Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 11-6-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
Building construction — See Ch. 54.
Buildings, unsafe — See Ch. 60.
Electrical inspections — See Ch. 82.
Flood damage prevention — See Ch. 92.
Zoning — See Ch. 195.
This chapter shall be known and may be cited as the "Mobile Home Court Local Law Number 1 of the Town of Wawayanda."
The purpose of this chapter is to regulate the maintenance of mobile home courts within the Town of Wawayanda and to prescribe regulations for said courts and to require that all mobile home courts within the Town of Wawayanda be laid out and constructed in accordance with approved plans.
As used in this chapter, the following terms shall have the meanings indicated:
A permanent trailer foundation which shall be capable of sustaining safely the weight to which it will be subjected, without undue differential settlement, unsafe deformation or movement of the trailer caused by freezing and thawing, dampness, corrosion, wetting and drying as well as termites and other destructive insects. Minimum components shall be a four-inch-thick reinforced concrete slab with a skirt, both to be equal to the length and width of the mobile home. Anchors and tie-downs shall be placed on at least each corner of the mobile home stand, and each shall be able to sustain a minimum tensile strength of 2,800 pounds. This does not apply to camping sites.
A transportable one-family dwelling equipped for year-round occupancy and containing the same water supply, waste disposal, heating and electrical convenience as immobile housing.
Any area of land occupied by two or more mobile homes that are used, designed for use or capable of being used as living or sleeping quarters.
The space which shall be assigned or used and occupied by any one mobile home.
No person, firm or corporation shall own or operate a mobile home court without a permit, obtained as herein provided, and failure to have such a permit constitutes a violation of this chapter.
A mobile home court shall be allowed only upon authorization of the Planning Board, or Town Board, if applicable, and only in those zoning districts where such use is permitted or, in the event that said zoning districts have not been established, then in those areas so designated by the Town Board.
Mobile home court permits shall not be transferable or assignable.
After issuance of the permit, the same shall be valid only until the end of the calendar year and shall be renewable annually upon proof of compliance with the provisions of this chapter and other applicable municipal regulations.
[Added 12-27-1991 by L.L. No. 6-1991]
In accordance with the provisions of § 114-4, the Town Board of the Town of Wawayanda hereby designates the following zones as areas within which mobile home courts will be permitted:
Any PD, SR or ER Zone located north of Route 6 as the same crosses the Town of Wawayanda.
The entrance to any mobile home court located in any of the zones referenced above must be within 2,500 feet of a state or county highway.
Applications for a mobile home court permit shall be filed with the Building Inspector, who shall submit the same to the Planning Board, or Town Board, if applicable, for appropriate action. After approval by the Planning Board, or Town Board, if applicable, the plans and the recommendations of the Planning Board, or Town Board, if applicable, will be referred by the Planning Board, or Town Board, if applicable, to the Town Board for final approval. After approval by the Town Board, the Building Inspector shall issue a permit upon receipt of the required fee.
Application for a mobile home court permit shall be in writing, signed by the applicant, and shall state the name and address of the applicant, or applicants if a partnership, or the names and addresses of each officer and director if a corporation, the interest of the applicant in the property if not the owner of record, and the name and address of the property owner and such owner's consent to this application. The application shall be filed in triplicate and include a site plan drawn to a suitable scale by an architect or professional engineer licensed by the State of New York. Said site plan shall indicate the following information:
The location of the proposed mobile home court, showing the boundaries and measurements of the premises, and the location and number of mobile homes to be situated therein.
The means of egress and ingress to all public roads.
Watercourses, drainage ditches and other storm drainage piping and structures, with a storm drainage report.
Internal roads and off-street parking facilities.
The water supply and sewage disposal facilities, which shall be designed and certified by a licensed New York State professional engineer to meet requirements set forth by the State of New York.
Firesafety provisions.
Fences and screening.
The location of outdoor lights, signs and other structures.
The names of the owners of adjoining properties.
Existing environmental factors.[1]
Editor's Note: See Ch. 162, Subdivision of Land, and Ch. 195, Zoning, particularly § 195-38, Mobile home regulations.
Any other specific information that may be reasonably required by this Board for the particular application.
State Environmental Quality Review Act compliance.[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
Upon determination that appropriate information is shown on the site plan, the Planning Board, or Town Board, if applicable, will hold a public hearing prior to making any recommendations to the Town Board. All owners within 300 feet, or such additional distances as the Planning Board, or Town Board, if applicable, may deem advisable, must be notified.
A mobile home court site shall contain not less than 25 acres and no more than 50 acres. No mobile home court shall adjoin any existing mobile home court perimeter. No portion of any proposed parcel shall be within 1/2 mile of another existing or proposed court. The entire parcel must be located within one mile of a county or state road.
Each mobile home lot shall contain at least 10,000 square feet and be not less than 80 feet wide.
A mobile home court site shall have at least 300 feet of frontage on an improved public road which is a state, county or town road. Each mobile home lot will have at least an eighty-foot frontage on an internal access street.
The site shall be well-drained, have such grades and soil as to make it suitable for the purpose intended and have an adequate stormwater drainage collection, piping and drainage system.
Sewage disposal and water supply systems shall have the approval of the New York State Departments of Health and Environmental Conservation and/or any such similar local municipal approval, whichever is the more restrictive. Such systems shall be designed, laid out in the field, inspected and certified as meeting requirements set forth by the State of New York by a professional engineer licensed by New York State.
Each mobile home shall be provided with an adequate concrete or similar type walkway from the parking area to each mobile home. The base of each mobile home shall be enclosed with suitable material approved by the Planning Board, or Town Board, if applicable. No mobile home shall be less than 30 feet from any other mobile home. Each mobile home lot shall have a lot depth of at least 125 feet, a front yard of at least 20 feet, two side yards of at least 15 feet each and a rear yard of at least 35 feet and have at least 720 square feet of internal living space per dwelling unit of mobile home floor area.
There shall be no more than two uninhabited units at one time, including offices, located on site.
Each mobile home site shall provide suitable connections to approved central sewage and water supply systems.
The outside burning of garbage, trash or rubbish is prohibited.
The developer will schedule two garbage pickups per week and will ensure pickup. The developer will provide a permanent covered can enclosure, to be located next to the driveway and easily accessible to collection. All such enclosures will be uniform in their location as it relates to the driveway and the lot. All refuse shall be stored in flytight, watertight, rodent-proof garbage cans.
All mobile homes and any other structures related thereto shall be set back at least 40 feet from the right-of-way of any public street which is a state, county or town road and at least 50 feet from perimeter property lines.
Access to a mobile home court from a public street shall be provided by at least two connections each with twenty-four-foot-wide pavement at least 100 feet into park property, a minimum of 30 feet wide and provided with a paved surface that meets Planning Board, or Town Board, if applicable, approval.
Two dustless surface off-street parking spaces shall be provided for each mobile home lot, which may be permitted in the front yard of said lot. There will be no parking on the street.
All means of egress, interior access, streets and public spaces shall be suitably lighted.
One nonflashing illuminated sign containing an area not more than 32 square feet and located not more than 10 feet above ground level at its highest point may be displayed. Such sign shall be set back at least 10 feet from any public road and at least 50 feet from all other property lines or in such location as would not impair the sight distance of access connections.
All mobile home courts shall be screened from the view of adjacent properties and public streets by peripheral landscaping containing hedges, evergreens, shrubbery, fencing or other suitable screening as approved by the Planning Board, or Town Board, if applicable, and deemed appropriate for the purpose, with a minimum of five-foot-high plants, double row, staggered eight feet on center with rows eight feet apart. The planted buffer area shall be maintained by the owner of the court.
All utilities are to be underground.
Such firesafety standards as shall be appropriate for the development shall be established.
Each mobile home shall have a foundation. (See the definition of "foundation").
A recreation area shall be set aside, which cannot be located in the buffer zone: 5% of total area, with a minimum of one acre.
No exterior public address systems are allowed.
Application fee. As part of its application for approval, the applicant for a mobile home court permit shall pay an application and review fee computed at the rate of $50 per mobile home lot, based upon the maximum number of proposed mobile home lots as approved by the Planning Board, or Town Board, if applicable. Said application shall be based upon the number of proposed lots presented by the applicant for approval. Said amount shall be nonrefundable and shall be payable upon submission of the proposed site plan by the applicant. Upon arrival of the site plan, the applicant shall pay the balance of the fee based upon a rate of $50 per approved unit, as reduced by the amounts paid at time of application.
Renewal fees. The fee for the annual renewal of the permit shall be $1,000, plus $20 per approved mobile home lot.
The Building Inspector or any other duly authorized agent of the Town of Wawayanda shall have the right at any reasonable time to enter any mobile home court to inspect all parts of said premises and to inspect the records required to ensure compliance with this chapter. There shall be at least one inspection per year at the time of annual permit renewal.
If the Building Inspector or any other duly authorized agent of the Town of Wawayanda finds that any mobile home court operation is not being conducted in accordance with the provisions of this chapter, such person shall serve an order in writing upon the holder of the mobile home court permit, or the person in charge of said court, directing that the conditions therein specified be remedied within 10 days after the due date of service of such order.
If such conditions are not corrected by the close of said ten-day period, said conditions shall constitute a violation of this chapter.
[Amended 4-8-1993 by L.L. No. 2-1993]
For each and every separate violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both, for each and every separate offense.
Each and every week that any such violation continues shall constitute a separate offense.
Conviction for any violation of this chapter shall constitute and effect an immediate forfeiture of the permit.
Renewal applications shall be filed with the Building Inspector before the first day of November next preceding the expiration of the original permit.
Prior to the issuance of a renewal permit, the Building Inspector shall inspect the mobile home court premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board, or Town Board, if applicable, unless corrected to comply with the original approved site plan within 45 days, shall require an amended application before the Planning Board, or Town Board, if applicable, and payment of required fees, and shall be in conformance with these regulations.
Upon approval of the Building Inspector or the Planning Board, or Town Board, if applicable, as the case may be, and payment of the required fee, a renewal permit shall be issued.
This chapter, except for § 114-7N, O and R hereof, shall not apply to existing mobile home courts on the effective date of this chapter, and such existing mobile home courts will be considered nonconforming uses. Such existing mobile home courts shall comply with the above sections within three years of adoption of this chapter. Any enlargement, extension or alteration of an existing mobile home court may be made only in compliance with all the terms of this chapter.
Mobile home courts existing on the effective date of this chapter may continue to operate and shall continue to be subject to the provisions of the ordinance of 1969 entitled "Regulating the operation of mobile home courts within the Town of Wawayanda."[1]
Editor's Note: Said ordinance was superseded by this chapter.