In all cases where this chapter requires approval of site development
plans by the Planning Board, no building permit shall be issued by
the Code Enforcement Officer except upon authorization of and in conformity
with the plans approved by the Planning Board.
In considering and acting upon site development plans, the Planning
Board shall take into consideration the public health, community character,
safety and welfare and the comfort and convenience of the public in
general and may prescribe appropriate conditions and safeguards as
may be required in order that the result of its action may, to the
maximum extent possible, further the expressed intent of this chapter
and the accomplishment of the following objectives in particular:
A.
Traffic access: that all proposed traffic access and ways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
B.
Circulation and parking: that adequate off-street parking and loading
spaces are provided to prevent the parking in public streets of vehicles
of any persons connected with or visiting the use and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots.
C.
Landscaping and screening: that all playground, parking and service
areas are reasonably screened at all seasons of the year from the
view of adjacent residential lots and streets and that the general
landscaping of the site is in character with that generally prevailing
in the neighborhood. Existing trees over eight inches in diameter
as measured three feet above the base of the trunk shall be retained
to the maximum extent possible.
A.
No building permit shall be issued until an approved site development
plan or approved amendment of any such plan has been secured by the
applicant from the Planning Board and presented to the Code Enforcement
Officer.
(1)
In all districts, site plan approval by the Planning Board shall
be required for:
(a)
The erection or enlargement of all buildings in all districts
other than one- or two-family dwellings or uses accessory thereto.
(b)
All uses of vacant land other than uses customarily accessory
to one- or two-family dwellings.
(c)
Any change in use or intensity of use which will affect the characteristics of the site in terms of the plan elements listed in § 207-57; location of buildings, parking, loading, outdoor lighting and public address, sign location and plans, access and egress, drainage, landscaping and screening, utilities or public improvements or services.
(2)
A use may be exempted from site plan approval where the Code Enforcement
Officer finds that the proposed use would be conducted with no change
in a site plan previously approved for a use within the same category.
This ability to exempt uses within the same category applies only
where an approved site plan is on file.
B.
No certificate of occupancy will be issued for any structure or use
of land covered by this article unless the structure is completed
or the land is developed or used in accordance with an approved site
development plan or approved amendment of any such plan.
A.
Presubmission conference. Prior to the submission of a site development plan, the applicant shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed in § 207-57 shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. The presubmission conference may be waived at the discretion of the Planning Board. In the event that the presubmission conference is waived, the Planning Board shall indicate to the applicant which plan elements are required for final approval.
B.
Within six months following the presubmission conference, the site
development plan and any related information shall be submitted to
the Code Enforcement Officer in triplicate at least 15 days prior
to the Planning Board meeting at which approval is requested. If not
submitted within this six-month period, another presubmission conference
shall be required.
C.
The Code Enforcement Officer shall certify on each site development
plan or amendment whether or not the plan meets the requirements of
all zoning provisions other than those of this article regarding site
development plan approval.
D.
The Code Enforcement Officer shall retain one copy and transmit two
copies of the certified site development plan to the Secretary of
the Planning Board at least seven days prior to the Planning Board
meeting at which approval is requested.
E.
The Planning Board shall act to approve or disapprove any such site
development plan within 62 days after the meeting at which approval
is requested. Failure to act within 62 days shall be deemed approval.
Planning Board disapproval shall include written findings upon any
site development plan element found contrary to the provisions or
intent of this chapter. In reviewing the application, the Planning
Board may secure the advice or assistance of one or more expert consultants
as are qualified to advise as to whether or not the use applied for
will be operated in conformance with the performance standards and,
if not, what modification in design or operation would be necessary
for conformance. A copy of the report of such consultant shall be
furnished to the Planning Board, the Code Enforcement Officer and
the applicant. If the Planning Board, in its discretion, decides to
hold a public hearing concerning an application for site plan approval,
such public hearing will be held within 62 days of receipt of said
application. The Planning Board shall render its decision concerning
said application for site approval within 60 days after the public
hearing. The Planning Board shall give public notice of such hearing
at least five days prior to it in a newspaper of general circulation
in the Town. Notices shall also be mailed at least five days prior
to the public hearing to property owners that are adjacent to the
project property and to clerks of an adjacent municipality if a municipality
boundary is within 500 feet of the proposed project.
F.
Amendments to a site development plan shall be acted upon in the
same manner as the approval of the original plan.
G.
The Planning Board may require that site development plan approval
be periodically renewed.
H.
Referrals to the County Planning Board.
(1)
The following shall be referred to the County Planning Board:
(a)
Adoption or amendment of a comprehensive plan pursuant to § 272-a
of Town Law;
(b)
Adoption or amendment of a zoning ordinance or local law;
(c)
Issuance of special use permits;
(d)
Approval of site plans;
(e)
Granting of use and area variances;
(f)
Other authorizations that a referring body may issue under the
provisions of any zoning ordinance or local law.
(2)
Referral when property within 500 feet.
(a)
The proposed actions set forth above shall be subject to referral
to the County Planning Board if they apply to real property within
500 feet of the following:
[1]
The boundary of any city, village or town; or
[2]
The boundary of any existing or proposed county or state park or
other recreation area; or
[3]
The right-of-way of any existing or proposed county or state parkway,
throughway, expressway or other controlled access highway; or
[4]
The existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines; or
[5]
The existing or proposed boundary of any county- or state-owned land
on which a public building or institution is situated; or
[6]
The boundary of any farm operation located in an agricultural district,
as defined by Article 25-AA of the Agriculture and Markets Law, except
this subsection shall not apply to the granting of area variances.
(b)
The referring board shall not take final action until it has
received a recommendation within 30 days from the County Planning
Board.
I.
All site plan review decisions shall be filed with the Town Clerk
within five days from the date of the decision.
J.
The Planning Board may request a review of a site plan and supporting
materials by a professional not employed by the Town or the applicant.
The applicant shall reimburse the Town for the fees associated with
any outside review.
The applicant shall cause a site development plan map to be
prepared by a civil engineer, surveyor, land planner, architect or
other competent person unless this requirement is waived by vote of
the Planning Board. Site development plan elements shall include those
listed below which are appropriate to the proposed development or
use as indicated by the Planning Board in the presubmission conference.
If the applicant is not the property owner, evidence that the applicant
has written permission of the owner(s) to make such application. The
site plan shall be clearly and legibly drawn on paper that is not
less than 8 1/2 inches by 11 inches in size.
A.
Legal data.
(1)
The lot, block and section number of the property, taken from the
latest tax records.
(2)
The name and address of the owner of record.
(3)
The name and address of the person, firm or organization preparing
the map.
(4)
The date, North point and written and graphic scale.
(5)
Sufficient description or information to define precisely the boundaries
of the property. All distances shall be in feet and tenths of a foot.
All angles shall be given to the nearest 10 seconds or closer. The
error of closure shall not exceed one in 10,000.
(6)
The locations, names and existing widths of adjacent streets and
curblines.
(7)
The locations and owners of all adjoining lands as shown on the latest
tax record.
(8)
The location, width and purpose of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjoining the property.
(9)
A complete outline of existing deed restrictions or covenants applying
to the property.
(10)
Existing zoning.
(11)
A complete list of the names, addresses, and parcel identification
numbers for all adjoining lots.
B.
Natural features.
(1)
Existing contours at intervals of five feet or less, referred to
a datum satisfactory to the Board.
(2)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(3)
The location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more,
as measured three feet above the base of the trunk, and other significant
existing features.
C.
Existing structures and utilities.
(1)
The location of uses and outlines of structures, drawn to scale,
on the site and within 100 feet of the lot line.
(2)
Paved areas, sidewalks and vehicular access between the site and
public streets.
(3)
Locations, dimensions, grades and flow direction of existing sewers,
culverts, water lines as well as other underground and aboveground
utilities within and adjacent to the property.
(4)
Other existing development, including fences, landscaping and screening.
D.
Proposed development.
(1)
The location of proposed building or structural improvements.
(2)
The location and design of all uses not requiring structures, such
as off-street parking and loading areas.
(3)
The location, direction, power and time of use for any proposed outdoor
lighting or public address systems.
(4)
The location and plans for any outdoor signs.
(5)
The location and arrangement of proposed means or access and egress,
including sidewalks, driveways or other paved areas; profiles indicating
grading and cross sections showing width of roadway, location and
width of sidewalks and the location and size of water and sewer lines.
(6)
Any proposed grading, screening and other landscaping, including
types and locations of proposed street trees.
(7)
The location of all proposed water lines, valves and hydrants and
of all sewer lines or alternate means of water supply and sewage disposal
and treatment.
(8)
An outline of any proposed deed restrictions or covenants.
(9)
Any contemplated public improvements on or adjoining the property.
(10)
If the site development plan only indicated a first stage, a
supplementary plan shall indicate ultimate development.
E.
Any other information deemed by the Planning Board necessary to determine
conformity of the site plan with the intent and regulations of this
chapter.
Uses which require site plan approval must meet the following standards in addition to dimension, sign and parking standards. Uses requiring site plan approval that are located within the Waterfront Overlay District shall also meet the specific standards of § 207-30. The Massena Town Planning Board may, as part of the site plan review process, require enlarged area and/or lot dimensions as necessary to accommodate the proposed development and may further condition its approval of the site plan, but it may not require less than the specific standards appearing in this chapter.
A.
Automobile sales, rental, repair, service, body shop and dismantlers.
(1)
The minimum lot area shall be one acre.
(2)
Lot frontage on any street shall be at least 200 feet.
(3)
Such use shall not be located within 200 feet of any lot occupied
by a residence, school, hospital or religious institution at the time
of application for site plan approval. Measurement shall be made between
the nearest respective lot lines.
(4)
Bulk fuel shall be stored at least 50 feet from any property line
and be underground.
(5)
Disabled vehicles shall be screened from the view of the street in
any residence district.
(6)
No exterior storage of dismantled vehicles, vehicle parts or salvage
materials shall be permitted for a period of more than seven days.
(7)
No exterior storage of disabled vehicles shall be permitted for more
than 30 days.
C.
Home occupation/profession.
(1)
The home shall continue to appear as a residence.
(2)
Not more than two employees other than the inhabitants of the dwelling
unit shall be engaged in such home occupation/profession.
(3)
The home occupation/profession shall not cause significant increase
in traffic in the vicinity.
(4)
No offensive noise, vibration, glare, fumes, odor or electrical interference
shall be produced.
D.
Junkyards.
(1)
All junkyards must be brought into compliance with this chapter within
one year from notification of noncompliance by the Code Enforcement
Officer.
(2)
Junkyards must meet all applicable, current standards of the state.
(3)
Minimum lot size shall be 10 acres.
(4)
Such uses shall not be located within 100 feet of any road right-of-way
and 200 feet from any property line, lake, river or stream.
(5)
All junkyard operations shall be fenced and screened from public
view and other adjacent properties.
F.
Manufactured homes and manufactured home parks. Manufactured homes
and manufactured home parks shall be subject to the following standards
and review criteria:
(1)
Manufactured homes shall be permitted only within mobile home parks (where permitted), excepting that doublewide units shall be permitted in the same locations as other single-family residences, subject to the standards of Subsection F(2) below.
(2)
Standards applicable to individual manufactured homes.
(a)
A doublewide manufactured home may be placed in the Town only
after obtaining a manufactured home/building permit and shall require
a certificate of occupancy before initial occupancy.
(b)
Doublewide manufactured homes located outside of manufactured
home parks shall comply with all area and bulk requirements that apply
to one-family houses in the same zoning district.
(c)
All doublewide manufactured homes shall be connected to an adequate
supply of potable water; shall be connected to a public sewer system
or septic system constructed in accordance with all state and local
regulations; and shall be connected to all applicable utilities, including
but not limited to electric power, telephone, propane gas and fuel
oil. All of the foregoing connections or services shall be provided
to the manufactured home within 90 days of issuance of the permit
for placement of the mobile home.
(d)
All doublewide manufactured homes hereafter erected in the Town
shall have been manufactured in 1980 or thereafter; be Underwriters
Laboratories certified; and bear the seal of the United States Department
of Housing and Urban Development.
(e)
All doublewide manufactured homes shall have peaked roofs, with
a minimum pitch of three feet vertical to 12 feet horizontal.
(f)
Doublewide manufactured homes, outside of manufactured home
parks, shall be installed on a load-bearing foundation complete with
footings, such as a crawl space or full basement meeting New York
State Building Code standards.
(g)
Structure frames of doublewide manufactured homes must be securely
attached to the foundation as provided by New York State Building
Code standards.
(h)
Permanent steps and handrails shall be constructed at all access
points of the doublewide manufactured home to ensure a safe means
of ingress/egress into the dwelling unit.
(3)
Regulation of manufactured home parks. Manufactured home parks shall be permitted in the R-A District subject to site plan review and special use approval by the Planning Board. All manufactured home parks shall fully comply with the provisions of § 207-59 and be licensed under said section. The Planning Board shall, in reviewing and acting upon special use applications for manufactured home parks, apply the requirements of § 207-59 and the following standards and review criteria:
(a)
The location of the park shall be one demonstrably suitable
for such use, with proper drainage and provisions for stormwater control
such that the amount of water leaving the site after development shall
not be greater than prior to development.
(b)
There shall be documentation of the availability and adequate
capacity of all utility providers to service the park. Off-site or
centralized water facilities shall be provided.
(c)
The park shall be designed to provide maximum open space consistent
with the minimum manufactured home lot size requirements of the Manufactured
Home Law and offer buffering of individual manufactured homes from
each other and from other adjoining lot owners. It shall be landscaped
so as to develop and maintain a high-quality aesthetic environment
and neighborhood character for prospective new and existing residents.
(d)
Adequate provisions shall be made for outside storage space,
and these shall not in any way interfere with emergency access.
(e)
Adequate provisions shall be made to control potential nuisance
situations such as accumulation of unused materials or vehicles.
(f)
Recreational facilities sufficient to accommodate the number
of dwellings proposed shall be provided.
(g)
There shall be adequate groundwater supplies to support the
proposed water system without causing a detrimental impact on adjoining
water supplies, and evidence of this shall be provided and professionally
reviewed.
(h)
The management and operations plan for the park shall provide
for maintenance of all common facilities and ensure the purposes and
requirements of this chapter are met. It shall also provide for limitation
of occupancy to manufactured homes meeting U.S. Department of Housing
and Urban Development regulations under the Manufactured Housing Act.
(4)
Exceptions to permanent placement requirements.
(a)
Construction field office. A single manufactured home unit may
be temporarily located in any zoning district for use as a construction
field office, real estate sales office or manufactured home sales
office, provided that a building permit has been issued under the
New York State Building Code. Such offices may not be installed prior
to 30 days before the commencement of the relevant project and must
be removed within 30 days after the completion of the relevant project,
a maximum of one year, with a one-year extension subject to approval
of the Planning Board.
(b)
Temporary placement of manufactured homes. It shall be unlawful
to store any mobile home on any property within the Town of Massena
for a period in excess of 30 days.
(5)
Prohibited uses for manufactured homes. Manufactured homes shall
be used for single-family dwelling purposes only. All other uses,
including but not limited to use as a warehouse, storage shed, tool
shed, outbuilding or garage, are prohibited.
(6)
Nonconforming manufactured homes. Any manufactured home lawfully
in existence at the time of the adoption of this chapter which is
not in full compliance with this chapter may remain in its existing
location but may not be otherwise relocated within the Town except
with respect to relocation on the same lot. No manufactured home previously
occupied as a dwelling may be converted to a use prohibited by this
chapter, however.
G.
Waste storage and/or treatment facility. These facilities are allowed
only in industrial zones and only after site plan review. This section
applies to all new facilities, whether as an addition to an existing
and/or treatment facility, a new facility related to an existing use
or as a separate new use altogether.
(1)
All applicable federal and state permits for any applicable type
of waste, except nuclear waste, must be obtained prior to the start
of construction.
(2)
Storage and/or treatment of nuclear waste is prohibited.
(3)
Minimum lot size shall be 10 acres. The Planning Board may require
a larger minimum lot area if necessary to safely accommodate the nature
and scale of the proposed use.
(4)
All structures shall be located at least 1,000 feet from any adjacent
residential use or property which would permit a residential use.
The Planning Board may require screening from adjacent properties,
as needed.
(5)
All treatment activities shall be conducted within an enclosed building,
and there shall be no exterior storage of materials.
(6)
There shall be no on-premises disposal of wastes.
A.
Licenses required for manufactured home parks.
(1)
No person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Massena, shall use or allow
the use of such land for a manufactured home park unless a license
has been obtained as herein provided.
(2)
Issuance of license.
(a)
The Town Code Enforcement Officer of the Town of Massena shall
issue a license after approval of the application by the Town Planning
Board. The Board shall apply site plan review and special use criteria
contained in the Town of Massena Zoning Law in making a decision regarding
the project. Said license shall be effective from the date of issuance
until surrendered by the licensee or revoked by the Code Enforcement
Officer and shall be renewed annually based on an inspection by the
Code Enforcement Officer as to continued compliance with the standards
of this chapter.
(b)
No license shall be issued until the Code Enforcement Officer
has received:
[1]
A written application from the applicant on the form provided
by the Town Code Enforcement Officer.
[2]
The required fee as herein provided. Such fees shall be set
by resolution of the Town Board.
[3]
Evidence there is or will be a New York State approved sewage
disposal system designed by a licensed professional engineer.
(c)
The license shall be transferred to a new owner of a manufactured
home park, provided that all of the requirements of this chapter are
met and provided that the Town is so notified.
(3)
Supplemental license.
(a)
Any person holding a license for a manufactured home park who
desires to add additional lots to such park shall file an application
for a supplemental license.
(b)
The application for such supplemental license must be accompanied
by four sets of plans and specifications and shall be filed and processed
as provided herein for new manufactured home parks.
(c)
When approved, the Town Code Enforcement Officer shall issue
a supplemental license which will be effective from the date of issuance
and continue until surrender by the licensee or revocation by the
Code Enforcement Officer.
(4)
The applicant shall pay the Town such fee(s) as are established by
resolution of the Town Board. Fees may be assessed for both the initial
license and to cover subsequent inspections on a periodic basis.
B.
Application procedure.
(1)
Each application for a manufactured home park license shall be in
writing and signed by the applicant.
(2)
Four copies of the application and plans and related information
shall be filed with the Code Enforcement Officer on a form supplied
by the Code Enforcement Officer. No application shall be deemed filed
until all required information shall have been filed with the Town
of Massena Planning Board. The Planning Board shall advise the applicant
of any such deficiencies within 30 days of its receipt thereof.
(3)
The Code Enforcement Officer promptly shall transmit copies of the
application and plans to the Town Planning Board, which shall process
the application pursuant to the site plan review and special use requirements
of the Town of Massena Zoning Law and New York State Town Law.
(4)
The Code Enforcement Officer, within 10 days of the filing of the
Planning Board decision, shall issue the license, provided that approval
has been granted and all other requirements of this chapter are met.
(5)
Any disapproval shall be in writing and include the reasons therefor.
The Code Enforcement Officer shall not issue a license, in any instance,
where the Board has not approved the site plan. If the application
is disapproved, the applicant shall have the right to appeal pursuant
to Article 78 of the Civil Practice Law and Rules.
C.
Application data.
(1)
Each application shall be accompanied by nine complete sets of plans
which have been prepared by a licensed land surveyor or engineer.
(2)
Each application shall contain the following information:
(a)
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, including principal shareholders (more than five-percent
ownership).
(b)
The description of the land that is proposed to be used as a
manufactured home park, together with a map showing its location in
the Town.
(c)
The number of lots to be provided in such manufactured home
park.
(d)
The names and addresses of the owners of the property on which
the manufactured home park is to be located, and a written statement
signed by the owners consenting that the premises be used for a manufactured
home park.
(3)
A location map shall be incorporated with the application that shows
all land within 300 feet of the park, the location of all streets
and roads adjacent to and within the park and the location of all
water and sewer lines and utilities adjacent to and within the park.
(4)
Proposed development. The application shall be accompanied by nine
copies of a development plan showing the following:
(a)
The location and widths of all entrances, exits and streets.
(b)
The location, size and arrangement of each lot within the park.
(c)
The method and plan for electric lighting.
(d)
The location and plan of all proposed structures and improvements.
(e)
Plans for landscaping.
(f)
Stormwater drainage.
(g)
Utilities.
(h)
Off-street parking facilities.
(i)
Fencing and screening.
(j)
Signs and other structures.
(k)
Names of owners of adjoining properties.
(l)
Recreational facilities.
(m)
Location and type of trash receptacles.
(n)
All other applicable information required by the Town Zoning
Law.
D.
Requirements for manufactured home parks.
(1)
Site.
(a)
The park shall be located on a well-drained site which is properly
graded to ensure rapid drainage and free at all times from stagnant
pools of water.
(b)
The park shall be at least 10 acres in size and have at least
100 feet of frontage on a public road. Additional park land must be
contiguous to the existing park and shall not be bisected by a public
road except to the extent a new road may be approved as part of the
plan.
(3)
Manufactured home placement. All manufactured homes shall be parked
or otherwise be located:
(a)
At least 30 feet from an adjacent manufactured home.
(b)
At least 50 feet from an adjacent manufactured home park property
line.
(c)
At least 75 feet from right-of-way line of any existing public
street or highway.
(d)
At least 25 feet from the nearest edge of any roadway located
within the park.
(4)
Manufactured home stand. Each manufactured home lot shall have a
manufactured home stand which will provide for the practical placement
on a base on the lot of both the manufactured home and its appurtenant
structures and provide for the retention of the home on the lot in
a stable condition.
(5)
Accessibility and lighting.
(a)
Each manufactured home park shall be accessible from an existing
public highway or street.
(b)
Any manufactured home park shall provide two points of entry/exit
at least 100 feet apart.
[1]
Such entrances and exits shall be designed 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.
[2]
No individual manufactured home shall have direct access to
a state, county or Town road without first entering a street or driveway
in the manufactured home park leading to an exit.
[3]
All entrances and exits shall be free of any material which
would impede the visibility of the driver on a public highway or street.
[4]
All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with manufactured homes attached
and shall be at least 50 feet in width for at least 25 feet into the
property.
(c)
All means of egress, drives and public places shall be adequately
lighted.
(d)
One nonflashing, illuminated sign shall be permitted on the
park. Such sign shall not be greater in area than 50 square feet and
shall not extend more than eight feet above ground level. Such sign
shall be located at least 20 feet from any property line or street
right-of-way line.
(6)
Roads. Each manufactured home park shall have roads to provide for
the convenient access to all manufactured home lots and other facilities
within the park.
(8)
Utilities and service facilities. The following utilities and services
shall be provided in each manufactured home park in accordance with
the regulations and requirements of the New York State Department
of Health:
(a)
An adequate supply of pure water meeting New York State Department
of Health standards for drinking and domestic purposes shall be supplied
by pipes to manufactured home lots and buildings within the park.
Documentation of compliance with the Department of Health's requirements
in Part 17 of the Sanitary Code shall be provided.
(b)
Each manufactured home lot shall be provided with a sewer, which
shall be connected to the manufactured 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 off-site sewer system meeting New York State Department
of Health standards so as not to present a health hazard. Sewer connections
in unoccupied lots shall be so sealed to prevent the emission of any
odors and the creation of breeding places for insects.
(c)
Garbage removal shall be provided on an individual lot pickup
basis.
(d)
Manufactured homes which do not contain toilets, lavatory and
tubs or showers shall not be permitted in any manufactured home park.
Service buildings shall be provided as deemed necessary for the normal
operation of the park. Such buildings shall be maintained by the owner
or manager or the park in a clean, sightly and sanitary condition.
(e)
Each manufactured home lot shall be provided with weatherproof
electric service connections and outlets which are a type approved
by the New York State Board of Fire Underwriters.
(9)
Recreation and open space.
(a)
Each manufactured home park shall provide common open space
for the use of the occupants of the park. Such open space shall be
conveniently located in the park. Such space shall have a total area
equal to at least 25% of the gross land area of the park, including
all lots and unplatted areas. Such open space may include any area
devoted to common amenities, including roads, sewage disposal areas
and other areas outside individual manufactured home lots.
(b)
Any manufactured home park of more than 10 manufactured home
sites shall provide, as part of its open space, areas for active recreational
use. These recreation areas shall not include any wetlands, steep
slopes or other land areas unusable for development and shall consist
of contiguous land areas which can be used for active recreational
activities such as ball fields. No less than 20% of the open space
provided shall be dedicated to such recreational areas, and no individual
area so designated shall be less than two acres in size. Each manufactured
home park affected by this section shall provide at least one developed
picnic area, including tables and benches, and a system of marked
and improved trails or sidewalks connecting each manufactured home
to the recreation and other open space areas created, which may include
use of designated road shoulders of sufficient width to separate pedestrian
and vehicular traffic. These recreational improvements shall be included
on the landscaping plans presented as part of the application package.
(10)
Landscaping.
(a)
Ground cover shall be provided on those areas not used for the
placement of manufactured homes and other buildings, walkways, roads
and parking areas.
(b)
Screening acceptable to the Planning Board and Code Enforcement
Officer shall provide for adequate shade and a suitable setting for
the manufactured homes and other facilities. It shall include landscaping
materials meeting the requirements of this chapter. A side or rear
yard adjacent to an existing developed area shall be a minimum width
or depth of 100 feet, and the 50 feet nearest to the existing developed
area shall be planted or screened with materials approved by the Planning
Board and Code Enforcement Officer. Such screening shall be designed
to create and maintain a high-quality neighborhood character for existing
residents as well as new manufactured home park residents. Natural
landscape buffers shall be required as opposed to fencing or other
artificial measures. It shall provide, to the maximum extent practical,
for the effective screening of other development from the view of
manufactured home residents and of all manufactured homes and accessory
structures from view by adjoiners. The Planning Board shall also require
and approve a landscaping plan for the interior of the manufactured
home park to buffer individual manufactured homes, provide shade and
green areas and ensure a wholesome living environment.
(c)
Skirting acceptable to the Planning Board and the Code Enforcement
Officer shall be installed along the perimeter of each manufactured
home, extending from the manufactured home stand to the floor of the
manufactured home unit and fully screening the area beneath the unit
from view. The landscaping plan required above shall also address
landscaping of individual manufactured home sites and ensure effective
separation of manufactured homes from each other for purposes of privacy
as well as aesthetics.
(11)
The owner or operator of each manufactured home park shall keep
a register wherein there shall be recorded the name and permanent
address of the owner and occupant of each manufactured home situated
in the court, the registration number of the same, the date it was
admitted and the date of its removal. Such register shall be signed
by the owner of the manufactured home or the person bringing the same
into the court. Such register shall be open for inspection to the
Town Code Enforcement Officer or the Town Assessor at all reasonable
times. Registers shall be kept for a period of seven years.
(12)
Fire district approval and fire-fighting requirements.
(a)
No application for a manufactured home park license shall be
approved unless and until the appropriate officer of the applicable
Town fire district shall have reviewed the plans as well as the site
and determined the district fire-fighting equipment can provide adequate
coverage of the park and that there are no major obstacles in the
design or layout of the facility to providing fire protection. The
applicant shall document to the fire district and the Planning Board
that there is a fire hydrant(s), with sufficient capacity to meet
the fire-fighting needs associated with the development, located on
the site and convenient for easy access. Water storage facilities
may be provided as an alternative to hydrants if the same are secured
from access by small children.
(b)
If the fire district approval cannot be obtained because the
district lacks the specific services and facilities needed to serve
the proposed park, the Town shall be authorized, through its Planning
Board and Code Enforcement Officer, to require a condition of special
use and site plan approval as well as licensing hereunder, a financial
contribution from the applicant toward providing those services or
facilities. Such contribution shall be reasonable and directly related
to the costs of serving the manufactured home park.
(13)
Accessory structures and additions. All accessory structures
and manufactured home additions shall require a building permit from
the Town of Massena and meet State Building Code requirements.
E.
Enforcement. The Code Enforcement Officer shall enforce all of the
provisions of this chapter and shall have the right at all reasonable
times to enter and inspect any manufactured home park or other premises
used for the parking and placing of manufactured homes.
(1)
If the Code Enforcement Officer finds that a manufactured home park
for which a license has been issued is not being maintained in a clean
and sanitary condition or is not being operated in accordance with
the provisions of this chapter, he may serve, personally or by certified
mail to the holder of the license, a written order which will require
the holder of the license to correct the conditions specified in such
order within 10 days after the service of such order. The Code Enforcement
Officer shall, for purposes of determining compliance with this chapter,
be authorized to make periodic inspections of all manufactured home
parks and shall be provided entry to accomplish that task. The Town
Board shall specify the frequency of such inspections and set fees
to cover costs involved.
(2)
If the holder of such license shall refuse or fail to correct the
condition or conditions specified in such order within 10 days after
the service of such order, the Code Enforcement Officer may suspend
such license, and the holder of the license shall thereupon terminate
the operation of such manufactured home park, provided that residents
have been afforded adequate opportunities consistent with state and/or
federal law to relocate.
(3)
However, if the owner or operator of such manufactured home park
shall thereafter correct such conditions and bring the manufactured
home park into compliance with this chapter, such owner may then apply
for the issuance of a new license for such park, and if the application
is approved and a license granted, the applicant shall pay to the
Town the fee required by this chapter without any credit for the fee
paid for the license which was revoked.
(4)
Any license which is not used for the purpose intended within two
years of the date of issuance, as evidenced by placement of the home(s)
on the designated site, shall automatically expire.
(5)
No license for a manufactured home park, or any portion of a manufactured home park, shall be issued unless and until all improvements as required herein, including landscaping and screening, have been physically installed, inspected and approved by the Code Enforcement Officer, excepting that roads shall be approved by the Town Highway Superintendent in consultation with the Town Engineer as may be required. In those instances where a manufactured home subdivision is to be created and individual lots are to be conveyed for purposes of placing a manufactured home, all required improvements will be installed or financially secured pursuant to § 277 of the Town Law, and all other requirements of Chapter 191, Subdivision of Land, in the Town of Massena Code shall be met. Such subdivisions shall be subject to the development standards provided herein and in the Town Zoning and Subdivision Laws. Should the latter development standards and the standards herein conflict, the more restrictive standard shall apply.
F.
Penalties.
(1)
Any person, partnership, association or corporation who violates
any provision of this chapter shall be guilty of an offense against
this chapter and subject to a fine of not less than $100 or more than
$250 and/or imprisonment for not more than six months for each offense.
When a violation of any of the provisions of this chapter is continuous,
each day or portion thereof shall constitute a separate and distinct
violation.
(2)
In addition to the above-provided penalties, the Code Enforcement
Officer may maintain a civil action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
this chapter or to restrain, by injunction, the violation of this
chapter.
G.
Exceptions. None of the provisions of this chapter shall be applicable
to the following:
(1)
The business of manufactured home sales, except that where units
are used as living quarters, they shall conform with the provisions
of this chapter.
(2)
The storage of an unoccupied manufactured home; provided, however,
that such unoccupied manufactured home shall not be parked or located
between the street line and the front building line of any premises
or within any required yard area.
(3)
A manufactured home located on the site of a construction project,
survey project or other similar work project which is used solely
as a field office or work or tool house in connection with such project,
provided that such manufactured home is removed from such site within
30 days after the completion of such project.
(4)
A modular house or manufactured home, other than a doublewide manufactured
home, which is prefabricated in sections, transported to the building
site then fastened together and anchored to a permanent and totally
enclosed masonry foundation and which has a minimum width of 24 feet
for its entire length and contains a minimum of 960 square feet of
usable living space.
