[HISTORY: Adopted by the Town Board of the Town of Austerlitz 1-7-1973. Amendments
noted where applicable.]
This chapter shall be known as the "Mobile Home Ordinance of
the Town of Austerlitz."
The purpose of this chapter is to promote the health and general
welfare of the community, including the preservation and orderly development
of the property of the Town of Austerlitz and of its inhabitants,
by establishing specific requirements and regulations governing the
installation of mobile home parks and mobile homes.
A.
FARM
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME PLOT
MOBILE HOME STAND
For the
purpose of this chapter, the following words, terms and phrases shall
have the meanings customarily ascribed to them except where defined
otherwise herein:
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agricultural products, livestock,
poultry, and dairy products. It excludes the commercial raising of
fur-bearing animals, pigs, riding academies, livery, or boarding stables
and dog kennels.
Any vehicle which is self-propelled or is designed to be
transported on its own wheels or those of another vehicle, which is
used, designed to be used and capable of being used as a detached
single-family residence, and which is intended to be occupied as permanent
living quarters, containing sleeping accommodations, a flush toilet,
a tub or shower, kitchen facilities and plumbing and electrical connections
for attachment to outside systems.
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.
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used for dwellings
and for occupancy of more than 90 days.
A specific total land area for the accommodation of one mobile
home and its occupants outside a mobile home park.
A durable surface located on a mobile home lot or plot to
be used for the placement and support of the mobile home.
B.
Words used
in the present tense include the future, and the plural includes the
singular. The word "shall" is always mandatory.
A.
No federal, state, county or Town agency, as well as no person, partnership,
association, corporation or cooperative, being the owner or owners
or occupant or occupants of any lands within the Township of Austerlitz,
shall use or allow the use of such land for a mobile home park unless
a permit has been obtained as herein provided.
B.
Issuance
of permits.
(1)
The Town Clerk shall issue the permit. However, no permit shall be
issued until the Town Clerk has received:
(a)
A written application from the applicant.
(b)
The required fee as provided herein.
(c)
Approval of the application by the Columbia County Department
of Health (or the New York State Department of Health District Office).
(d)
Approval by the Town of Austerlitz Planning Board.
(e)
A resolution from the Town Board approving the issuance of a
permit.
(2)
No permit may be transferable or assignable.
A.
Each application
for a mobile home park permit shall be in writing and signed by the
applicant.
B.
The application and related information shall be filed with the Town
Clerk in triplicate.
C.
The Town Clerk shall transmit one copy of the application to the
Town Planning Board for review and report prior to final action by
the Town Board in accordance with the provisions of § 271
of the Town Law. The Town Clerk shall place a notice in the official
Town newspaper or newspapers to the effect that such an application
has been filed.
D.
Upon receipt of the application from the Town Clerk, the Town Planning
Board shall review the general arrangement of the mobile home park,
including a review of the location and width of streets; the location,
size and arrangement of lots; the location of other structures within
the park or camp; the location of entrances and exits; and the location
and type and extent of landscaping, and also check for compliance
with the minimum requirements as established by the rules and regulations
of the New York State Department of Health and the Town of Austerlitz.
E.
The Planning Board shall transmit the application back to the Town
Board, together with its written findings and recommendations, within
60 days of receipt of the application. Failure to act within 60 days
of receipt of the application shall be deemed approval by the Town
Planning Board.
F.
The Town Board shall review the findings of the Town Planning Board
and, by resolution, indicate its approval or disapproval of the application
within 90 days of the date of filing the application with the Town
Clerk. The application shall be returned to the Town Clerk, and the
applicant or applicants notified, in writing, by the Town Clerk of
the decision rendered, within five days of the date of such decision.
G.
If the application is disapproved, the applicant shall have the right
to appear before the Town Board for a hearing.
No mobile homes may be installed in a mobile home park unless
a license has been obtained as herein provided.
A.
Issuance
of license.
(1)
The Town Clerk of the Town of Austerlitz shall issue a license to
be effective from the day of issuance for a period of one year.
(2)
No license will be issued until the Town Clerk has received:
(a)
The original permit, signed by the applicant, by the Supervisor
of the Town of Austerlitz or by a designated official of the Town
Board and by the Chairman or Acting Chairman of the Planning Board,
stating the satisfactory completion of all requirements for mobile
home parks as required by this chapter.
(b)
The required license fee as provided herein.
(c)
A resolution from the Town Board approving the issuance of a
license.
(3)
No license shall be transferable or assignable.
B.
Supplemental
permit and 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 permit.
(3)
When approved according to the provisions of § 131-4B(1), the Town Clerk shall issue a supplemental permit.
(4)
When approved according to the provisions of this section, the Town
Clerk 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)
By resolution of the Town Board, the Town Clerk 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.
Permit
fees and 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.
(3)
The minimum fee to be paid shall be $30.
(4)
The fee for a supplemental permit shall be computed at the rate of
$1 per lot.
(5)
The fee for a supplemental permit shall be applied to the supplemental
license when issued.
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 the 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.
C.
Existing
development:
D.
Proposed
development:
(1)
The location and widths of all entrances, exits, and streets.
(2)
The location, size, and arrangement of each lot within 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.
(7)
Any proposed utilities.
(8)
Any public improvements proposed by the Town in or adjoining the
proposed park.
(9)
Existing zoning.
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 insure rapid drainage and shall be free at all times from
stagnant pools of water.
(3)
The park shall be free from heavy or dense growth of brush.
(4)
The park area shall be at least five acres in size, have 200 feet
of frontage on a public road and shall have a total area of not more
than 20 gross acres.
(5)
The proximity of a mobile home park or camp shall be no less than
a two-mile radius of another mobile home park or camp.
B.
Mobile home lot.
C.
D.
Mobile home size. Any mobile home shall have a minimum area of 600
square feet, including appurtenant structures but exclusive of any
appendages.
E.
Mobile home stand.
(1)
Each mobile home lot shall have a mobile home stand which will 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 safe and stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions of the
anticipated mobile home and its appurtenant structures or appendages
and shall have a grade level of no more than two feet in 70 feet.
(3)
The stand shall be 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.
F.
Mobile home base enclosure. Mobile home base enclosure or skirting
shall be completed within 30 days after a mobile home has been placed
on a stand, and material used for enclosure shall be noncombustible.
G.
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 10 mobile homes, two points
of entry and exit may be required at the discretion of the Planning
Board.
(a)
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.
(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
or a driver entering or exiting the mobile home park.
(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
and the specifications of the Town of Austerlitz.
(4)
An improved driveway shall be provided for each mobile home lot.
This driveway shall have a minimum width of nine feet.
H.
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 Columbia 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. All mobile home lots 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 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 farther than 200 feet from any mobile home lot.
Garbage and rubbish shall be collected and disposed of as frequently
as may be necessary to insure 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 weatherproof electric
service connections and outlets which are a type approved by the New
York State Board of Fire Underwriters, and all electric service must
be underground.
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)
Screening planting shall be provided to screen objectionable
views. Views which shall be screened include laundry facilities, other
nonresidential uses, garbage storage and collection areas, and all
abutting yards of adjacent properties.
(b)
Other planting shall be provided along these areas within the
park which front upon existing public highways and streets to reduce
glare and provide pleasant outlooks for the living units.
A.
Permits required for mobile homes. No occupied mobile home shall
hereafter be parked or otherwise placed within the Town of Austerlitz
and outside a licensed mobile home park without a permit. A permit
shall be granted only to a landowner of the Town of Austerlitz.
B.
Issuance of permit.
(1)
The Code Enforcement Officer of the Town of Austerlitz shall issue
a permit.
[Amended 6-8-1995 by L.L. No. 2-1995]
(2)
The permit shall be issued, without delay, upon completion of an
application by the landowner, stating the following information:
(a)
The name and address of the landowner.
(b)
The name and address of the mobile home owner.
(c)
The serial number or identification number of the mobile home.
(d)
The location of the plot or site on which the mobile home shall
be placed (road or street address), including a map of the plot or
site showing the proposed location of the mobile home.
[Amended 5-9-1985 by L.L. No. 2-1985]
(e)
The parcel, plot or site number as it appears on the Town of
Austerlitz tax rolls.
(f)
The signature of the landowner.
(g)
The signature of the mobile home owner.
(3)
No permit shall be transferable or assignable.
(4)
A permit shall become void if a mobile home in the Town of Austerlitz
is moved to a different plot or site from that plot or site for which
the permit was originally issued. A new permit shall be required,
and a new permit shall be issued under this subsection upon surrender
of the original permit by the designated landowner.
C.
A mobile home shall be considered as installed or placed in the Town
of Austerlitz from the date of issuance of the first or original permit
and shall continue through successive permits (if any are needed)
as long as the mobile home remains in the Town of Austerlitz.
D.
No occupied mobile home shall be parked or allowed to remain upon
any street, highway or other public place, except that emergency stopping
or parking, when caused by mechanical failure, shall be permitted
upon the shoulder of any street or highway for a period of not more
than 72 hours; subject, however, to any prohibition or limitation
imposed by other regulations or laws.
E.
Mobile home requirements.
(1)
All mobile homes requiring permits to be placed or installed in the
Town of Austerlitz shall be placed or installed on a plot or site
with a minimum of one gross acre unless otherwise stated herein.
(2)
The mobile home shall have a minimum area of living space, including
appurtenant structures, of 600 square feet.
(3)
The mobile home shall have an area or stand which will provide for
the practical placement on the plot or site of both the mobile home
and its appurtenant structures and the retention of the home on the
plot or site in a safe and stable condition. This area or stand shall
have a grade of not more than two feet in 70 feet.
(4)
The mobile home shall be supported by nonporous materials which are
durable and adequate for its safe and stable placement.
(5)
The mobile home shall have a base enclosure or skirting to be of
either fire-retardant or noncombustible material, and the base shall
be fully enclosed within 90 days of mobile home placement.
(6)
No occupied mobile home requiring a permit and outside a duly licensed
mobile home park shall be parked or placed nearer than:
(7)
Columbia County Health Department approval of the well and septic
systems servicing the mobile home is required.
[Added 5-9-1985 by L.L. No. 2-1985]
F.
The owner of a farm shall be allowed a maximum of two mobile homes, and each mobile home shall require a permit in compliance with Subsections A and B of this section. The mobile homes shall meet all the requirements of Subsection E(2) through (6) of this section. Further, the mobile homes shall be occupied only by full-time farm workers, employed by the owner, and their families. Each mobile home shall be free of drainage problems and shall have an adequate supply of pure, fresh water for drinking and domestic use and an adequate sewerage system. Said permits are not transferable and become void if ownership of the farm changes.
G.
Any owner of land in the Town of Austerlitz who intends to construct on such land a dwelling house for his own occupancy or his employees' occupancy shall be allowed one occupied mobile home, provided that the owner shall comply with Subsections A through D of this section. Upon completion and occupancy of the dwelling house, the mobile home shall no longer be occupied and must be moved if it is situated between the dwelling house and the street line.
H.
A special permit shall be granted to a landowner for a mobile home who shall meet all the requirements of Subsections A through E, with the exception of Subsection E(2) of this section, who intends to construct on such land a dwelling house for his own occupancy. Such permit shall be for a period not to exceed 18 months and shall only be extended by resolution of the Town Board of Austerlitz.
I.
One occupied mobile home shall be allowed on a plot or site with
an occupied permanent home under these conditions:
(2)
The mobile home shall not be placed between the permanent home and
the street line.
(3)
It shall be occupied only by immediate relatives of the landowner.
(4)
The permit shall be issued for a period of one year, to be renewed
each year thereafter by written request from the landowner and by
resolution of the Town Board.
J.
A mobile home shall be allowed to be connected to a permanent home
or dwelling in cases of extreme need. The landowner shall request
special permission from the Town Board.
K.
Existing mobile homes.
(1)
A mobile home which is in existence prior to the enactment of this
chapter but not located in a mobile home park shall not be subject
to the provisions of this chapter, with the following exception:
(a)
If said mobile home is moved from its present plot or site to
another lot, plot or site within the Town of Austerlitz, it shall
be subject to all the provisions of this chapter.
(2)
A mobile home may be substituted for one of superior construction
upon the same lot, plot or site.
[Amended 6-8-1995 by L.L. No. 2-1995]
The Code Enforcement Officer of the Town of Austerlitz shall
enforce all provisions of this chapter and, for such purpose, shall
have the right to enter and inspect any lands within the Town on which
a mobile home or mobile home park may be situate. The Code Enforcement
Officer shall, after receipt and verification of a written and signed
complaint from a resident of the Town of Austerlitz alleging a specific
violation or violations of this chapter, investigate the grounds of
said complaint for the purpose of determining whether a violation
exists. If the Code Enforcement Officer determines that a violation
of said chapter does exist, he shall have the right to institute any
enforcement proceedings authorized by law.
A.
Revocation of mobile home park licenses.
(1)
If a member of the Town Board finds and reports to the Town Board
that a mobile 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, the Town
Board may, by resolution, authorize the personal service upon the
holder of the license of 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.
(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 personal service of such order, the Town Board may, by resolution,
revoke such license, and the holder of the license shall thereupon
terminate the operation of such mobile home park.
(3)
However, if the owner or operator of such mobile home park shall
thereafter correct such conditions and bring the mobile 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 is granted, the applicant shall pay to the
Town Clerk the fee required by this chapter without any credit for
the fee paid for the license which was revoked.
B.
Revocation of permits for mobile homes not in mobile home parks.
(1)
If an officer of the Town Board finds under § 131-10 of this chapter that the landowner holding a permit for a mobile home outside a licensed mobile home park is in violation of the provisions of this chapter as they pertain to mobile homes outside licensed mobile home parks, the Town Board may serve a written order upon the landowner to whom the permit was issued directing that the condition or conditions therein specified be remedied within 20 days after the date of service of the order.
(2)
If
such condition or conditions are not corrected within the 20 days,
the Town Board may revoke the permit, and the mobile home shall be
removed from the premises.
Any federal, state, county or Town agency, as well as any person,
partnership, association, corporation or cooperative, being the owner
or occupant of lands in the Town of Austerlitz, 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 $25 nor more than $100. When
a violation of any of the provisions of this chapter is continuous,
each week or portion thereof shall constitute a separate and distinct
violation.
None of the provisions of this chapter shall be applicable to
the following:
A.
The business of mobile home or travel trailer sales, except that
where units are used as living quarters, they shall conform with 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 workhouse 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.
