[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 11-6-1986 by L.L. No. 1-1986. Amendments noted where
applicable.]
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.
A.
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.
B.
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.
C.
Mobile home court permits shall not be transferable
or assignable.
D.
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]
A.
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:
(1)
In that portion of the AR Zone located north of Route
6 as the same crosses the Town of Wawayanda.
[Amended 3-4-2021 by L.L. No. 2-2021]
B.
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.
A.
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.
B.
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:
(1)
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.
(2)
The means of egress and ingress to all public roads.
(3)
Watercourses, drainage ditches and other storm drainage
piping and structures, with a storm drainage report.
(4)
Internal roads and off-street parking facilities.
(5)
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.
(6)
Firesafety provisions.
(7)
Fences and screening.
(8)
The location of outdoor lights, signs and other structures.
(9)
The names of the owners of adjoining properties.
(11)
Any other specific information that may be reasonably
required by this Board for the particular application.
C.
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.
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.
B.
Each mobile home lot shall contain at least 10,000
square feet and be not less than 80 feet wide.
C.
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.
D.
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.
E.
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.
F.
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.
G.
There shall be no more than two uninhabited units
at one time, including offices, located on site.
H.
Each mobile home site shall provide suitable connections
to approved central sewage and water supply systems.
I.
The outside burning of garbage, trash or rubbish is
prohibited.
J.
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.
K.
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.
L.
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.
M.
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.
N.
All means of egress, interior access, streets and
public spaces shall be suitably lighted.
O.
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.
P.
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.
Q.
All utilities are to be underground.
R.
Such firesafety standards as shall be appropriate
for the development shall be established.
S.
Each mobile home shall have a foundation. (See the
definition of "foundation").
T.
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.
U.
No exterior public address systems are allowed.
A.
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.
B.
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.
A.
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.
B.
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]
A.
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.
B.
Each and every week that any such violation continues
shall constitute a separate offense.
C.
Conviction for any violation of this chapter shall
constitute and effect an immediate forfeiture of the permit.
A.
Renewal applications shall be filed with the Building
Inspector before the first day of November next preceding the expiration
of the original permit.
B.
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.
C.
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.
A.
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.
B.
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]
[1]
Editor's Note: Said ordinance was superseded
by this chapter.
