[HISTORY: Adopted by the Town Board of the Town of Kingsbury 10-12-1982. Amendments
noted where applicable.]
It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the inhabitants of the Town of Kingsbury
by establishing specific minimum requirements and regulations governing
the occupancy and maintenance of mobile homes, mobile home parks,
travel trailers and travel trailer camps.
The County of Washington.
Land used in agricultural production, of not less than 10
acres, used in the preceding two years for the production for sale
of crops, livestock and livestock products of an average gross sales
value of $10,000 or more.
One who is employed on a farm for a minimum of 20 hours per
week.
The person or persons appointed by the Kingsbury Town Board
to enforce the provisions of this chapter.
A structure transportable in two or more sections that in
the traveling mode is eight feet or more in width or 40 feet or more
in length or when erected on the site is 320 square feet minimum and
that was built on or after June 15, 1976, on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities and including plumbing, heating,
air conditioning, and electrical systems contained therein. The term
"manufactured home" shall also include any structure that meets all
the requirements of this definition except the size requirements with
respect to which the manufacturer voluntarily files a certification
required by the Federal Department of Housing and Urban Development
and complies with the standards established by the National Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicles.
[Added 2-25-2013 by L.L. No. 1-2013]
A movable or portable dwelling unit that was built prior
to June 15, 1976, and designed and constructed to be towed on its
chassis, comprised of frame and wheels connected to utilities, and
designed and constructed without a permanent foundation for year-round
living, excluding travel trailers. The definition of mobile homes
shall apply to all single-section manufactured homes.
[Amended 9-12-1988 by L.L. No. 5-1988; 2-25-2013 by L.L. No. 1-2013]
A designated site of specific total land area within a mobile
home park for the accommodation of one mobile home and its occupants.
Any parcel of land whereon two or more mobile homes are parked
or located or which is planned and improved for the placement of two
or more mobile homes and which is held open to the public for the
parking or placement of mobile homes.
An area prepared for the placement and support of a mobile
home.
Any company, corporation or individual who has record title
of all or any portion of proposed park.
The Town of Kingsbury.
Any parcel of land whereon two or more travel trailers are
parked or located, or which is planned and improved for the placement
of two or more travel trailers and which is held open to the public
for the parking or placement of travel trailers.
Any vehicle designed or used or intended to be used for temporary
living quarters for travel, recreational or vacation purposes.
No person, partnership, association or corporation being the
owner, lessee or occupant of any land within the Town of Kingsbury
shall use or allow the use of such land for a mobile home park or
trailer camp unless a license therefor has been obtained as herein
provided.
A.
Each application for a license for a mobile home park or trailer
camp shall be in writing and signed by the applicant. The application
shall state:
(1)
That the application is for a mobile home park or a trailer camp
license, as the case may be.
(2)
The names and addresses of the applicant and of the owner or owners
of the premises upon which the park or camp is to be located, and:
(3)
A complete legal description of the land upon which the park or camp
is to be located.
(4)
The number of mobile home lots or trailer lots to be provided in
the park or camp.
(5)
Any special covenants or restrictions between the owners of the park
and the tenants shall be submitted with the application.
B.
Such application shall be filed with the Town Clerk in triplicate.
C.
Such application shall be accompanied by three complete sets of plans
and specifications prepared and certified by a registered architect,
licensed professional engineer or licensed surveyor. Such plans shall
show the date thereof and the name of the applicant, be drawn to a
scale, unless otherwise directed by the Planning Board, of not more
than 50 feet to one inch, show contour intervals of not greater than
five feet, indicate the North point thereof, and shall show and identify:
(1)
The location of the land proposed to be used as a mobile home park
or trailer camp.
(2)
The boundaries of the park or camp.
(5)
All proposed development within the park or camp, including:
(a)
Entrances, exits, streets and walkways, with suitable indication
of the widths thereof.
(b)
Each proposed mobile home lot or trailer lot, driveway, parking
area and refuse collection area, with suitable indication of the dimensions
thereof.
(c)
Structures and improvements.
(d)
Grading and landscaping.
(e)
Stormwater drainage.
(f)
Utilities and service facilities.
(g)
Public improvements proposed by the Town in or adjoining the
park or camp within 300 feet thereof.
(h)
Any existing zoning.
D.
Such plans shall include three sets of appropriate detailed drawings
of and specifications for proposed structures, utilities and other
improvements and shall show the method and plan for exterior lighting
within the park.
E.
Such application shall also be accompanied by plans approved by the
New York State Department of Health or other acceptable certificate
indicating compliance by the applicant with all pertinent rules and
regulations of the New York State Department of Health and with the
State Sanitary Code.
F.
If the applicant is not the owner of the premises upon which the
proposed park or camp is to be located, such application shall also
be accompanied by an original or certified copy of a lease of the
premises to the applicant and a statement signed and acknowledged
by the owner or owners of the premises consenting that the premises
be used as a mobile home park or trailer camp, as the case may be.
G.
Such applications shall be accompanied by the proper application
fee as hereinafter provided.
A.
Upon receipt of a license application as hereinabove provided, the
Town Clerk shall indicate the date of receipt thereon and promptly
transmit one copy of the application and all accompanying plans and
specifications and other supporting documents to the Inspector, and
one copy thereof to the Town Planning Board for review and report
pursuant to § 274 of the Town Law of the State of New York.
The Town Clerk shall also place a notice in the official Town newspaper
or newspapers to the effect that such an application has been filed.
B.
The Inspector shall promptly ascertain whether the park or camp concerned
complies with the requirements of this chapter and applicable rules
and regulations of the New York State Department of Health and the
Sanitary Code of the State of New York. The Inspector shall, after
such investigation, and within 30 days of the date of receipt of the
application by the Town Clerk, transmit his written approval or disapproval
of the application and his recommendations pertaining thereto to the
Planning Board.
C.
The Planning Board shall, at its next regular monthly meeting, consider
the location and the general arrangement of the mobile home park or
trailer camp, including 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,
type and extent of landscaping and screening materials. The Planning
Board shall, after such consideration and within 15 days of this meeting,
communicate in writing to the applicant any request for more information
and for the answers to any unresolved questions.
D.
The Planning Board at its next regular monthly meeting shall consider
both written and verbal replies by the applicant to its request for
additional information and shall, by resolution, indicate its approval
or disapproval of the application. A majority of the entire Planning
Board membership shall be required for approval. The Planning Board
Secretary shall notify the applicant of the Planning Board's
decision, in writing, within five days thereof.
E.
If the application is approved by the Planning Board, the Inspector
shall, upon receipt of the applicable license fee herein provided
together with the actual cost to the Town of any engineering or other
similar services incurred by the Town in the consideration of the
application, issue a license to be effective from the date thereof
through the 31st day of December next succeeding. Such license shall
specify the number of mobile home lots or trailer lots which may be
used in the park or camp to which it pertains.
F.
If an application is disapproved by the Planning Board, the applicant
may present an appeal to the Zoning Board of Appeals. The hearing
conducted by the Zoning Board of Appeals shall include the reasons
for denial of the application by the Planning Board. Approval by the
Zoning Board of Appeals after denial of the application by the Planning
Board shall require a majority plus one of the entire Board membership.
G.
No such license shall be transferable or assignable.
A.
Any person holding a license for a mobile home park or trailer camp
and desiring to add additional lots to such park or camp shall file
an application for a supplemental license.
B.
The application for such supplemental license shall be made and shall be considered in the same manner as an application for a license for a mobile home park or trailer camp as provided in §§ 185-4 and 185-5 hereof. All supplemental licenses shall be effective from the date of issue to the 31st day of December next succeeding.
A.
An application for the renewal of any mobile home park or trailer
camp license shall be made with the Inspector on or before the first
day of December preceding the expiration date of such license.
B.
If the applicant for a renewal license is not the owner of the premises to which the application pertains, the renewal application shall be accompanied by the documents described in § 185-4F hereof.
C.
The Inspector shall determine if the provisions of this chapter are
being complied with by the applicant. If they are, upon receipt of
the applicable fee, he shall issue the renewal license to be effective
for a period on one year commencing on the first day of January following
the expiration of the prior license.
D.
No renewal license shall be transferable or assignable.
A.
Every mobile home park shall be at least two acres in size and shall
be located in an area where grades and soil conditions are suitable
for use as mobile home sites, on a well-drained site properly graded
to ensure rapid drainage and be free at all times from stagnant pools
of water. The park shall be free or shall be made free from heavy
or dense growth of brush and woods.
B.
Every mobile home park shall be marked off into mobile home lots.
C.
No mobile home shall be parked or otherwise located elsewhere than
upon a mobile home stand.
(1)
No such stand shall be nearer than a distance of:
(a)
Thirty feet from an adjacent mobile home in any direction.
(b)
Forty feet from an adjoining property line.
(c)
Seventy-five feet from the center line of any state or county
street or highway and 65 feet from the center line of a Town street
or highway.
(d)
Twenty feet from the nearest edge of any right-of-way boundary
of any street within the park.
(2)
Only one mobile home shall be permitted to occupy any one mobile
home lot.
D.
Each mobile home lot shall have a mobile home stand. Every such stand
shall:
(1)
Permit the practical placement or the removal from the lot of a mobile
home and its appurtenant structures and the retention of the home
on the lot in a stable condition.
(2)
Be of sufficient size to fit the dimensions of any mobile home placed
thereon, together with its appurtenant structures or appendages.
(3)
Be constructed of an appropriate durable nonporous material which
is adequate for the support of any load which may reasonably be expected
to be placed thereon.
(4)
Have a durable surface and be suitably graded to permit rapid surface
drainage.
(5)
No structural additions or attached structures shall be constructed
or permitted for a mobile home.
[Added 2-25-2013 by L.L. No. 1-2013]
E.
Every mobile home park shall be easily accessible from a public highway
or street.
(1)
Any mobile home park containing more than 16 mobile homes shall have
two points of entry and exit, but no mobile home park shall have more
than four entry and exit points.
(2)
Every entrance to and exit from a mobile home park shall be so designed
and located as to provide safe and convenient movement of persons
and vehicles into and out of the park and to minimize friction with
the free movement of traffic on the public highways and streets to
which it connects. Every entrance and exit shall be:
(3)
Each mobile home park shall have streets providing convenient access
to all mobile home lots and other important facilities within the
park. All such streets shall:
(a)
Be improved to not less than minimum oil-and-stone road specifications
of the Town of Kingsbury.
(b)
Be so designed as to permit safe and convenient vehicular circulation
within the park.
(c)
Be adapted to the topography and have suitable alignment and
gradient for traffic safety.
(d)
Intersect at right angles.
(e)
Have a thirty-foot minimum width or right-of-way.
(f)
Be maintained to a minimum width of 20 feet.
F.
G.
The following utilities and service facilities shall be provided
in each mobile home park and shall be constructed and maintained in
accordance with the regulations and requirements of the New York State
Department of Health and the Sanitary Code of New York State.
(1)
An adequate supply of pure water for drinking and domestic purposes
supplied by pipes to all mobile home lots and service buildings within
the park, with proper connections to each building and mobile home.
(2)
A sewage system connected to each mobile home and service building
situated in the park, to receive the waste from showers, tub, toilets,
lavatories and sinks therein and dispose of the same in a sanitary
manner. Sewer connections in unoccupied lots shall be tightly sealed
to prevent emission of gas and odors and the breeding or harboring
of insects or vermin.
(3)
Garbage cans with tight-fitting covers, in quantities adequate to
permit the disposal of all garbage and rubbish from the park. Such
cans shall be kept covered and in sanitary condition at all times.
An adequate supply of such cans shall be kept within 100 feet of each
mobile home lot. Garbage and rubbish shall be collected and disposed
of outside of the park as frequently as may be necessary to ensure
that such cans shall not overflow.
(4)
Other service buildings as deemed necessary for the normal operation
of the park. Such buildings shall be maintained in a clean, orderly
and sanitary condition.
(5)
Underground weatherproof electric service connections and outlets
of a type approved by the New York State Board of Fire Underwriters,
for the provision of electric service to each mobile home located
or to be located in such park; unless underground service is not economically
feasible.
(6)
A storage building or other suitable place for the secure and orderly
storage of personal property, such as bicycle, baby carriages, lawn
furniture and the like, shall be placed on each mobile home lot for
the use of the occupants of the mobile home thereon. No combustible
or noxious material shall be stored beneath any mobile home, nor shall
any personal property be so stored beneath a mobile home as to constitute
a health hazard or other public nuisance.
H.
Each mobile home park shall provide common open space, not including
roads, conveniently located for the use of the occupants of such park.
Such space shall have a total area equal to at least 10% of the gross
land area of the park.
I.
Every mobile home park shall have lawn or other suitable vegetative
ground cover on all areas not used for the placement of mobile homes
and other buildings, walkways, roads and parking areas. Trees or shrubs
shall be provided to the extent necessary to screen objectionable
views and to provide adequate shade and a suitable setting for the
mobile homes and other facilities in the park.
(1)
Views which shall be screened include, fuel tanks and other nonresidential
uses, garbage storage and collection areas and all abutting yards
of adjacent properties.
(2)
Other planting shall be provided along those areas within the park
which front upon public highways and streets to reduce glare from
automobile headlights and provide pleasant outlooks for the living
units.
J.
No mobile home shall be placed in any mobile home park unless the
same shall have a flush toilet, a tub or shower, a sink, cooking and
heating facilities and plumbing and electrical systems for connection
to outside systems, all which comply with all applicable laws, rules
and regulations.
K.
Every mobile home park shall be sufficiently lighted during hours
of darkness to provide for the movement of pedestrian occupants of
the park to and from mobile homes and service buildings.
L.
The owner or operator of every mobile home court shall keep a permanent
record in writing, of all persons occupying or using the facilities
of such court, which shall include the following:
M.
Construction shall commence not later than 90 days from date of approval
of application.
A.
All of the provisions of § 185-8 hereof shall apply to every trailer camp, except as otherwise provided in this section. For the purpose of the regulation of travel trailers and trailer camps, such § 185-8 shall be read and construed as if the terms "mobile home," "mobile home lot," "mobile home park," and "mobile home stand" read "travel trailer," "trailer lot," "trailer park" and "trailer stand."
B.
The total number of trailer lots in any trailer camp shall not exceed
12 per gross acre.
C.
Each trailer lot shall have a total area of not less than 2,500 square
feet with a minimum dimension of 30 feet.
D.
No travel trailer shall be parked or otherwise located nearer than
a distance of 20 feet from an adjacent travel trailer in any direction.
E.
The following utilities and service facilities shall be provided
in each trailer camp and the same shall comply with the regulations
and requirements of the New York State Department of Health and the
Sanitary Code of New York State.
(1)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all buildings and trailer lots within
the camp to meet the requirements of such camp. Each lot shall be
provided with a cold-water tap, the waste from which shall be emptied
into a drain connected to an approved disposal system.
(2)
Toilet and other necessary sanitary facilities for males and females
shall be provided in permanent structures. Such facilities shall be
housed in either separate buildings or in the same building. In the
latter case, such facilities shall be separated by soundproof walls.
The male and female facilities shall be marked with appropriate signs
and have separate entrances for each.
(3)
Such toilet and other sanitary facilities shall be provided in the
following manner:
(a)
Male facilities shall consist of not less than: one flush toilet
for every 20 trailers; one urinal for every 20 trailers; one lavatory
for every 10 trailers; one shower, with an adjoining dress compartment
of at least 16 square feet for every 10 trailers.
(b)
Female facilities shall consist of not less than: one flush
toilet for every 10 trailers; one lavatory for every 10 trailers;
one shower, with an adjoining dress compartment of at least 16 square
feet for every 10 trailers.
(c)
Provide a dumping station facility.
(4)
Lavatory and shower facilities shall be supplied with hot and cold
running water.
(5)
The buildings housing such toilet and sanitary facilities shall be
well-lighted at all times of the day and night, shall be well-ventilated
with screened openings, shall be constructed of moistureproof material,
shall be well-heated and shall be clean and sanitarily maintained
at all times. The floors of such buildings shall be of water-impervious
material.
(6)
Such buildings shall not be located nearer than 40 feet nor further
than 400 feet from any travel trailer.
(7)
Laundry facilities at suitable locations for the convenience of the
occupants of the park. Such facilities shall be equipped with at least
one operating washing machine and one operating dryer. Such facilities
shall be housed in a permanent structure or structures which shall
be adequately lighted, heated and ventilated. Such facilities shall
be maintained in a clean, orderly and sanitary condition.
(8)
Not less than one public telephone.
F.
Waste from all buildings and trailer lots shall be discharged into
an approved public or private sewer system in such manner as not to
present a health hazard.
A.
No mobile home shall hereafter be parked or otherwise placed within
the Town and outside a licensed mobile home park, except as follows:
(1)
The Planning Board may grant a permit, for a period not to exceed one year to the owner of land within the Town who intends to construct on such land a dwelling house for his own occupancy or his employee's occupancy. The owner of the land may place or park a mobile home on such land for his own occupancy or his employee's occupancy during the construction of such dwelling. Said permit may be renewed only once, without a fee, for a period not to exceed one year. The mobile home shall be removed from the premises upon expiration of the permit. In addition to the application form, the owner shall furnish the information of § 185-10B(1) and the following data:
(2)
The Inspector may grant a permit, for a period not to exceed one year, to the owner or occupant of land within the Town of Kingsbury to temporarily replace an occupied dwelling destroyed by fire or other disaster in accordance with § 185-10D. Said license is not transferable and becomes void if ownership of the land changes or if the mobile home is unoccupied for more than 90 consecutive days. Said permit may be renewed only once, without a fee, for a period not to exceed one year. In addition to the application form the owner shall furnish the information of § 185-10B(1) and the following data:
(3)
The Planning Board may grant a permit to the owner of a farm, who
can demonstrate substantial need, to set up a mobile home or mobile
homes to be occupied only by a farm worker or workers and his or their
families. Such need may include data on the number of cows being milked,
acreage farmed, size of greenhouse operation, size of stable operation
or other appropriate considerations. Each mobile home shall be located
on a lot of at least 75 feet by 100 feet and shall be no closer than
100 feet to the farm house or any farm building. The lot(s) shall
be free from drainage problems and fenced off from farm animals. Said
license shall be valid for 12 months from the date of issue.
(4)
Mobile homes shall not be permitted in any other circumstances. The
Inspector may grant a permit for a manufactured home on a site in
a zone specifically allowing such use. Such manufactured home shall:
[Added 4-13-1987; amended 2-25-2013 by L.L. No. 1-2013]
(5)
Within 30 days prior to the expiration of a permit for a mobile home
or manufactured home outside a mobile home park, the owner shall renew
said permit, without a fee, with the Building Inspector. For mobile
homes permitted for farm use, evidence of the farmworker-occupant's
employment on the farm, such as a W-2 form or its equivalent, shall
accompany the renewal application.
[Amended 4-13-1987; 2-25-2013 by L.L. No. 1-2013]
B.
The owner of land, as above provided for, shall file an application
and three copies for a license with the Town Clerk.
(1)
Each such application for a mobile home shall be in writing and signed
by the applicant. This application must state and be accompanied by
the following:
(a)
The name and address of the applicant.
(b)
The location and description of the land.
(c)
A plan drawn to scale of not smaller than one inch equals 20
feet. This plan must show the boundaries of the land, the location
of the mobile home on the land, the location and plan for the proposed
water and sewage disposal systems and the location of adjacent properties
and structures.
(d)
A certified or photostatic copy of the deed to the land which
indicates that the applicant is the owner of such land.
(2)
Review of applications.
(a)
The Town Clerk shall transmit the completed application to the
Town Inspector.
(b)
Upon receipt, the Inspector shall review all applications'
compliance with the provisions of this chapter and the requirements
of the County or State Department of Health.
(c)
With respect to an application for a permit for a mobile home
to temporarily replace an occupied dwelling destroyed by fire or other
disaster, the Inspector shall issue or deny the permit within five
days of receipt of the application.
(d)
With respect to an application for a permit for a mobile home
for use during new construction and for farm use, the Inspector shall
transmit the application along with his written findings to the Planning
Board within 30 days of receipt of the application.
(3)
The Planning Board shall review the application and the findings
of the Inspector and, by resolution, within 30 days of its next regular
meeting, indicate its approval or disapproval of a mobile home for
use during new construction or a mobile home for farm use.
(4)
The Inspector or Planning Board shall notify the applicant of the
decision and issue a permit to the applicant if the application was
approved.
C.
If an application for a permit to place a mobile home outside a mobile
home park is denied by the Town Inspector or the Planning Board, the
applicant may appeal said decision to the Town Zoning Board of Appeals.
Approval by the Zoning Board of Appeals after denial of the application
by the Planning Board shall require a majority plus one of the board
membership.
D.
Any mobile home parked or placed outside a duly licensed mobile home
park shall have an adequate supply of pure water for drinking and
domestic purposes and a sewage disposal system. Both systems shall
satisfy the requirements of the New York State Department of Health.
E.
No occupied mobile home outside a duly licensed mobile home park
shall be parked or placed nearer than:
F.
Not more than one nonfarm mobile home shall be placed or parked on
any parcel of land which is located outside a licensed mobile home
park.
A.
A mobile home which is lawfully in existence prior to the enactment
of this chapter but not located in a mobile home park may be continued
to be used as living quarters by its occupants, provided that:
(1)
The owner of the land upon which such mobile home is located shall
register such mobile home with the Town Clerk within 30 days of the
effective date of this chapter. Such registration shall be accompanied
by a description of the parcel and of the mobile home, and a statement
of the ownership of each.
B.
C.
No structural additions or attached structures shall be constructed
or permitted for a mobile home.
[Added 2-25-2013 by L.L. No. 1-2013]
No travel trailer used as a permanent residence shall hereafter
be parked or otherwise placed within the Town unless such travel trailer
is parked or placed in a duly licensed trailer camp.
The Inspector of the Town of Kingsbury, shall enforce all of
the provisions of this chapter.
A.
If a police officer, the Inspector, or any authorized representative
of the Town finds that any mobile home park or trailer camp is not
being maintained in a clean and sanitary condition or is not being
conducted in accordance with the provisions of this chapter, or that
the applicable fees provided for in this chapter have not been paid,
or that the applicable registration provisions of this chapter are
not being carried out, such facts shall thereupon be reported to the
Town Board. Said Town Board may direct the Town Clerk to serve an
order in writing upon the holder of the license for such park or camp
directing that the conditions therein specified be remedied within
10 days after date of service of such order.
B.
If such conditions are not corrected after the expiration of said
ten-day period, the Town Board may cause a notice in writing to be
served upon the holder of said license requiring the said holder to
appear before the Town Board at a time to be specified in such notice
and show cause why such license should not be revoked. The Town Board
may, after a hearing at which testimony of witnesses may be taken,
and the holder of the license shall be heard, revoke such license
if said Town Board shall find that the said park or camp is not being
maintained in a clean and sanitary condition, or that any provision
of this chapter has been or is being violated or that the fees provided
for in this chapter have not been paid or for other sufficient cause.
Upon the revocation of such license, the premises shall immediately
cease to be used for the purpose of a mobile home park or trailer
camp and all mobile homes and travel trailers, as the case may be,
shall forthwith be removed herefrom and the land returned to its original
condition.
If a police officer, the Inspector or any authorized representative
of the Town finds that any mobile home outside a mobile home camp
is not being maintained in a clean and sanitary condition or is not
being maintained in accordance with the provisions of this chapter,
or that the fee provided for in this chapter has not been paid, such
facts shall thereupon be reported to the Town Board, and the said
Town Board may direct the Town Clerk to serve an order in writing
upon the holder of the license, the owner of the mobile home or the
owner of the premises on which it is located, or any or all thereof,
directing that the condition therein specified be remedied within
five days after the date of service of such order. If such conditions
are not corrected, after the expiration of said five-day period, the
Town Board may cause a notice in writing to be served upon the person
or persons upon whom such order was served requiring the appearance
of the person so served before the Town Board at a time to be specified
in such notice and show cause why such license should not be revoked.
The Town Board may, after a hearing at which testimony of witnesses
may be taken and the person or persons so served shall be heard, revoke
such license if the Town Board shall find that the said mobile home
is not being maintained in a clean and sanitary condition or if they
find that any provision of this chapter has been violated or that
any fee provided in this chapter has not been paid or for any other
sufficient cause. Upon the revocation of such license, the said mobile
home shall be removed forthwith from the premises.
[Amended 5-9-1983 by Ord. No. 952]
Any person who violates any provisions of this chapter shall
be guilty of a violation against such chapter punishable by a fine
of not more than $250 and not more than 15 days imprisonment. In addition,
the violation of this chapter or any of the provisions thereof shall
subject the person, firm or corporation violating the same to a civil
penalty in the sum of $50 and when a violation of this chapter or
any of the provisions thereof is continuous each 24 hours thereof
shall constitute a separate and distinct violation, said penalty to
be recovered by the Town of Kingsbury in a civil action. The application
of the above penalty or penalties, or the prosecution for the violation
of the provisions of this chapter shall not be deemed to prevent the
revocation of any license issued pursuant thereto or the enforced
removal of conditions prohibited by this chapter.
The issuance of any license pursuant to the provisions of the
chapter shall not be deemed to waive compliance by any person with
any statute of the State of New York or law, ordinance or health regulation
of the Town or of the county.
None of the provisions of this chapter shall be applicable to
the following:
A.
The storage or garaging of travel trailers, not being used for living
or sleeping purposes, within a building or structure or to the storage
of one unoccupied travel trailer on premises occupied as the principal
residence of the owner of such travel trailer; provided, however,
that such unoccupied travel trailer shall not be parked or located
between the street line and the front building line of such premises.
B.
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 work or tool house 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.
C.
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 contains a minimum of
800 square feet of usable living space.
Where there are practical, difficult or unnecessary hardships
in the way of carrying out the strict letter of provisions of this
chapter, the Town Board, after review and recommendation by the Planning
Board, shall have the power in a specific case to vary any such provisions
in harmony with the general purpose and intent of this code, so that
the public health, safety and general welfare may be secured and substantial
justice done.
After consideration of any application's potential impact
upon the health, safety and welfare of the Town, the Planning Board
and/or the Zoning Board of Appeals may impose reasonable conditions
upon the issuance of any special permit within the scope of this chapter.
