinafter
set forth, provided applicant is not in violation of any of the terms
and provisions hereof.
D.
Certificate of occupancy. No person shall occupy any
house trailer park unit, camping trailer park unit or temporary residence
until a certificate of occupancy has been issued by the Town Board.
(1)
Temporary residences. The certificate of occupancy
will be issued after the Town Board receives written evidence from
the Dutchess County Health Department showing compliance by the premises
with appropriate health regulations. The certificate of occupancy
will run concurrently with the permit.
(2)
Parks. Upon completion of park construction for initial
development or expansion, a New York State licensed professional engineer
shall certify in writing conformance of the as-built facility with
the plans and specifications previously approved by all regulating
authorities. When written approval for occupancy is given by other
authorities and a certified check or an acceptable performance bond
to ensure the prompt performance by the park owner in his response
to remedy conditions which threaten the health, safety or welfare
of the park tenants is deposited with the Town in the amount of $800
per trailer park unit or $400 per camping trailer park unit, the Town
Board will issue a certificate of occupancy, to run concurrently with
the permit.
E.
Permit fees. The applicant for a temporary residence
permit shall, at the time of issuance of any such permit, pay to the
office of the Building Inspector of the Town of Stanford a fee of
$10. The applicant for a house trailer park or camping trailer park
shall, at the time of issuance of any such permit, pay to the office
of the Building Inspector of the Town of Stanford a fee of $100 per
house trailer park unit or $20 per camping trailer park unit. If a
permit is to be issued, the investigation fee required under this
section will be returned to the applicant.
[Amended 4-13-2000 by L.L. No. 1-2000]
A.
Trailer park services and activities. Trailer parks
shall provide rental space with utilities, services and regulation
to provide a year-round functional, healthful, secure and visually
pleasing environment which may be occupied by house trailers in excess
of 500 square feet but not more than 1,000 square feet of floor area
in size and not to exceed 15 feet in height above grade, with kitchen
and bathroom facilities contained therein, which are occupied on a
continuous or part-time basis. Trailer parks must provide facilities
in accordance with the State Sanitary Code, Part 7-1.50, Mobile Home
Parks, and regulations of the Dutchess County Health Department. At
least 75% of all park units shall be available or in use by house
trailers which are occupied by their owners. Activities within the
boundaries of trailer parks shall be limited to those needed for only
a residential use of the park. No marketing of any item will be allowed.
A park superintendent shall be available within or adjacent to the
park at all times.
B.
Location of trailer parks. All trailer parks shall
be within the boundaries of a separate deed and shall not be established
on lands which would provide for a multiple use of the land. Parks
shall be established only on the more buildable soils having characteristics
which are designated as septically suitable and outside the areas
designated Conservation, Lake Recreation-Residential and Rural Center
as shown on the Town's Future Land Use Plan which is part of the Town's
adopted Comprehensive Master Plan. Locations selected for trailer
parks shall provide a sufficient amount of potable water, physically
demonstrated by test wells. At least four inches of organic topsoil
shall exist over the entire proposed park area.
C.
Performance standards for park design and operation.
(1)
Park unit density. The total number of park units
allowed shall be determined from the total land area comprising the
trailer park. For every 2 1/2 acres of trailer park area, one
park unit will be allowed to be placed within a cluster of park units.
(2)
Clusters. Park units shall be placed in clusters.
Each cluster shall contain eight to 12 units. Cluster boundaries shall
be at least 250 feet from property lines and 2,500 feet from school,
church and public buildings. The distance between the boundary lines
of clusters shall be at least 300 feet.
(3)
Clustering of units. Each park unit shall contain
an area of 15,000 to 19,000 square feet and such units shall be arranged
adjacent to each other and shall be serviced by a one-way loop road
providing complete and uninterrupted vehicular circulation through
or around each cluster. Each one-way loop cluster road shall be serviced
by a two-way road from an existing public road. Every unit in the
cluster shall border on the same edge of the one-way loop road and
shall have a minimum frontage of 70 feet along this edge. Each cluster
shall be positioned on natural slopes having a gradient between 3%
and 10%. Each cluster shall have within 200 feet of each park unit
a natural, well-drained multi-use recreation area of 2,000 square
feet for each park unit in the cluster. Five hundred square feet of
this area must be in a grassed clearing. The recreation area as well
as all other land within park boundaries shall be kept free of litter
and maintained by the park owner in a functional condition for which
it was intended.
(4)
Park unit configuration.
(a)
Trailer position.
[1]
Trailers without wheels and axles exposed shall
be anchored to full-perimeter, eight-inch-thick concrete or masonry
walls providing accessible crawl spaces under trailers. Walls shall
extend a maximum of 24 inches above and a minimum of three feet eight
inches below the final grade. All walls shall bear on concrete footings
in contact with virgin mineral soil.
[2]
Foundations for trailers shall not be installed
until a trailer is ready to be received on the park unit. Foundations
without trailers shall be mothballed within 30 days of being exposed.
Mothballing shall be accomplished when a four-foot-high visual screen
fence of durable construction is installed around the perimeter of
the foundation and the foundation interior is drained by gravity to
prevent the accumulation of water.
[3]
The trailer shall be positioned in the center
of the park unit and set back from the loop road edge a minimum distance
of 50 feet. The long dimension of the trailer shall be placed parallel
to the long dimension of the park unit. Entrance doors on each trailer
shall face toward the one-way road traffic whenever possible. Finished
grade at foundations shall be above or below the loop road edge height
not to exceed five feet for each 50 feet of the shortest horizontal
distance between the foundation and the road edge.
(b)
Accessory storage buildings shall be a maximum
of 80 square feet in floor area and nine feet in exterior height and
shall be anchored to a four-inch thick concrete slab. Buildings shall
be positioned at the extreme rear of the park unit and five feet from
the accessory storage building location of the adjoining park unit.
(c)
Parking. A maintained, drainable paved space
not exceeding an eight-percent grade, 30 feet wide by 35 feet deep
shall straddle the division line between units and abut the loop road
pavement. This space shall accommodate two operable noncommercial
vehicles, one for each park unit. All other operating vehicles shall
be parked in a central parking area specifically provided within the
trailer park. Vehicles which do not move and maneuver under their
own power shall be removed from the trailer park within one week after
being disabled.
(d)
Garbage pickup areas. A four-foot-high visual
screen of permanent construction shall be provided across the parking
area for park units, to provide 30 feet of parking depth from the
edge of road. The thirty-foot-by-five-foot strip remaining behind
this screen shall be used for storage of garbage for twice-a-week
pickup. Trailer occupants shall place ample flyproof metal containers
on this pavement, which shall be the only depository for garbage or
rubbish allowed. The area shall be kept clean and sanitary at all
times.
(e)
Patio areas. One open or enclosed area shall
be immediately adjacent to each trailer foundation and shall be no
larger than 150 square feet. Open but covered patio areas shall remain
open without walls on at least three of four sides. No open patios
will be allowed on park units where enclosed patios have been added.
Enclosed patio areas shall have no plumbing or heating.
(f)
Drainage. Each park unit shall be graded to
shed all surface water without causing flooding or erosion of the
park unit or adjacent lands while considering the intensity of rainfall
from a storm occurring once in 15 years. All surface water shall be
directed away from buildings and garbage pickup areas.
(g)
Marking of park units. The boundaries of each
park unit shall be adequately marked to provide permanent and immediate
identification.
(h)
Landscape of park units. Where possible, park
units should be established in lightly wooded areas. Healthy native
trees which pose no hazard shall be preserved. All other trees shall
be cut flush with the ground. Park units without trees shall receive
one planted tree per 3,000 square feet of park unit area and said
trees shall be maintained. Planted trees which do not survive shall
be replaced in the next appropriate season at the trailer park owner's
expense. Ample organic soil shall exist over the park unit area to
support ground cover vegetation or lawns. Areas disturbed during development
shall be planted in ground cover or lawn.
(5)
Utilities.
(a)
Upon development of cluster, utilities shall
be brought at least to park unit boundaries and terminated until trailers
are installed on the park units. All utilities except portable propane
shall be supplied through underground facilities throughout the trailer
park to each park unit trailer. Portable propane shall be supplied
in cylinders not exceeding a total storage capacity of 100 gallons
if used for heat, hot water and cooking, or 46 gallons if used for
hot water and cooking, or 23 gallons if used for cooking only. Installations
shall receive approval of the local Fire Department.
(b)
Water.
[1]
A water supply and distribution system owned
and operated by the park owner shall service each park unit within
the trailer park. Potable water of adequate supply and quality shall
be physically demonstrated to exist on the trailer park site through
test wells prior to approval of initial or additional park units.
[2]
Water pressure, supply, quality and facilities
shall conform to the appropriate requirements of the New York State
Sanitary Code and the Dutchess County Department of Health. When appropriate
requirements contain a provision to waive requirements for chlorination
of central potable water supplies, such provision shall be pursued
to avoid chlorination where possible. Water services to each park
unit trailer shall be buried at least four feet deep and shall rise
to service trailers in heated spaces within the perimeter trailer
foundations.
(c)
Sewerage. A central sewage collection, treatment
and disposal system owned and operated by park owners shall service
each separate cluster or all clusters within the park. Individual
collection, treatment and disposal on each park unit will not be allowed.
Where possible, collection systems shall be gravity sewers. All collection
systems shall be underground between freezeproof traps within the
trailer foundations and the treatment facility. All discharges, with
the exception of those which will meet applicable surface water classification
standards at the point of discharge, shall be discharged to the subsurface
through suitable soils and shall meet groundwater classification standards.
Surface discharges also meeting groundwater quality standards may
be discharged to the subsurface. Water classification and sewage collection,
treatment and disposal standards shall be the current standards adopted
by the New York State Department of Environmental Conservation or
the Dutchess County Department of Health. Appropriate portions of
the State Sanitary Code shall also apply.
(d)
Electrical and telephone distribution and service.
[1]
Distribution. Electrical and telephone underground
facilities shall be provided throughout the park in accordance with
the current standards of the appropriate utility company.
[2]
Service. Underground electric service shall
be provided from the distribution system to the trailer in accordance
with the most recent edition of the National Electrical Code. Underground
telephone service shall be provided from the distribution system in
accordance with the standards of the local telephone company.
(e)
Television cable systems. Television reception
through small and simple individual antenna facilities shall be physically
demonstrated by avoid the requirement of a central television antenna
provided by this subsection. In event reception through simple antenna
facilities cannot be achieved, a central television antenna servicing
each or all clusters shall be constructed along, with shielded underground
conductors to each park unit trailer foundation to provide adequate
television reception.
(6)
Roads and parking areas.
(a)
The park owner shall construct and maintain
his own roads and parking areas to remain in private ownership and
to provide for safe passage and storage of vehicles between public
roads and park units.
(b)
Alignment. Horizontal and vertical alignment
of roads shall be designed for stopping, passing and turning sight
distances for fifteen-mile-per-hour (maximum allowable speed) passenger
vehicle traffic. Alignment of roads and parking areas shall be designed
to fit the natural terrain to accomplish minimum cuts and fills. Adequate
turning radii shall be available to accommodate service and emergency
vehicles. Private roads shall perpendicularly intersect public roads
providing grade, drainage and sight distances acceptable to the authority
having jurisdiction over the public road. One-way loop roads shall
begin and end at two-way roads and shall service all park units in
a cluster, while two-way roads shall supply access from the public
road to and between but not through clusters. Two-way road center
lines shall be at least 150 feet from clusters and 50 feet from property
lines.
(c)
Drainage shall be provided through a gravity
system of ditches, swales and culverts to properly drain base courses
of pavements and surface waters from a fifteen-year storm. Collected
water shall be adequately dispersed when being discharged to prevent
flooding and erosion. The minimum gradient for drainage shall be 1%.
The natural drainage pattern of the parkland shall not be altered
at its borders.
(d)
Pavements and bases shall be designed and constructed
in accordance with one of the several options contained in the fourth
or later printing of The Asphalt Handbook, Chapter XIII, Paved Parking
Areas and Driveways, Sections A and C, as published by the Asphalt
Institute, College Park, Maryland. A copy of these recommendations
is on file in the Stanford Town Clerk's office. Pavement width for
one-way loop and two-way roads shall be 16 feet and 20 feet respectively.
(e)
Traffic control markings and signs should be
provided in accordance with the Manual of Uniform Traffic Control
Devices, a New York State Department of Transportation manual.
(f)
Central parking areas shall be provided within
the park for parking of additional operating passenger or operating
commercial vehicles. Areas shall be paved on a gradient of between
2% and 8% and shall provide 160 square feet of parking area for each
park unit. Parking areas shall be in secure locations at least 200
feet from a park unit cluster and 100 feet from property lines.
(g)
Maintenance.
[1]
Drainage systems should be maintained free from
obstruction to flow which would reduce the capacity intended in the
approved design.
[2]
Pavements. Potholes and other pavement failures
should be repaired as they occur. Snow removal, ice control, sand
removal or any other condition which may be hazardous should be immediately
improved by the park owner to provide safe vehicular passage.
[3]
Markings and signs should be maintained in a
functional condition to promote safety and convenience.
(7)
Operations area.
(a)
Park superintendent quarters. Every park shall
have live-in quarters available for a full-time, always-on-duty superintendent.
The quarters may be a house trailer, as defined in this chapter, or
a house separate from a cluster but serviced by central utilities
or a house located no more than 500 feet from the park boundary.
(b)
Storage and maintenance buildings shall be one
story, having a maximum area of 20 square feet per park unit, and
used only for operations involving the residential use of the park.
Buildings shall be at least 200 feet from a cluster and 200 feet from
property lines.
(8)
Signs. Directional signs should be provided along
private roadways to promote safety and convenience. Entrance signs
identifying the trailer park shall be no larger than 25 square feet
each side, be less than 10 feet in height and be approved by the Planning
Board.
(9)
Playground equipment. Each cluster shall contain a
play slide and three swings in the multi-use recreation area specified
for clusters or such other equipment deemed appropriate under the
site plan review.
(10)
School bus pickup and mail delivery. A paved
area adjacent to a public road shall be provided and deeded to the
owner of the public right-of-way if school buses and or mail carriers
are restricted by school and/or postal authorities from using the
private park roads. Mailboxes shall be provided and maintained by
the park tenant at the edge of these paved areas.
(11)
Environmental impact. Development shall have
the least possible impact on the environment and such impact shall
be demonstrated through an environmental assessment and or an environmental
impact statement in accordance with the State Environmental Quality
Review Act (SEQRA).[1]
[1]
Editor's Note: See ECL § 8-0101
et seq.
D.
Site plan review.
(1)
The services, activities, location and performance
standards for trailer parks outlined above will be incorporated into
the design and operational plan for such parks. Operating plans, design
drawings and specifications and environmental assessments and statements
shall be submitted for review and, if necessary, revised to address
the concerns of the various reviewing authorities.
(2)
Such operating plans, design drawings and specifications
and environmental assessments and statements shall first be submitted
to the Planning Board for its review, approval and recommendation.
In addition to the above to be submitted, the Planning Board may require
additional elements, which may include those relating to parking,
means of access, screening, signs, landscaping, architectural features,
location and dimension of buildings, impact of the proposed use on
adjacent land uses and such other elements as may reasonably be related
to the health, safety and general welfare of the community.
(3)
The Planning Board, in its function, shall comply
with § 274-a of the Town Law and as soon as reasonable forward
its recommendation to the Town Board.
(4)
Plans and specifications shall be developed by and
bear the seal of a professional engineer duly licensed by the State
of New York.
E.
Operations: garbage and litter. The park owner shall
supply services for the sanitary pickup, removal and disposal of garbage,
rubbish, trash, litter and other undesirable matter which accumulates
within the park boundaries. Garbage, rubbish and trash shall be picked
up and removed twice weekly. Litter and other undesirable matter shall
be picked up and removed when noticed.
F.
Maintenance of open space. The open space within the
park outside of park unit areas shall be preserved in a natural state.
No activity which will alter these areas shall be allowed without
the written approval of the Town Board.
A.
Camping trailer park services and activities.
(1)
Camping trailer parks shall provide rental space for
occupied camping facilities for no more than eight months per year
with services and regulation to provide a temporary functional, healthful,
secure and visually pleasing environment which may be occupied by
camping trailers up to 30 feet long or tents up to 150 square feet
in area. Camping trailer parks must provide facilities in accordance
with the most restrictive regulation of the Dutchess County Health
Department or the New York State Sanitary Code, Part 7-1.60, regulating
travel vehicle parks and campsites.
(2)
Activities within the boundaries of the camping trailer
parks shall be limited to those needed for recreational enjoyment
of the natural environment. No marketing of any item, with the exception
of convenience items for campers, will be allowed.
(3)
A park superintendent shall be available within or
adjacent to the park at all times during the allowed period of park
occupancy between April 1 and December 1.
B.
Location of camping trailer parks. All camping trailer
parks shall be within the boundaries of a separate deed and shall
not be established on lands which would provide for a multiple use
of the land. Parks shall be established only on the more buildable
soils having characteristics which are designated as septically suitable
and outside of the areas designated Conservation, Lake Recreation-Residential
and Rural Center as shown on the Town's Future Land Use Plan which
is part of the Town's adopted Comprehensive Master Plan entitled "A
Plan for Environmentally Sound Growth." Locations selected for camping
trailer parks shall provide a sufficient amount of potable water as
physically demonstrated by test wells. At least four inches of organic
topsoil shall exist over the entire proposed park area.
C.
Performance standards for camping park design and
operation. Performance standards for camping trailer parks shall be
the same as for trailer parks except as follows:
(1)
Park unit density. For every one and one-fourth (1/4)
acres of camping trailer park area, one park unit will be allowed
to be placed within a cluster of park units.
(2)
Clustering of units. In the clustering of park units,
a minimum frontage of 35 feet along the loop road edge shall be provided.
(3)
Park unit configuration.
(a)
Trailer position shall read trailer pad. Finished
grade of pad shall be above or below the loop road edge a height not
to exceed five feet for each 50 feet of the shortest horizontal distance
between the pad and the road edge. Pad shall be surfaced with at least
eight inches of fine stable run-of-bank gravel.
(b)
Accessory storage buildings. Not applicable.
(c)
Parking. Pavement is not required, but a space
20 feet square of stable material shall be provided adjacent to the
loop road for each unit, not necessarily next to the adjoining unit.
(d)
Garbage pickup areas. For twice a week pickup,
camping trailer park owners shall place ample fly-proof metal containers
on each park unit, which shall be the only depository for garbage
or rubbish allowed. The area and containers shall be kept clean and
sanitary at all times.
(e)
Patio areas. Not applicable.
(4)
Utilities.
(a)
Utilities directly serving park units are optional
and shall be brought to approved connecting facilities meeting the
appropriate requirement of health regulation and Electrical Codes.
All utilities except portable propane and electric shall be supplied
through underground facilities throughout the camping trailer park.
Portable propane may be stored in cylinders mounted on camping trailers
not exceeding a total storage capacity of 23 gallons. One propane
cylinder of one-hundred-gallon capacity may service each permanent
park building.
(b)
Water. A central water supply and distribution
system owned and operated by the park owner shall service park units
and/or water spigots and/or toilet and shower buildings within the
camping trailer park. Potable water of adequate supply and quality
shall be physically demonstrated to exist on the camping trailer park
site through test wells prior to approval of initial or additional
park units. Water pressure, supply, quality and facilities shall conform
to the appropriate requirements of the New York State Sanitary Code
and the Dutchess County Department of Health. When appropriate requirements
contain a provision to waive requirements for chlorination of central
potable water supplies, such provision shall be pursued to avoid chlorination
where possible.
(c)
Sewerage. An optional central sewage collection,
treatment and disposal system owned and operated by park owners shall
service each separate park unit if any or all park units are to have
this service. In the event no central system is provided, individual
collection, treatment and disposal for each toilet and shower building
shall be provided, to conform to the State Sanitary Code and the Dutchess
County Department of Health. Where possible, collection systems shall
be gravity sewers. All collection systems shall be underground between
points of collection and the treatment facility. All discharges, with
the exception of those which will meet applicable surface water classification
standards at the point of discharge, shall be discharged to the subsurface
through suitable soils and shall meet groundwater classification standards.
Surface discharges also meeting ground-water quality standards may
be discharged to the subsurface. Water classification and sewage collection,
treatment and disposal standards shall be the current standards adopted
by the New York State Department of Environmental Conservation or
the Dutchess County Department of Health. The more stringent standards
shall apply.
(d)
Electrical and telephone distribution and service.
Electric and telephone distribution and service may be aerial in lieu
of being placed underground. Poles and conductors shall be run in
the least conspicuous locations in accordance with local utility standards
or the National Electrical Code.
(e)
Maintenance buildings. In addition to a maintenance
building, a park store-office used only for operations involving the
recreational use of the park may be constructed. The area and height
restriction for the maintenance building shall apply to the park store-office.
Dispensing of gasoline will not be allowed
(f)
Garbage transfer area. An area to place flyproof,
tight metal containers, to hold garbage received from daily collection
until transport to an approved landfill, shall be provided 200 feet
from clusters and property lines. The area shall be kept sanitary
at all times.
(5)
School bus pickup and mail delivery. Not applicable.
D.
Operations: garbage and litter. The park owner shall
supply service for the sanitary pickup, removal and disposal of garbage,
rubbish, trash, litter and otherwise undesirable matter which accumulates
within the park boundaries. Garbage, rubbish and trash shall be picked
up and removed daily. Litter and other undesirable matter shall be
picked up and removed when noticed.
E.
Maintenance of open space. The open space within the
park outside of park unit areas shall be preserved in a natural state.
No activity which will alter these areas shall be allowed without
the written approval of the Town Board.
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.
A.
No structure or mobile home resembling or meeting
part or all of the definition in this chapter for a house trailer
or camping trailer shall be parked or placed within the Town of Stanford
and outside of a duly licensed trailer park except as follows:
(1)
Construction residence. An owner of land located within
the Town of Stanford and who intends in good faith to construct a
dwelling thereon for his own occupancy, after compliance with all
the provisions of this chapter and the payment of any fees as set
forth in this chapter, may be granted a permit to park or place a
house or camping trailer on said land during the construction of said
dwelling house, but not to exceed the period of one year. Such permit
may be extended by the Town of Stanford Town Board, after approval
of the Planning Board, for an additional period of one year. Any further
extension which may be granted by the Town of Stanford Town Board
must be done after extraordinary circumstances demonstrate that considerable
hardship would ensue should such an extension be denied.
(2)
Agricultural employee residence. Unless preempted
by other state or federal laws, a Town of Stanford farmer shall, after
compliance with the provisions of this chapter and payment of fees
as set forth in this chapter, be granted a permit to park or place
a house trailer within the boundaries of the farm presently operated
by the said farmer, provided such house trailer site is part of the
farm property and provided the following conditions are met:
(a)
Said house trailer shall be located in such
a place on the said farm that observation of said trailer is minimum
by adjoining property owners. More than one mobile home per farm is
permitted by this chapter; however, separate applications and applicable
fees for each unit are required.
(3)
Emergency residence. The placement of individual house
trailers may be allowed by permit when the Town Board, with the advisement
of the Planning Board, finds that unusual or unforeseen circumstances
necessitate the establishment of aid emergency residence either to
overcome hardships such as those encountered by a family which has
lost its home because of fire or natural disaster or to provide additional
living space for aged and or medically indigent persons who need to
be housed in close proximity to relatives who can provide necessary
care, or to provide on-site accommodations for persons who must be
housed close to an aged or medically indigent family member requiring
their care. Issuance of a permit for such housing shall be subject
to the following conditions:
C.
A house trailer, to be eligible for temporary housing,
must meet the requirements for house trailers defined herein; except
camping trailers may be used for construction residences.
A.
Legally established trailers established prior to the date of this chapter shall comply with permit renewals in § 151-10. No other provision of this chapter or any amendments thereto shall be applicable to any house trailer parked outside a duly licensed trailer park on or before the effective date hereof, except for trailers which are moved from one part of a given premises to another. Said trailers, upon being moved, shall be subject to all the provisions of this chapter or any amendments thereto.
B.
Existing house trailers located outside a trailer
park may be transferred or sold for continued use of said house trailer
and may not be subject to the provisions of this chapter or any amendments
thereto. Should, however, a lot or acreage having previously supported
an occupied trailer cease to do so for a one-year period, all provisions
of this chapter and any amendments thereto shall apply to any subsequent
house trailer proposed to occupy said lot or acreage.
C.
It will be permitted under this chapter to upgrade,
by replacement, an existing trailer located outside a trailer park
as long as there is no substantial delay in placing said upgraded
trailer and there is no substantial change in the position of the
upgraded trailer with regard to adjacent property lines. Recommendation
for approval of the upgrade plan by the Town Planning Board is required.
D.
Land on which legally established house or camping
trailers reside prior to the effective date of this chapter shall
not be subdivided unless each trailer lot contains 21,875 square feet
in area and has more than 100 feet of frontage on a public highway.
The trailer shall be set back at least 75 feet from the public right-of-way
and 50 feet from side or rear property lines. In compliance with this
chapter, the subdivision must receive the approval of the Dutchess
County Health Department.
A.
None of the provisions of this chapter shall be applicable
to the storage or garaging of camping trailers not being used for
living or sleeping purposes and contained within a building or structure,
or to the storage of one unoccupied camping trailer on premises owned
by the owner of such trailer; provided, however, that such unoccupied
trailer shall be parked only in the rear of such dwelling on the premises.
B.
None of the provisions of this chapter shall be applicable
to a house trailer or camping trailer located on the site of a nonresidential
construction project, survey project or other similar work project
and used solely as a field office or work- or toolhouse in connection
with such project, provided such trailer is removed from said site
within a reasonable time after the completion of such project.
[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.