No one may commence operating a mobile dwelling park after the
effective date of this chapter without applying for and obtaining
a special permit, as hereinafter provided. No one may enlarge, alter,
extend or reconstruct a mobile dwelling park legally existing prior
to the effective date of this chapter, or a mobile dwelling park whose
operation commenced after the effective date of this chapter without
applying for and obtaining a special permit, as hereinafter provided.
No one may operate a mobile dwelling park of any kind without applying
for and obtaining an operating permit, as hereinafter provided. No
permit shall be required of the owner of a mobile dwelling who maintains
such mobile dwelling in a mobile dwelling park.
Before any improvements are made to real property for the purpose of operating a mobile dwelling park, or for the purpose of enlarging, altering, extending or reconstructing a mobile dwelling park, the operator must apply for and obtain a special permit. Special permits shall be granted by the Planning Board, upon its determination that the proposed mobile dwelling park, or proposed enlargement, alteration, extension or reconstruction of a mobile dwelling park, fully complies with the standards of this chapter for such parks, and with the standards in §
120-32D of Chapter
120, Land Use. The procedures set forth in § 120-322 of Chapter
120, Land Use, shall be followed in an application for a special permit herein. The Planning Board may impose conditions on any special permit herein, if it determines that doing so is necessary to adequately protect the health, safety and welfare of the public, and it may deny an application for a special permit if it determines that it is not possible to adequately protect the health, safety and welfare of the public.
The following information must be provided in an application
for any special permit herein:
A. A legal description of property on which the proposed mobile dwelling
park or the proposed enlargement, alteration, extension or reconstruction
of a mobile dwelling park will be located.
B. A sketch map must be enclosed with said application and must contain
at least:
(1) A general sketch of proposed mobile dwelling park or any proposed
enlargement, alteration, extension or reconstruction of a mobile dwelling
park, including the number of lots, lot size, mobile dwelling stands,
recreation areas, accessory buildings, service buildings, internal
streets and rights-of-ways and landscaping plans;
(2) Abutting property owners and present use of this property;
(3) Present and/or proposed access roads;
(4) Present and/or proposed sewer, water and other utility lines; and
(5) A topographical map showing any unusual special land features such
as streams, creeks, areas subject to flooding, and areas of steep
slopes in excess of 15°.
C. Such additional information may be required by the Planning Board, including the information specified by §§
120-33A and
B of Chapter
120, Land Use.
The application fee for a special permit herein shall be the same as the fee prescribed for special permits pursuant to Chapter
120, Land Use.
[Amended 4-21-1997 by L.L. No. 2-1997]
A. No one may operate a mobile dwelling park without applying for and
obtaining an operating permit. An operator of a mobile dwelling park
which commences operation after the effective date of this chapter
or of a mobile dwelling park for which a special permit for enlargement,
alteration, extension or reconstruction has been sought shall apply
for an operating permit after receiving a special permit as required
herein, and before commencing operations. The Planning Board shall
grant the initial operating permit to such an applicant, upon its
determination that:
(1) All improvements required by the applicant's special permit
final plans have been made;
(2) Any conditions on the applicant's special permit have been fulfilled;
(3) All other standards under this chapter have been met; and
(4) That the operating permit fee has been paid.
B. An operator of a legally preexisting mobile dwelling park shall apply
to the Town Clerk for an operating permit within 90 days of the effective
date of this chapter. The Town Clerk shall issue an initial operating
permit upon payment of the operating permit fee.
C. All operating permits shall be for a twenty-four-month period. Prior
to the expiration of the initial operating permit, the mobile dwelling
park operator shall apply for a renewal of his/her operating permit.
The Code Enforcement Officer shall issue renewal operating permits,
upon his/her determination that:
(1) All improvements required by any special permit final plans for the
mobile dwelling park have been maintained;
(2) Any conditions on any special permit continue to be fulfilled;
(3) All other standards under this chapter have been met;
(4) The standards of Article
VIII for the improvement of a legally preexisting mobile dwelling park have been met; and
(5) The operating permit fee has been paid.
The fee for an initial and for a renewal of an operating permit
shall be as set by resolution of the Town Board from time to time.
[Amended 4-21-1997 by L.L. No. 2-1997]
A. Each mobile dwelling park shall be inspected once every two years
at the time of application for an operating permit renewal. The Code
Enforcement Officer of the Township of Eaton shall enforce all of
the provisions of this chapter and shall inspect such mobile dwelling
park at reasonable time to verify the mobile dwelling park's
continued compliance with this chapter. Mobile dwelling parks that
are subject to the application of the State Code for Mobile Dwelling
Parks (10 NYCRR Part 17) shall only be inspected by the Code Enforcement
Officer as to the following:
(1) That all improvements required by any special permit final plans
for the mobile dwelling park have been maintained;
(2) That any conditions on any special permit continue to be fulfilled;
and
(3) That the standards of Article
VIII for the improvement of a legally preexisting mobile dwelling park have been met.
B. The Code Enforcement Officer shall deem that all other standards
under this chapter have been met by such mobile dwelling parks subject
to said State Code upon presentation of satisfactory evidence that
such mobile dwelling parks have a valid operating permit pursuant
to said State Code.
C. The Code Enforcement Officer shall submit a written review of his
findings to the Town Planning Board and to the permit holder. The
Code Enforcement Officer may obtain the assistance of the Health Department
for such inspection.
[Amended 4-21-1997 by L.L. No. 2-1997]
All permits are transferable upon written notification to and
approval by the Planning Board.
A representative of the Town of Eaton's Code Enforcement
Officer may inspect a mobile dwelling park at reasonable intervals
and at reasonable times to determine compliance with this chapter.
[Amended 4-21-1997 by L.L. No. 2-1997]
The mobile dwelling park operator shall operate the park in
compliance with this chapter and shall provide adequate supervision
to maintain the park, its facilities and equipment in good repair
and in a clean, sanitary condition. It shall be the obligation of
every mobile dwelling park operator to ensure that the park and every
mobile dwelling lot and stand and every other improvement within the
park is at all times in compliance with the requirements of this chapter
and any other applicable statute or regulation. Upon any breach of
this obligation, the mobile dwelling park operator shall be subject
to the enforcement provisions of this chapter.