This chapter shall be known as "Local Law No. 1-1974 of the
Town of Schaghticoke, Rensselaer County, New York."
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings ascribed to them in this section:
MOBILE HOME
A movable or portable year-round living unit designed and
constructed to be towed on its own chassis, connected to utilities,
with or without a permanent foundation. "Mobile home" shall mean a
unit designed to be used exclusively for residential purposes.
MOBILE HOME LOT
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
and its occupants.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used as dwellings
and for occupancy of more than 90 consecutive days.
MOBILE HOME STAND
A durable surface located on a mobile home lot which is to
be used for the placement of and capable of supporting a mobile home.
No person, partnership, association or corporation, being the
owner or occupant of any land within the Town of Schaghticoke, shall
use or allow the use of such land for a mobile home park unless a
license has been obtained as herein provided.
A. Issuance of license.
(1) The Town Code Enforcement Officer of the Town of Schaghticoke shall
issue a license, to be effective from the date of issuance for a period
of one year.
(2) No license will be issued until the Town Clerk has received:
(a)
A written application from the applicant.
(b)
The required fee as herein provided.
(c)
Approval of the application by the Rensselaer County Department
of Health (or the New York State Department of Health District Office).
(d)
Approval by the Town Code Enforcement Officer.
(e)
A resolution from the Town Board approving the issuance of the
license.
(3) No license shall be transferable or assignable.
B. Supplemental license.
(1) Any person holding a license for a mobile home park and desiring
to add additional lots to such park shall file an application for
a supplemental license.
(2) The application for such supplemental license must be accompanied by three sets of plans and specifications as required by §
89-6. The application for a supplemental license shall be filed and handled according to the procedure established in this section.
(3) When approved according to the provisions of Subsection
A(2) and upon the receipt of the required fee, the Town Code Enforcement Officer shall issue a supplemental license, which will be effective from the date of issuance for a period of one year.
C. License renewal.
(1) An application for the renewal of any mobile home park license which
was issued in accordance with the provisions of this chapter must
be filed with the Town Clerk on or before the first day of the month
preceding the expiration of the license.
(2) The renewal application shall not be accompanied by a plan of the
park unless changes have been made to it.
(3) Upon the approval of the Town Code Enforcement Officer and by resolution
of the Town Board, the Town Code Enforcement Officer shall issue a
renewal license, to be effective upon the expiration of the previous
license and continue in force for a period of one year.
(4) At the time the renewal license is issued, the applicant shall pay
the required fee.
(5) No renewal license shall be transferable or assignable.
D. License fees.
(1) The applicant shall pay the Town Clerk an annual fee equal to the
sum of $25 plus $1 multiplied by the number of mobile home lots authorized
by the license.
(2) The minimum fee to be paid shall be $35.
(3) The fee for a supplemental license shall be computed at the rate
of $1 per lot.
Each application shall be accompanied by three complete sets
of plans which are prepared by a surveyor, engineer or other qualified
person. The plans shall be drawn to a scale of 20, 40 or 50 feet to
one inch; shall include the date, North point and scale; and shall
furnish the following information:
A. Legal data.
(1) The name and address of the applicant or the name and address of
each partner if the applicant is a partnership; or the name and address
of each officer and director if the applicant is an association or
corporation.
(2) The description of land that is proposed to be used as a mobile home
park, together with a map showing its location in the town.
(3) The number of lots to be provided in such park.
B. Physical features.
(1) Contours at two-foot intervals.
(2) Location of watercourses, marshes and areas subject to flooding.
C. Existing development.
(1) A location map which shows all land within 300 feet of the proposed
park and all structures on the land which abuts the proposed park.
(2) The location, names and widths of all adjacent streets.
(3) The location of all waterlines and utilities within and adjacent
to the proposed site.
D. Proposed development.
(1) The location and widths of all entrances, exits, streets and walkways.
(2) The location, size and arrangement of each lot within the park.
(3) The method and plan for electric lighting.
(4) The location and plan of all proposed structures and improvements.
(5) Any proposed grading and plans for landscaping.
(6) Any proposed stormwater drainage.
(8) Any public improvements proposed by the town in or adjoining the
proposed park.
The following requirements shall be applicable to mobile home
parks:
A. Site.
(1) The park shall be located in areas where grades and soil conditions
are suitable for use as mobile home sites.
(2) The park shall be located on a well-drained site which is properly
graded to ensure rapid drainage and be free at all times from stagnant
pools of water.
(3) The park shall be free from heavy or dense growth of brush and woods.
(4) The park shall be no less than two acres nor more than five acres
in size, with a minimum of 100 feet of frontage on a public road.
(5) The park shall be located no less than one mile distant from the
nearest boundary line of any other mobile home park.
[Added 7-12-1989 by L.L. No. 1-1989]
B. Mobile home lot.
(1) Each mobile home park shall be marked off into mobile home lots.
(2) The total number of mobile home lots in a mobile home park shall
not exceed five per gross acre.
(3) Each mobile home lot shall have a total area of not less than 6,000
square feet with a minimum dimension of 60 feet.
C. Mobile home placement.
(1) Any mobile home shall not be parked or otherwise located nearer than
a distance of:
(a)
At least 30 feet from an adjacent mobile home in any direction.
(b)
At least 50 feet from an adjacent property line.
(c)
At least 100 feet from the right-of-way line of a public street
or highway.
(d)
At least 10 feet from the nearest edge of any roadway location
within the park.
(2) Only one mobile home shall be permitted to occupy any one mobile
home lot.
D. Mobile home stand.
(1) Each mobile home lot shall have a mobile home stand which shall provide
for the practical placement on and removal from the lot of both the
mobile home and its appurtenant structures and the retention of the
home on the lot in a stable condition.
(2) The stand shall be of sufficient size to fit the diminsions of the
anticipated mobile home and its appurtenant structures or appendages.
(3) The stand shall be constructed of an appropriate nonporous material
which is durable and adequate for the support of the maximum anticipated
loads.
(4) The stand shall be suitably graded to permit rapid surface drainage.
E. Accessibility.
(1) Each mobile home park shall be easily accessible from an existing
public highway or street.
(2) Where a mobile home park has more than 16 mobile homes, two points
of entry and exit shall be provided, but in no instance shall the
number of entry and exit points exceed four.
(a)
Such entrances and exits shall be designated and strategically
located for the safe and convenient movement into and out of the park
and to minimize friction with the free movement of traffic on a public
highway or street.
(b)
All entrances and exits shall be at right angles to the existing
public highway or street.
(c)
All entrances and exits shall be free of any material which
would impede the visibility of the driver on a public highway or street.
(d)
All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with mobile homes attached.
(3) Each park shall have improved streets to provide for the convenient
access to all mobile home lots and other important facilities within
the park. Streets shall be improved to at least meet Erwin Plan specifications.
(a)
The street system shall be so designed to permit the safe and
convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topography and shall have suitable
alignment and gradient for traffic safety.
(c)
All streets shall intersect at right angles.
(d)
All streets shall have the following minimum widths:
[1]
One-way traffic movement, 12 feet.
[2]
Two-way traffic movement, 20 feet.
(e)
Except in cases of emergency, no parking shall be allowed on
such street.
(4) An improved driveway shall be provided for each mobile home lot.
This driveway shall have a minimum width of nine feet.
F. Parking.
(1) One off-street parking space shall be provided on each mobile home
lot. The parking space shall be of similar construction and grading
as the mobile home stand. Such space shall have a minimum width of
nine feet and a minimum length of 20 feet.
(2) Additional off-street parking space shall be provided at strategic
and convenient locations for guests and delivery and service vehicles.
(a)
There shall be one additional parking space for each two mobile
home lots within the park.
(b)
Such parking space shall be provided in bays which shall provide
for adequate maneuvering.
G. Utilities and service facilities.
(1) The following utilities and service facilities shall be provided
in each mobile home park, which shall be in accordance with the regulations
and requirements of the Rensselaer County Department of Health, the
New York State Department of Health and the Sanitary Code of New York
State:
(a)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all mobile home lots, and buildings
within the park shall be provided with proper water connections.
(b)
Each mobile home lot shall be provided with a sewer which shall
be connected to the mobile home situated on the lot, to receive the
waste from the shower, tub, flush toilet, lavatory and kitchen sink
in such home. The sewer shall be connected to a public or private
sewer system so as not to present a health hazard. Sewer connections
in unoccupied lots shall be so sealed as to prevent the emission of
any odors and the creation of breeding places for insects.
(c)
Metal garbage cans with tight-fitting covers shall be provided
in quantities adequate to permit the disposal of all garbage and rubbish.
The cans shall be kept in sanitary condition at all times. The cans
shall be located no further than 200 feet from any mobile home lot.
Garbage and rubbish shall be collected and disposed of as frequently
as may be necessary to ensure that such cans shall not overflow.
(2) Service buildings shall be provided as deemed necessary for the normal
operation of the park; however, such buildings shall be maintained
by the owner or manager of the park in a clean, sightly and sanitary
condition.
(3) Each mobile home lot shall be provided with weather-proof electric
service connections and outlets which are a type approved by the New
York State Board of Fire Underwriters.
H. Open space.
(1) Each mobile home park shall provide common open space for use by
the occupants of such park.
(2) Such open space shall be conveniently located in the park. Such space
shall have a total area equal to at least 10% of the gross land area
of the park.
I. Landscaping.
(1) Lawn and ground cover shall be provided on those areas not used for
the placement of mobile homes and other buildings, walkways, roads
and parking areas.
(2) Planting shall be provided to the extent needed in order to provide
for the screening of objectionable views, adequate shade and a suitable
setting for the mobile homes and other facilities.
(a)
Screen planting shall be provided to screen objectionable views.
Views which shall be screened include laundry facilities, other nonresidential
uses, garage, storage and collection areas and all abutting yards
of adjacent properties.
(b)
Other planting shall be provided along those areas within the
park which front upon exisiting public highways and streets to reduce
glare and provide pleasant outlooks for the living units.
J. Recording.
(1) The owner or operator of each mobile home park shall keep a written
record of all persons occupying or using the facilities of such park.
This record shall be available for a period of at least one year from
the date of occupancy.
(2) This record shall include:
(a)
The name and address of the occupant of each mobile home.
(b)
The name and address of the owner of each mobile home which
is not occupied by such owner.
[Amended 8-4-1982 by L.L. No. 1-1982]
A. Prohibition of mobile homes. No person or persons, being the owner or occupant of any land in the Town of Schaghticoke, shall permit the use of such land for the placement and occupancy of a mobile home without first obtaining a permit therefor as hereinafter provided, nor shall any person place, with the intent to use or make available for use, a mobile home on any land not in a mobile home park within said town without first obtaining a permit as provided in Subsection
B.
B. Issuing of permits. The Town Board of the Town of Schaghticoke, upon a written application as provided in Subsection
D, shall issue a permit to any owner of a single mobile home located on a private lot owned by the owner of such mobile home and not located in a mobile home park. Such permit shall be issued only if all provisions of this section have been complied with; it shall not be transferable or assignable. In the event that the owner of the mobile home is not the owner of the lot, the mobile home owner and the landowner shall apply for the permit as cosigners.
C. Permitted uses. A permit for the use of land within the Town of Schaghticoke
for the placement and occupancy of a mobile home may be granted in
the following situations only:
[Added 7-8-1987 by L.L. No. 2-1987]
(1) A permit may be granted for a period not to exceed six months if
the applicant intends to construct on such land a dwelling house for
his own occupancy or his employees' occupancy, and the mobile
home may be occupied for that period and while construction is ongoing.
Said mobile home shall be removed from the premises upon expiration
of the permit. The permit may be extended for an additional six months
upon good cause being shown and a showing that construction has not
been completed.
(2) A permit may be granted to the owner of a farm, allowing the placement
of not more than two mobile homes to be occupied only by full-time
farm workers and their families employed by the owner and provided
that, in addition to the other rules and regulations set forth herein,
the mobile homes are located on a lot of at least 100 by 150 feet
and are no closer than 40 feet to the farmhouse or any farm building,
and provided that the lot is free from drainage problems and fenced
off from farm animals.
D. Application for permit. The application for such mobile home permit
shall be filed with the Town Clerk and shall state or include:
(1) The name of the applicant and his permanent residence address, and
the property owner if different from the mobile home owner.
(2) The date of manufacture, registration number and dimensions of such
mobile home.
(3) Evidence that such mobile home, if manufactured after January 15,
1974, bears the seal required by the State of New York or an equivalent
acceptable to the State of New York.
(4) The street and number where such mobile home is to be located.
(5) Evidence that the provisions of Subsection
F of this section have been or will be complied with.
(6) The original or a true copy of the deed to the land in question.
(7) A plan drawn to scale of not smaller than one inch equals 20 feet.
This plan must show the boundaries of the land, the location or plan
for the proposed water supply and sewage disposal systems and the
location of adjacent properties, streets and structures.
(8) A fee in the amount of $25.
E. Application procedure.
(1) The Town Clerk shall transmit the application to the Town Code Enforcement
Officer. Upon receipt, the Code Enforcement Officer shall review the
application's compliance with the provisions of this section
and the requirements of the Rensselaer County Department of Health.
The Town Code Enforcement Officer shall then transmit the application,
along with his written findings, to the Town Board.
(2) The Town Board shall receive the application and the findings of
the Town Code Enforcement Officer and by resolution indicate its approval
or disapproval.
(3) The Town Clerk shall notify the applicant of the decision of the
Town Board, and the Town Code Enforcement Officer shall issue a license
to the applicant if the application was approved.
(4) If the application was disapproved, the applicant shall have the
right to appear before the Town Board for a hearing.
F. Regulations. The owner and occupant of such mobile home and premises
shall comply with the following regulations unless, upon a proper
showing, the Board waives or modifies any of the following in whole
or in part:
(1) Each mobile home shall be a distance of at least 50 feet from the
nearest right-of-way line of any public highway or street.
(2) Each mobile home shall be a distance of at least 50 feet from any
adjacent property line.
(3) Each homesite shall have an adequate supply of potable water for
drinking and domestic purposes, and the water supply system shall
satisfy all requirements of the Rensselaer County Department of Health
and/or the Town of Schaghticoke.
(4) Each homesite shall have a sewer system complying with standards
as set forth by the Rensselaer County Department of Health and/or
the Town of Schaghticoke.
(5) No more than one mobile home shall be placed or parked on any parcel
of land which is located outside a licensed mobile home park.
(6) Every mobile home will have the space underneath the mobile home
enclosed by skirting constructed of fire-resistant material.
(7) Each mobile home shall be provided with no less than one smoke detector
adequate for the size of the mobile home.
(8) Each mobile home shall be supported and anchored down in one of the
following ways:
(a)
Adequately supported on a concrete slab six inches or more thick
or on bedrock and anchored with steel cables 1/4 inch in diameter
or larger attached from the mobile home to anchor bolts spaced a maximum
of every 10 feet in the concrete slab or bedrock at the general outer
edge of the mobile home. The concrete slab must have a minimum width
and length no less than the mobile home it supports.
(b)
Supported on masonry piers 16 inches square or larger extending
a minimum of 40 inches below the ground level and spaced a maximum
of every 10 feet at the general outer edge of the mobile home. An
eyebolt made of one-half-inch-diameter or larger steel rod shall extend
above the top of the pier and be embedded in the pier at least 12
inches. The mobile home shall be firmly attached at the masonry piers
to these eyebolts. If chimney blocks are used as masonry piers, then
they must be filled with concrete and each chimney block pier must
contain three pieces of one-half-inch-diameter or larger steel reinforcing
rod 40 inches long. The top of one or more of the reinforcing rods
at each pier will have the shape of an anchor eyebolt and extend above
the top of the pier. The mobile home shall be firmly attached at each
pier to at least one of these reinforcing rods.
(9) Each mobile home site shall be properly and adequately graded, landscaped
and finished.
G. Certificate of occupancy. Before any mobile home for which a permit has been issued in accordance with Subsection
B hereof shall be occupied, a certificate of occupancy shall be issued by the Enforcement Officer, certifying that the mobile home has been installed on the lot and provided with services as specified by this section. A temporary certificate may be issued by the Enforcement Officer to allow occupancy while improvements such as skirting or landscaping are being made. Such temporary certificate shall be valid for a maximum of six months, after which time any remaining noncompliance shall constitute a violation of this section.
H. Interim dwelling. The Town Board may issue a temporary permit for
a mobile home not located in a mobile home park and may waive such
rules and regulations or portions of this section as the Town Board
deems necessary when such mobile home is to be used as an interim
dwelling in the event a permanent residence has been damaged or destroyed
or in other similar hardship situations. In such cases, said mobile
home shall be removed within 12 months from the date of issuance of
the temporary permit. However, an extension may be granted by the
Town Board in an appropriate situation and for good cause shown.
[Amended 7-8-1987 by L.L. No. 2-1987]
I. Existing mobile homes.
(1) A mobile home which is lawfully in existence prior to the enactment
of this amendment may be continued to be used as living quarters by its
occupants.
(2) Any mobile home which is not lawfully in existence at the time of
the enactment of this section may be continued to be used as living
quarters by its occupants, provided that within 30 days of the effective
date of this section, each landowner and/or mobile home owner shall
submit an application for a permit showing substantial compliance
with this section.
(3) If the owner of the land and/or the mobile home desires to substitute
one mobile home for another in existence, such person shall file an
application for a permit as provided for herein.
The Code Enforcement Officer of the Town of Schaghticoke shall
enforce all of the provisions of this chapter. Such Town Code Enforcement
Officer shall have the right at all times to enter and inspect any
mobile home park, trailer camp and other premises used for the parking
or placement of a mobile home.
Any person committing an offense against the provisions of this
chapter shall be guilty of a violation punishable by a fine of not
more than $250 or by imprisonment for not more than 15 days, or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each week the
offense is continued, a separate and distinct offense hereunder.
None of the provisions of this chapter shall be applicable to
the following:
A. The business of mobile homes or travel trailer sales, except that
where units are used as living quarters, they shall conform to the
provisions of this chapter.
B. The storage or garaging of mobile homes or travel trailers not being
used for living or sleeping purposes within a building or structure,
or the storage of one unoccupied mobile home or travel trailer on
premises occupied as the principal residence by the owner of such
mobile home or travel trailer; provided, however, that such unoccupied
mobile home or travel trailer shall not be parked or located between
the street line and the front building line of such premises.
C. A mobile home or travel trailer located on the site of a construction
project, survey project or other similar work project and which is
used solely as a field office or work- or toolhouse in connection
with such project, provided that such mobile home or travel trailer
is removed from such site within 30 days after the completion of such
project.
D. A sectional house which is prefabricated in sections, transported
to the building site, then fastened together and placed on a permanent
and totally enclosed masonry foundation and which has a minimum width
of 18 feet for its entire length and contains a minimum of 720 square
feet of usable living space.