A.
Permits required.
(1)
No person being the owner or occupant of any land or premises within
the Village of Dundee shall use or permit the use of said land or
premises as a mobile home park without obtaining a permit therefor
as hereinafter provided.
(2)
Homes installed after March 31, 1985, require a building permit–certificate
of zoning compliance from the Building Inspector having jurisdiction
in the Village.
[Added 5-23-1989 by L.L. No. 2-1989]
(3)
A building permit–certificate of zoning compliance is required
in order to install a mobile home in a mobile home park.
[Added 5-23-1989 by L.L. No. 2-1989]
B.
Application for permit.
(1)
The application for each mobile home park permit shall be in writing
and signed by the applicant. It shall state:
(a)
The name and address of the applicant.
(b)
The name and address of each partner if the applicant is a partnership.
(c)
The name and address of each officer and director if the applicant
is an association or a corporation.
(d)
The location and description of the proposed mobile home park.
(e)
The name and address of the owner or owners of such premises.
(f)
The number of lots to be provided in the proposed park.
(2)
The application shall be accompanied by two sets of plans and specifications,
drawn to scale, showing the layout of the park, the location, size
and arrangement of each lot, location of streets, location of water
and sewage services and location of garbage receptacles.
(3)
When applicable, the application shall show the location and number
of toilets, lavatories and showers. One set of plans shall be retained
by the Zoning Officer and the second set retained with the application.
Where the applicant is not the owner of the premises, the application
shall also be accompanied by a certified or photostatic copy of the
lease of the premises.
C.
Referral to and action of Planning Board[2] and Village Board. The application shall be filed with
the Village Clerk, who shall thereupon transmit the same to the Zoning
Officer. Such application shall indicate compliance by the applicant
with the minimum requirements as established by rules and regulations
of the State Department of Health and by the Sanitary Code of the
State of New York. The Zoning Officer shall, after an on-site investigation,
transmit the application to the Planning Board, who shall inspect
the proposed site, and to the Village Board, together with his written
approval or recommendations pertaining thereto. All such applications
shall, after investigation and recommendation by the Planning Board,
be approved or rejected by resolution of the Village Board, and the
applicants shall be notified in writing by the Village Clerk of the
motion taken thereon. If said application shall be rejected, the applicant
shall have the right to appear before the Village Board for a hearing.
D.
Issuance of permit; term; transfer. The Village Clerk, upon the written
application and upon the approval of the same by the Zoning Officer
and by resolution of the Village Board, and upon the receipt of the
fee hereinafter provided, shall issue a permit to become effective
from the date thereof and to continue in force through the 31st day
of December next succeeding. The permit shall cover the use of the
premises therein specified as a mobile home park, which permit shall
specify the number of lots which may be used in said park. The permit
shall not be transferable or assignable.
E.
Supplemental application and permit. If a person holding a permit for a mobile home park shall, during the year for which such permit has been issued, desire to add additional lots to such park, such person shall make an application for a supplemental permit for such additional lots which shall be accompanied by two sets of plans and specifications as required by Subsection B of this section. Such application for a supplemental permit shall be filed and handled in the manner provided by Subsection C of this section. If the application for the supplemental permit shall be approved by the Building Inspector and the Village Board, it shall, by resolution, direct the issuance of the supplemental permit, and the Village Clerk, upon receipt of the fee hereinafter provided, shall issue a supplemental permit to become effective from the date thereof and to continue in force through the 31st day of December next succeeding and shall specify the number of lots which may be used in said park in addition to the number of lots authorized by the original permit. In succeeding years, the annual permit herein provided shall include the number of lots authorized by the original permit and the number of lots authorized by any supplemental permit or permits issued to such person during the preceding year.
F.
Annual fee. The annual fee for a permit to operate a mobile park
shall be the sum of $1 multiplied by the number of lots authorized
by the permit to be used in such mobile home court, but the minimum
fee for such permit shall be $25, and the fee for a supplemental permit
issued to the holder of a permit shall be computed and determined
in the same manner.
G.
Mobile park specifications. The mobile home park shall conform to
the following requirements:
(1)
The park shall be located on a well-drained site, properly graded
to ensure rapid drainage and free from stagnant pools of water.
(2)
Each park shall be subdivided and marked off into mobile homes lots.
Each lot shall have an area of not less than 5,000 square feet and
have a minimum dimension of 50 feet. No more than one mobile home
shall be permitted to occupy any one lot. All mobile homes in a mobile
home park must be fully skirted.
(3)
Durable surfaced driveways to each mobile home lot shall be provided
to ensure safe and easy access under normal use and weather conditions.
(4)
A recreation area equipped with benches and play equipment shall
be provided in every mobile home park. The area shall contain a minimum
of 500 square feet for each mobile home contained in the mobile home
park.
(5)
A mobile home shall be so placed on each lot that it shall be a distance
of at least 20 feet from the next mobile home in such park in any
direction. No mobile home lot shall be located within 50 feet of any
public highway or street lines nor within 25 feet of any adjacent
property line.
H.
Water supply. An adequate supply of pure water for drinking and domestic
purposes shall be supplied by pipes to all buildings and mobile home
lots within the park to meet the requirements of the park. Each mobile
home lot shall be provided with proper water connections.
I.
Sewers. Each mobile home lot shall be provided with a sewer not less
than four inches in diameter, which shall be connected to receive
the waste from the shower, bathtub, flush toilets, lavatory and kitchen
sink of the mobile home harbored in such lot and having any and all
of such facilities. The sewer in each lot shall be connected to discharge
the mobile home wastes into a public sewer system in compliance with
applicable laws 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. Sewer connections in unoccupied lots shall be so
closed that they will not emit any odors nor cause a breeding place
for insects.
J.
Garbage and rubbish. 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 not farther than 100 feet
from any mobile home lot. The cans shall be kept in sanitary condition
at all times. Garbage and rubbish shall be collected and disposed
of not less than once a week or as frequently as may be necessary
to ensure that the garbage cans shall not overflow.
K.
Electrical service. Each mobile home park shall provide weatherproof
electric service connections and outlets for each lot, to be of an
approved type.
[Amended 5-23-1989 by L.L. No. 2-1989]
L.
Required records. The owner or operator of each mobile home park
shall keep a record in writing of all persons occupying or using the
facilities of such mobile home park, which record shall include the
following:
(1)
The name and permanent identifying address of the occupant of each
mobile home.
(2)
The name and address of the owner of each mobile home which is not
occupied by the owner.
(3)
The time and date of arrival and departure of the mobile home.
(4)
The license of the vehicle and manufacturer's serial number and description.
M.
Right of inspection. Any peace officer, Zoning Officer, Health Officer
or any authorized representative of the Village of Dundee shall have
the right, at any reasonable time, to enter any mobile home park and
shall have the right to inspect all parts of said park, but not the
individual mobile homes located therein, and to inspect the records
required to be kept in any mobile home park, to obtain satisfactory
compliance with this chapter.
N.
Violations; reports; corrections; revocation of permit.
(1)
If a peace officer, Zoning Officer, Health Officer or any person
authorized by resolution of the Village Board to make an inspection
of a mobile home park finds and reports to the Village Board that
a mobile home park for which a permit has been issued is not being
maintained in a clean and sanitary condition or is not being conducted
in accordance with the provisions of this chapter, the Village Board
by resolution may authorize the personal service upon the holder of
the permit of an order in writing which shall require the holder of
the permit to correct the conditions specified in such order within
10 days after the service of such order.
(2)
If the holder of such permit shall refuse or fail to correct the
condition specified in such order within 10 days after the personal
service of such order, the Village Board may, by resolution, revoke
such permit to maintain and operate such mobile home park, and the
holder of such permit shall thereupon terminate the operation of such
mobile home park. The holder of such permit may appear before the
Village Board to appeal the order. In such case, a public hearing
shall be held, and the order of the Village Board shall not be in
effect until after the public hearing. However, if the owner or operator
of such mobile home park shall thereafter correct such conditions
and bring such mobile home park into compliance with this chapter
and all other applicable law, such person may then apply for the issuance
of a new permit for such mobile home park, and if the application
is granted, the applicant shall pay to the Village Clerk the fee required
by this chapter without any credit for the fee paid for the permit
which was revoked.
O.
Renewal of permit; time limit; Village Board action. Application
for the renewal of any mobile home park permit, if issued pursuant
to this chapter, must be filed with the Village Clerk on or before
the first day of December next preceding the expiration of the permit.
The renewal application shall be in writing and signed by the applicant
and shall contain the same information as required in the original
application for permit. Such renewal application need not be accompanied
by a plan of the mobile home park unless changes have been made nor
is it necessary that said renewal application be accompanied by a
copy of the lease of the premises unless a new lease has been entered
into subsequent to the time of filing the previous application. Upon
approval by the Building Inspector and by resolution of the Village
Board, the Village Board shall direct that a renewal permit be issued
effective upon the expiration of the prior permit and continue in
force for a period of one year. Such renewal permit shall not be transferred
or assigned. The applicant shall, at the time the renewal permit is
issued, pay the required fee.
P.
Special requirements for dependent mobile homes. Any mobile home
park, in which is parked or located any dependent mobile home, shall
provide the same with drinking water, toilets, showers and other sanitary
facilities which shall conform to the following requirements:
(1)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all buildings and mobile home lots within
the park. Each lot shall be provided with a cold-water tap.
(2)
The toilet and other sanitary facilities for males and females shall
be either in separate buildings or shall be separated, if in the same
building, by soundproof walls.
(3)
One male and one female flush-type toilet and lavatory shall be provided
for every 10 mobile homes of the camper variety, along with one shower
with individual dressing accommodations.
(4)
An adequate supply of hot and cold running water shall be provided
for each shower and lavatory.
(5)
Service buildings housing the toilets and sanitary facilities shall
be permanent structures complying with all applicable provisions of
law regulating buildings, electrical installations and plumbing and
sanitation systems and shall be located not closer than 20 feet nor
further than 200 feet from any park unit.
(6)
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, including 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 building shall be of water-impervious
material.
(7)
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 menance the health of any occupant or the public or constitute
a nuisance.
A.
Compliance with New York State Uniform Fire Prevention and Building
Code. No owner or occupant shall permit the construction of any additions
to a mobile home located in a mobile home park in the Village without
obtaining a building permit—certificate of zoning compliance
from the Zoning Officer as required by the New York State Uniform
Fire Prevention and Building Code applicable in the Village of Dundee.
[Amended 5-23-1989 by L.L. No. 2-1989]
B.
Storage buildings. Additions which are intended to provide storage
space shall be permitted on the side of the mobile home which does
not face a public street.
C.
Lot restrictions. All provisions of this chapter which are related
to setbacks and location upon the lot shall be applied to additions.
Mobile homes located outside of mobile home parks shall be considered standard dwellings and shall be subject to the same zoning regulations as standard dwellings. Regulations contained in §§ 138-43 and 138-44 of this Article do not pertain to mobile homes located outside of mobile home parks, except that all such mobile homes shall be fully skirted.
