[HISTORY: Adopted by the Town Board of the Town of Bath 8-23-1971. Sections
82-5A, 82-6E and 82-17 amended at time of adoption of Code; see Ch.
1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known and cited as the "Town of Bath Mobile
Home Parks Ordinance."
It is the purpose of this chapter to promote the health, safety,
comfort, convenience and general welfare of the community and to protect
and preserve the property of the Town of Bath and its inhabitants
by regulating mobile home parks in the Town of Bath, New York.
As used in this chapter, the following terms shall have the
meanings indicated:
A mobile home without inside toilets and bath. Such mobile
homes are prohibited in a mobile home park as defined in this chapter.
The legally designated health authority, or its authorized
representative, of the Town of Bath.
Any person licensed to operate and maintain a mobile home
park under the provisions of this chapter.
Any vehicle or similar portable structure having been constructed
with wheels, whether or not such wheels have been removed, and having
no foundation other than wheels, jacks or skirtings and so designed
or constructed as to permit occupancy for dwelling or sleeping purposes.
Any plot of ground upon which three or more mobile homes,
occupied for dwelling or sleeping purposes, are located, regardless
of whether or not a charge is made for such accommodation.
A plot of ground within a mobile home park designed and reserved
for the accommodation of one mobile home.
Mobile home park.
Any person to whom a temporary permit is issued to maintain
or operate a mobile home park under the provisions of this chapter.
Any natural individual, firm, trust, partnership, association
or corporation.
A.
It shall be unlawful for any person to maintain or operate a mobile
home park within the limits of the Town of Bath unless such person
shall first obtain a license therefor, except that the maintenance
or operation of a mobile home park in existence on the effective date
of this chapter may be continued under a temporary permit for such
period of time and under such conditions as are hereinafter prescribed.
B.
A temporary permit, upon written request therefor, shall be issued
by the designated official for every mobile home park in existence
upon the effective date of this chapter, permitting the park to be
maintained and operated during the period ending 180 days after the
effective date of this chapter without being subject to the provisions
of this chapter, except such of the provisions as are made expressly
applicable to permittees.
C.
The term of the temporary permit shall be extended, upon written request, for not to exceed one additional period of 180 days if the permittee shall have filed application for a license in conformity with § 82-6 of this chapter within 90 days after the effective date of this chapter, if the permittee is of good moral character and the park plans and specifications accompanying the application for license comply with all provisions of this chapter and all other applicable ordinances and statutes, if the permittee shall have diligently endeavored to make the existing park conform fully to the plans and specifications submitted with the application and if failure to make the existing park conform fully to such plans and specifications shall have been due to causes beyond the control of the permittee.
A.
Application for initial license or licenses for addition to an existing mobile home park must be filed with the Town Clerk. A filing fee based upon the schedule above set forth in § 82-5 hereof will be paid by the applicant and retained by said Clerk.
B.
The application shall be in writing, signed by the applicant and
shall include the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the mobile home park.
(4)
Plans and specifications of all buildings, improvements and facilities
constructed or to be constructed within the mobile home park.
(5)
Certification that the plans for water and sewage facilities have
been approved by the New York State Department of Health.
(6)
Such further information as may be requested by the Town Supervisor,
Town Board or officer designated by the Town Board to enable him to
determine if the proposed park will comply with legal requirements.
C.
The application and all accompanying plans and specifications shall
be filed in triplicate.
D.
The Town Board or designated official shall investigate the applicant
and inspect the application and the proposed plans and specifications.
If the applicant is of good moral character and the proposed mobile
home park will, when constructed or altered in accordance with such
plans and specifications, be in compliance with all provisions of
this chapter and all other applicable ordinances and statutes, the
Town Board or designated official shall approve the application and,
upon completion of the park according to the plans, shall issue the
license.
E.
A fee in an amount set by resolution of the Town Board will be paid
by the applicant to cover costs to the Town Board or its designated
official for the review of the application.[1]
F.
Application for renewal license. Upon application, in writing, by
a licensee for renewal of a license and upon payment of the annual
license fee, the Town Board or designated official shall issue a certificate
renewing such license for another year.
G.
Application for transfer of license. Upon application, in writing,
for transfer of a license and payment of the transfer fee, the Town
Board or designated official shall issue a transfer if the transferee
is of good moral character.
Mobile home parks may be located on any site within the Town
of Bath. Where any boundary of a park directly abuts property which
is improved with a permanent residential building located within 25
feet of such boundary or directly abuts any such property which may,
under existing laws and regulations, be used for residential construction,
a fence, wall, hedge or green area 20 feet in width shall be provided
along such boundary.
The mobile home park shall conform to the following requirements:
A.
The park shall be located on a well-drained site, properly graded
to ensure rapid drainage and free from stagnant pools of water.
B.
Each park shall provide mobile home spaces, and each space shall
be clearly defined and delineated. Each park shall have a minimum
area of 90,000 square feet, including mobile home space, roads, service
buildings and green area. Each space shall have a minimum area of
not less than 4,500 square feet and a minimum width of 50 feet.
C.
Mobile homes shall be so located on each space that there shall be
a thirty-foot clearance between mobile homes, provided that, with
respect to mobile homes parked end to end, the end-to-end clearance
may not be less than 20 feet. No mobile home shall be located closer
than 20 feet to any building within the park or to any property line
of the park.
D.
Walkways not less than 30 inches wide shall be provided from the
mobile home spaces to the off-street parking space and from the roadway
to service buildings.
E.
All driveways shall be constructed with a minimum width of 20 feet,
shall be constructed of gravel or hard surface, minimum of six inches
in depth, and shall be maintained in a dust-free condition. All walkways
within the park shall be hard-surfaced and lighted at night.
F.
An electric outlet, supplying at least 100 to 115/220 to 250 volts,
100 amperes, shall be provided for each mobile home space. All electrical
and telephone facilities shall be buried.
G.
Each mobile home space shall be provided with off-street parking
space. Minimum size for such parking space shall be nine feet by 25
feet. The parking space shall be constructed of gravel, minimum depth
six inches, and shall be maintained in a dust-free condition.
H.
All mobile homes shall have constructed suitable skirting of a permanent
material.
I.
All mobile home parks which, at the time of the adoption of this chapter, existed lawfully with mobile home spaces which do not comply with the minimum for area, width, clearances and off-street parking space as listed in Subsections B, C and G of this section shall be excused from compliance with these subsections of this section.
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all buildings and mobile home spaces
within the park to meet the requirements of the park. Each mobile
home space shall be provided with a cold-water tap at least four inches
above the ground.
A.
Service buildings, if provided, housing sanitation facilities, laundry
facilities and recreation facilities shall be permanent structures
complying with all applicable ordinances and statutes regulating building,
electrical installations and plumbing and sanitation systems.
B.
The service buildings shall be well-lighted at all times of the day
and night, shall be well-ventilated with screened openings, shall
be constructed of such moistureproof material, which may be painted
woodwork, as shall permit repeated cleaning and washing and shall
be maintained at a temperature of at least 68° F. during the period
from October 1 to May 1. The floors of the service buildings shall
be of water impervious material.
C.
All service buildings and the grounds of the park shall be maintained
in a clean, sightly condition and kept free of any condition that
will menace the health of any occupant or the public or constitute
a nuisance.
A.
Waste from showers, bathtubs, flush toilets, urinals, lavatories
and slop sinks in service and other buildings within the park shall
be discharged into a public sewer system in compliance with applicable
ordinances or into a private sewer and disposal plant or septic tank
system of such construction and in such manner as will present no
health hazard. Construction of sewer systems shall be in accordance
with plans approved by the New York State Health Department.
B.
Each mobile home space shall be provided with a sewer which shall
be connected to receive the waste from the shower, bathtub, flush
toilet, lavatory and kitchen sink of the mobile home harbored in such
space and having any or all of such facilities. The sewer in each
space shall be connected to discharge the mobile home waste into a
public sewer system in compliance with applicable ordinances or into
a private sewer and disposal plant or septic tank system of such construction
and in such manner as will present no health hazard. Construction
of sewer systems shall be in accordance with plans approved by the
New York State Health Department.
Metal and plastic garbage cans with tight-fitting covers shall
be provided in quantities adequate to permit disposal of all garbage
and rubbish. Garbage cans shall be located on the mobile home space.
The cans shall be kept in sanitary condition at all times. Garbage
and rubbish shall be collected and disposed of by the licensee as
frequently as may be necessary to ensure that the garbage cans shall
not overflow.
Every park shall be equipped at all times with dry-chemical
fire-extinguishing equipment in good working order, of such size and
number and so located within the park as to satisfy applicable reasonable
regulations of the Fire Department. No open fires shall be permitted
at any place which may endanger life or property. No fires shall be
left unattended at any time. It is further suggested that the licensee
recommend to the mobile home owners that they obtain suitable dry-chemical
fire extinguishers to be kept in the mobile home.
The licensee or permittee or a duly authorized attendant or
caretaker shall be in charge at all times to keep the mobile home
park, its facilities and equipment in a clean, orderly and sanitary
condition. The attendant or caretaker shall be answerable, with the
licensee or permittee, for the violation of any provision of this
chapter to which the licensee or permittee is subject.
The Town Board or designated official may revoke any license
to maintain and operate a park when the licensee has been found guilty,
by a court of competent jurisdiction, of violating any provision of
this chapter. After such conviction, the license shall be reissued
if the circumstances leading to conviction have been remedial and
the park is being maintained and operated in full compliance with
law.
The license certificate or temporary permit shall be conspicuously
posted in the office or on the premises of the mobile home park at
all times.
Any person violating this chapter shall be fined not less than
$250 or imprisoned for not more than 15 days, or both, for each offense.
Each week that a violation is permitted to exist shall constitute
a separate offense.
