[HISTORY: Adopted by the Town Board of the Town of Saugerties 10-2-1986 by L.L. No.
2-1986 (Ch. 28 of the 1975 Municipal Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "House Trailer
Law" of the Town of Saugerties.
It is the purpose of this chapter to promote the health, safety
and welfare of the inhabitants of the Town of Saugerties and regulate
the maintenance of mobile homes and mobile home parks within the Town
of Saugerties and to prescribe regulations for said parks, to regulate
the parking and location of mobile homes outside of said parks within
the Town of Saugerties, and to require that mobile home parks within
the Town of Saugerties be laid out and constructed in accordance with
approved plans.
As used in this chapter, the following terms shall have the
meanings indicated:
The lot or space in any park which shall be assigned to or
used and occupied by any one mobile home.[4]
All natural persons and corporations.
No person shall place or shall permit the placement of a mobile
home on lands owned by him or her on any property within the Town
of Saugerties unless such placement is authorized by this chapter
and a permit is obtained, if required by this chapter.
No person shall use or permit the use of any land of which he
or she is the owner as a mobile home park without obtaining a permit
therefor as hereinafter provided.
A.
The minimum requirements for a mobile home park are as follows:
(1)
The lot area for such use shall not be less than six acres with 150
feet of frontage and contain on the date of first occupancy at least
10 improved mobile home sites.
(2)
Each mobile home site shall be provided with a four-inch concrete,
blacktop or flagstone slab on a stable surface at least 10 feet by
18 feet in size for use as a terrace and so located to be adjacent
to and parallel to the mobile home.
(3)
No mobile home shall be less than 50 feet from any other.
(4)
Sealed-surface off-street parking bays must be provided. Such bays
shall contain not less than 200 square feet per car space, and one
off-street space shall be provided for every mobile home.
(5)
All means of egress and ingress, drives, lanes, walks, and public
spaces shall be adequately lighted. Exits, entrances, drives, and
lanes shall be adequately lighted.
(6)
One nonflashing, indirectly illuminated sign shall be permitted.
Such sign shall not be greater in area than 30 square feet or extend
more than eight feet above curb level.
(7)
Signs and other related structures shall be located at least 30 feet
from any property line or street right-of-way line.
(8)
Tie-downs shall be required of all mobile homes.
B.
Drainage and grading. All lands used as a mobile home park shall
be well drained, of ample size and free from heavy or dense growth
of brush or weeds. The land shall be properly graded to ensure proper
drainage during and following rainfalls and shall at all times be
so drained as to be free from stagnant pools of water.
C.
Park plan. Each mobile home park constructed, altered or expanded
after the effective date of this chapter shall be subdivided and marked
off into lots or park units numbered consecutively, the number being
conspicuously posted on each park unit, each of which park units shall
contain at least 15,000 square feet and shall be at least 150 feet
by 100 feet in dimension. No more than one mobile home shall be permitted
to occupy any one park unit. The park units shall be grouped in blocks
with streets at least 30 feet wide, 20 feet of which shall be hard
surfaced, between each block. Each park unit shall have direct access
to a street. No park unit shall be located within 50 feet of any public
highway or public street line or within 50 feet of any adjacent property
line or 100 feet of any adjacent dwelling house. Each mobile home
park and all parts thereof shall be kept in a clean and sanitary condition
at all times. There shall be a minimum separation of 100 feet between
any well and septic system.
D.
No mobile home park shall permit the parking of non-self-contained
units unless the mobile home park is equipped with and provides separate
toilets, lavatories, showers and tubs for each sex in adequate numbers
to satisfactorily service the park. Such separate toilets, lavatories,
showers and tubs shall not be required in the park so long as non-self-contained
units are not permitted.
E.
Water supply. Each separate mobile home site shall provide suitable
connections to an approved water supply system.
F.
Disposal of sewage and other water-carried wastes:
(1)
All sewage and other water-carried wastes shall be disposed of into
a municipal sewage system whenever available. In mobile home parks
in which such connections are not available, disposal shall be into
a Health Department-approved private system which includes a sanitary
means of disposal, the operation of which creates neither a nuisance
or a menace to health.
(2)
When a water-carriage system of sewage is used, each camp unit shall
be provided with a sewer connection for the combined liquid waste
outlet or outlets of each mobile home and trapped below the frost
line.
(3)
It shall be the duty of the owner or operator of said mobile home
park to provide water- and odor-tight connection from the mobile home
water drainage to the sewer connection, and it shall be the duty of
said owner or operator to make such connections and keep all occupied
mobile homes connected to said sewer while located in a mobile home
park. Sewer connections in unoccupied park units shall be so closed
that they will emit no odors or cause a breeding place for flies.
No domestic water or waste shall be allowed to fall on the surface
of the ground from a mobile home.
G.
Garbage disposal. Each such mobile home park constructed, altered
or expanded after the effective date of this chapter shall provide
equipment sufficient to prevent littering of the grounds and premises
with rubbish, garbage and refuse and shall provide a fly-tight storage
building or buildings of a design approved by the County Board of
Health and at a convenient location or locations equipped with fly-tight
metal depositories of sufficient size and number to contain all the
garbage and refuse that may accumulate between removals from the premises.
H.
Electric service and connections. Each mobile home park constructed,
altered or expanded after the effective date of this chapter shall
provide weatherproof underground electric service connections and
outlets. All electric installations shall be approved by the electrical
inspectors designated by the Town Board of the Town of Saugerties
and have a certificate issued by the same.
A.
The application for each mobile home park permit shall be in writing
and signed by the applicant. It shall state:
(1)
The name and the address of the applicant;
(2)
The name and the address of each partner if the applicant be a partnership;
(3)
The name and the address of each officer and director if the applicant
be a corporation;
(4)
A complete description of the premises upon which the proposed park
is to be located;
(5)
The name and the address of the owner or owners of such premises;
and
(6)
The number of park units to be provided in the proposed park.
B.
Each application shall be accompanied by three sets of plans and
specifications, prepared and drawn to scale by a registered architect
or licensed professional engineer, showing the layout of the park,
the location, size and arrangement of each park unit, location of
streets, location and number of toilets, lavatories, showers and tubs
for each sex, location of water service and fire hydrants and location
of slop sinks, garbage receptacles and laundry trays, together with
a plot plan drawn to scale of the entire parcel, showing the location
thereon of the proposed mobile home park. One set of plans shall be
retained by the Planning Board of the Town of Saugerties, the second
set shall be retained by the County Board of Health and the third
set shall be retained with the application. Where the applicant is
not the owner of the premises, the application shall also be accompanied
by an original or photostatic copy of the lease of the premises and
a written statement signed by all the owners consenting that the premises
be used for the purpose of a mobile home park.
C.
Each application shall be filed in triplicate with the Town Clerk,
who shall thereupon transmit a copy to the County Board of Health,
the Town Planning Board and the Building Inspector. Such application
shall indicate compliance by the applicant with the minimum park requirements
as established by rule or regulation of the County Board of Health.
The County Board of Health shall, after investigation, transmit to
the Building Inspector its written approval or disapproval thereof
or recommendations pertaining thereto. The Planning Board shall, after
consideration, transmit to the Building Inspector its written recommendations
pertaining thereto. The applicant shall be notified in writing by
the Building Inspector of the action taken thereon.
D.
The Building Inspector of the Town of Saugerties, upon the written
application and upon the approval of the same by the County Board
of Health, upon compliance with all the provisions of this chapter,
and upon receipt of the fees hereinafter provided, shall issue a permit
to become effective from the date thereof and to continue in force
for the term specified therein but in no event longer than through
the 31st day of December next succeeding for the use of the premises
therein specified as a mobile home park, which permit shall specify
the number of park units which may be used in said park.
E.
In the event that the County Board of Health shall fail to approve
the application, or in the event the Building Inspector determines
that the provisions of this chapter have not been complied with, the
Building Inspector shall notify the applicant in writing that the
application is denied. The Building Inspector shall further set forth
the reasons for the denial. Any applicant who has been refused a permit
may apply to the Town Board therefor. It shall be the applicant's
responsibility to notify the Town Clerk to have the application added
to the agenda for the next regular Town Board meeting. The applicant
shall have the opportunity to present facts and arguments in support
of his or her application. The Town Board shall issue a decision in
writing, which shall be mailed to the applicant.
G.
Inspections. The County Board of Health and any other
duly authorized agent or employee of the Town of Saugerties shall
have the right at any reasonable time to enter any mobile home park
or other premises used for the parking or location of a mobile home
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 mobile
home park.
H.
If any mobile home park is not being maintained in a clean and sanitary
condition or is not being conducted in accordance with the provisions
of this chapter, the Building Inspector shall serve an order in writing
upon the holder of the permit or the person in charge of said park,
directing that the conditions therein specified be remedied within
10 days after date of service of such order. If such conditions are
not corrected after the expiration of said ten-day period, the Building
Inspector may cause a notice in writing to be served upon the holder
of said permit or the person in charge of such mobile home park, requiring
the holder of the permit to appear before the Town Board of the Town
of Saugerties at a time to be specified in such notice and show cause
why such mobile home park permit should not be revoked. The Town Board
may, after the hearing at which testimony of witnesses may be taken
and the holder of the permit shall be heard, revoke such permit 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
of this chapter have been violated or for other sufficient cause.
Upon the revocation of such permit, the premises shall forthwith cease
to be used for the purposes of a mobile home park, and all mobile
homes shall forthwith be removed therefrom.
I.
Application for the renewal of any mobile home park permit issued pursuant to this chapter, must be filed with the Building Inspector on or before the 1st day of December next preceding the expiration of said permit. The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 163-7 of this chapter in the case of original application for permits, except that such renewal application need not be accompanied by a plan of the mobile home park unless some change in the plan or layout of the park is contemplated by the applicant, nor is it necessary that the 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 the original photostatic copy of the new lease shall be attached to the application for a renewal, nor shall it be necessary to attach to such application for renewal the written consent of the owners of the premises that the same may be used for the purpose of a mobile home park unless there shall have been a change in the ownership since the filing of the previous application, in which event such written statement signed by all of the new owners of the premises must accompany the application for a renewal of the permit. Upon the approval of said application for a renewal of the permit by the Building Inspector, the Building Inspector shall issue a renewal permit, which shall become effective upon the expiration of the prior permit and continue in force for the term specified therein but in no event longer than for a period of one year. The applicant shall at the time of issuance of such renewal permit pay to the Town Clerk the fee provided in § 163-7F of this chapter covering the issuance of a renewed mobile home park permit.
J.
This chapter shall apply to all existing mobile home parks in the
Town of Saugerties, except that mobile home parks in existence on
the effective date of this chapter shall have one year to comply therewith.
A.
No mobile home shall be parked within the Town of Saugerties without
a permit except in an authorized park unit in a licensed mobile home
park.
B.
With a permit, a mobile home may be placed within the Town of Saugerties
as follows:
(1)
A mobile home may be located on an unoccupied lot for the purpose
of a permanent residence, provided such lot shall have a minimum area
of 40,000 square feet, that the mobile home is located at least 50
feet from any property line or any right-of-way (other than a utility
easement) and at least 100 feet from any adjacent dwelling. Within
three months after the installation of the mobile home, the area beneath
the mobile home shall be provided with a curtain wall fully enclosing
the entire area of the unit. If the property on which the mobile home
is to be located is within a sewer district and the lot is serviced
by the municipal sewer system, the lot need not have a minimum area
of 40,000 square feet, but the mobile home must still comply with
the setback requirements.
(2)
A mobile home may be placed on a lot already occupied by a dwelling
for the purpose of a permanent residence, provided that the lot shall
have an area of at least 60,000 square feet and the mobile home shall
be not less than 50 feet from any property line or from any right-of-way
(other than a utility easement), not less than 75 feet from any adjacent
dwelling on the lot to be occupied and not less than 100 feet from
any other dwelling. Within three months after the installation of
the mobile home, the area beneath the mobile home shall be provided
with a curtain wall fully enclosing the entire area of the unit. If
the property on which the mobile home is to be located is within a
sewer district and the lot is serviced by the municipal sewer system,
the lot need not have a minimum area of 60,000 square feet, but the
mobile home must still comply with the setback requirements.
(3)
Any owner of land who intends to build or rebuild a dwelling house
upon a parcel of land located within the Town of Saugerties, and who
has obtained a building permit therefor, may place a mobile home upon
such land to be used as a residence during the construction of said
dwelling for a maximum period of one year, with no renewals permitted.
Upon the expiration of this period, the mobile home shall be vacated
and removed from the premises.
(4)
A mobile home may be located by an owner or lessee of land or a contractor
engaged by the owner or lessee of land located within the Town of
Saugerties for use as a field office or dressing room for workmen
on construction sites, survey projects and upon other similar work
projects. Within 30 days after the construction project is complete,
the mobile home must be vacated and removed from the premises. Such
a mobile home may not be used for dwelling purposes.
(5)
Mobile homes exhibited for sale and uninhabited as living quarters
may be placed on property within the Town of Saugerties on a lot with
no dwelling. One such mobile home in a sales lot may be used as a
sales office, provided the owner thereof and/or the owner of the premises
upon which it is displayed shall install and use a sewage disposal
system at least equal to that required by a two-bedroom dwelling.
(6)
A mobile home uninhabited as living quarters may be located on a
lot occupied by an existing dwelling, provided that it is not less
than 50 feet from any right-of-way (other than a utility easement)
or property line and not less than 100 feet from any adjacent dwelling.
A permit issued under this section shall expire six months after issuance
and may not be renewed.
(7)
A mobile home may be located on a lot without a dwelling for use
as storage or office space, provided it is not less than 50 feet from
any right-of-way (other than a utility easement) or property line
and not less than 100 feet from any adjacent dwelling.
C.
All mobile homes are required to have tie-downs.
D.
Other regulations. In addition to the foregoing, each mobile home
is to comply with any applicable sections of the New York State Uniform
Building and Fire Code and any applicable regulations of the State
of New York or the County
of Ulster.
A.
The owner or occupant of a mobile home seeking to park or place the
same pursuant to the provisions of this chapter shall make written
application to the Building Inspector.
B.
The application shall set forth:
(1)
The name and the address of the applicant.
(2)
The name and the address of each partner if the applicant be a partnership.
(3)
The name and the address of each officer and director if the applicant
be a corporation.
(4)
A copy of the most recent deed to the property upon which the mobile
home is to be placed.
(5)
The name and the address of the owner or owners of such premises,
and if the applicant is not the owner of the premises where the said
mobile home is to be located, the applicant shall file with the issuing
officer the acknowledged consent of the said owner that the premises
may be used for such purposes and subject to the provisions of this
chapter.
C.
Each application shall be accompanied by a plot plan drawn to scale
and showing:
D.
The Building Inspector of the Town of Saugerties, upon the written
application and upon the approval of the septic system by the County
Board of Health and upon receipt of the fee herein provided, shall
issue a permit to become effective from the date thereof.
E.
If in the judgment of the Building Inspector a permit is not authorized
by this chapter, within 30 days after the receipt of this application
the Building Inspector shall notify the applicant by mail that the
application is denied and shall set forth the reasons therefor. The
Building Inspector shall further notify the applicant that he has
the right to appear before the Town Board and present whatever facts
and arguments he deems advisable in support of his application. If
the applicant wishes to present his application to the Town Board,
it shall be his responsibility to notify the Town Clerk for the purpose
of placing this on the agenda for a meeting of the Town Board.
If a health officer of the County of Ulster or any authorized
representative of the Town of Saugerties finds that the premises upon
which any mobile home outside a mobile home park is not being maintained
in a clean and sanitary condition, or is not being maintained in accordance
with the provisions of this chapter, such facts shall thereupon be
reported to the Building Inspector, and the said Building Inspector
may serve an order in writing upon the holder of the permit and/or
the owner of the mobile home and/or the owner of the premises, directing
that the condition therein specified be remedied within such time
as determined by the Building Inspector after the date of service
of such order. If such conditions are not corrected, after the expiration
of said period the Building Inspector may cause a notice to be served
upon the holder of such permit and/or the owner of said mobile home
and/or the owner of the premises upon which it is located requiring
the appearance of the person so served before the Town Board of the
Town of Saugerties at a time to be specified in such notice and show
cause why such mobile home permit should not be revoked. The Town
Board may, after a hearing at which testimony of witnesses may be
taken and the person so served shall be heard, revoke such permit
if the Town Board shall find that the said mobile home is not being
maintained in a clean and sanitary condition or if it finds that any
provision of this chapter has been violated or for any other sufficient
cause. Upon the revocation of such permit, the said mobile home shall
be removed forthwith from the premises and disconnected from its water
supply and sewage disposal system.
The provisions of this chapter shall apply to all mobile homes
parked or placed within the Town of Saugerties except those legally
parked or placed prior to the effective date of this chapter. Mobile
homes legally placed or parked within the Town of Saugerties prior
to the effective date of this chapter shall be a nonconforming use
which may continue until such use is abandoned. Such mobile homes
therefor may be replaced from time to time by other mobile homes in
the same location. Such mobile homes, however, shall not be moved
to a new location within the Town of Saugerties except in compliance
with the provisions of this chapter. Abandonment shall be deemed to
have occurred when there has been no mobile home at the location of
the nonconforming use for a period of six months.
A.
Any person who violates any provision of this chapter shall be deemed
to have committed an offense against this chapter and also shall be
liable for said violation. Each day that a violation continues shall
be a separate and distinct violation of this chapter.
B.
For every 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
not exceeding 15 days, or by both such fine and imprisonment.[1]
C.
Conviction for any above-mentioned violation shall constitute and
effect immediate forfeiture of the permit.
D.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectible by the Town in the amount of $100 for
each such offense. Such penalty shall be collectible by and in the
name of the Town.
E.
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of this chapter.
The issuance of a mobile home park 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 park, of
any statute of the State of New York or local law or health regulation
of the Town of Saugerties.
Whenever real property is sold on which is located a licensed
mobile home park or a licensed individual mobile home, the permit
for the same shall be automatically transferred to the new owner upon
written notification to the Building Inspector of the Town of Saugerties.
