[Added 9-6-2012 by L.L.
No. 3-2012[1]]
[1]
Editor's Note: This local also renumbered former Art. XIV
as Art. XVI.
This article applies to the use of land for manufactured home parks. All manufactured home parks shall be subject to the requirements and standards of this article. No manufactured home shall be placed within the Town outside of a manufactured home park except as provided for in § 190-101 below.
A.
All manufactured home parks shall be subject to the special use permit requirements and procedures of Article V of this chapter. Any additions to or modifications of a manufactured home park shall also be subject to the special use permit requirements of this article. Special use permits for manufactured home parks must be renewed annually.
B.
Licenses for manufactured home parks issued by the Town Board that
are in effect at the time of enactment of this article shall remain
in effect until the end of the calendar year in which they were issued.
The owner(s) of such manufactured home park(s) shall be required to
apply for a special use permit within 30 days of the end of the calendar
year in which the Town Board permit was issued. No Town Board license
for a manufactured home park shall thereafter be required.
A.
Every manufactured home park shall be at least eight acres in size
and shall be located in an area where grades and soil conditions are
suitable for use as manufactured home sites, on a well-drained site
properly graded to insure 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 manufactured home park shall be marked off into manufactured
home plots.
C.
No manufactured home shall be parked or otherwise located elsewhere
than upon a manufactured home stand.
(1)
No such stand shall be nearer than a distance of:
(a)
Thirty feet to an adjacent manufactured home in any direction.
(b)
Fifty feet to the manufactured home park property line.
(c)
Within the Rural Agricultural District, 50 feet from the right-of-way
line of any village, town or county street and 75 feet from the right-of-way
line of any state highway.
(d)
Within the Hamlet/Mixed-Use District, 50 feet from the right-of-way
line of any street.
(e)
Twenty feet to the nearest edge of any right-of-way boundary
of any street within the park.
(2)
Only one manufactured home shall be permitted to occupy any one manufactured
home plot.
D.
Each manufactured home plot shall have a manufactured home stand
that shall:
(1)
Permit the practical placement on and removal from the plot of a
manufactured home and its appurtenant structures, and the retention
of the home on the plot in a stable condition.
(2)
Be of sufficient size to fit the dimensions of any manufactured home
placed thereon, together with its appurtenant structures or appendages.
(3)
Be constructed of an appropriate durable nonporous material that
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.
E.
Every manufactured home park shall be easily accessible from a public
highway or street.
(1)
Any manufactured home park containing more than 16 manufactured homes
shall have two points of entry and exit, but no manufactured home
park shall have more than four entry and exit points.
(2)
Every entrance to and exit from a manufactured 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
conflict with the free movement of traffic on the public highways
and streets to which it connects. Every such entrance and exit shall:
(3)
Each manufactured home park shall have streets providing convenient
access to all manufactured home plots and other important facilities
within the park. All such streets shall:
(a)
Be improved to not less than the minimum street specifications
of the Town of Greenwich.
(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 fifty-foot minimum width right-of-way.
F.
G.
The following utilities and service facilities shall be provided
in each manufactured 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 manufactured home plots and service buildings
within the park, with proper connections to each building and manufactured
home.
(2)
A sewage system connected to each manufactured home and service building
situated in the park, to receive the waste from showers, tubs, toilets,
lavatories and sinks therein, and dispose of the same in a sanitary
manner. Sewer connections in unoccupied plots shall be tightly sealed
to prevent emission of gas or odors and the breeding or harboring
of insects or vermin.
(3)
Metal 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
manufactured home plot. Garbage and rubbish shall be collected and
disposed of outside of the park as frequently as may be necessary
to insure that such cans shall not overflow.
(4)
Laundry facilities at suitable locations for the convenience of the
occupants of the park. Such facilities shall be equipped with at least
one washing machine and one dryer for each 16 manufactured homes.
Such facilities shall be housed in a permanent structure or structures
which shall be adequately lighted, heated and ventilated and maintained
in a clean, orderly and sanitary condition.
(5)
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.
(6)
Weatherproof electric service connections and outlets of a type allowed
under the National Electric Code for the provision of electric service
to each manufactured home located or to be located in such park.
(7)
A storage building suitable for the secure and orderly storage of
personal property, such as bicycles, baby carriages, lawn furniture
and the like, shall be placed on each manufactured home plot for the
use of the occupants of the manufactured home thereon.
(8)
No combustible or noxious material shall be stored beneath any manufactured
home, nor shall any personal property be so stored beneath a manufactured
home so as to constitute a health hazard or other public nuisance.
H.
Each manufactured home park shall provide common open space 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 manufactured home park shall have lawn or other suitable vegetative ground cover on all areas not used for the placement of manufactured homes and other buildings, walkways, roads and parking areas. Trees or shrubs shall be provided to the extent necessary to screen views as provided for in Subsection I(2), and to provide adequate shade and a suitable setting for the manufactured homes and other facilities in the park.
(1)
Views which will be screened include, but are not limited to, laundry
facilities, gas tanks, service buildings 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.
J.
No manufactured home shall be placed in any manufactured home park
unless the same shall have a flush toilet, tub or shower, a sink,
cooking and heating facilities, and plumbing and electrical systems
for connection to outside systems, all of which comply with applicable
laws, rules and regulations.
K.
Every manufactured home park shall be sufficiently lighted during
hours of darkness to provide for the movement of pedestrian occupants
of the park to and from manufactured homes and service buildings.
L.
The owner or operator of each manufactured home park shall, on a
form to be supplied by the Town, make a permanent record of all persons
occupying each manufactured home in a manufactured home park. Such
form shall be submitted to the Town Clerk within 30 days of the initial
occupancy of a manufactured home, within 30 days of any change of
occupancy and within 30 days of a request therefor in writing by the
Code Enforcement Officer. This information shall only be used for
tax assessment purposes.
(1)
Such form shall be signed by the owner or operator of the manufactured
home park and shall contain the following information:
(a)
The name and address of each occupant of the manufactured home,
together with the age of all who are minors.
(b)
The date of arrival of the manufactured home at the park.
(c)
The name and address of the owner of the manufactured home.
(d)
The make or factory name, the year of manufacture, the color
and the overall dimensions of the manufactured homes.
(e)
The registration year and number of the manufactured home and
the state in which it was so registered.
(f)
The number of the manufactured home lot upon which such manufactured
home is located.
(2)
Within 30 days after the departure of any manufactured home, the
owner or operator of the park shall notify the Town Clerk in writing
of the date of such departure.
Manufactured home parks in existence on the date of enactment
of this article may continue in operation. Any modifications to such
existing manufactured home parks shall comply with the review and
design standards of this article.
A.
Any mobile home or manufactured home which was lawfully in existence
prior to January 1, 1999, but not located within a manufactured home
park, may continue to be occupied by the current owner or any subsequent
owner.
B.
Any owner of a mobile home or manufactured home or the owner of the
land on which such a home is located may upgrade by replacing the
mobile or manufactured home with a newer manufactured home. The newer
manufactured home shall be required to pass inspection by the Code
Enforcement Officer.
C.
The provisions of Subsections A and B are applicable for as long as the mobile home or manufactured home remains on the land it occupies. Ownership of the land and/or the mobile home or manufactured home may be transferred by inheritance, gift or conveyance; provided, however, that if for any reason the land does not have a mobile home or manufactured home thereon for a period of 30 consecutive days, then no manufactured home shall be placed on said lands except in strict conformance with this chapter.
If the Code Enforcement Officer, or any authorized representative
of the Town of Greenwich finds that any mobile or manufactured home
outside a manufactured home park is not being maintained in a clean
and sanitary condition or is not being maintained in accordance with
the provisions of this chapter, such facts shall thereupon be reported
to the Town Board, and the Town Board may direct the Code Enforcement
Officer to serve an order in writing upon the owner of the mobile
or manufactured 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 the manufactured
or mobile home should not be brought into a clean and sanitary condition.
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, cause
the manufactured or mobile home to be brought into a clean and sanitary
condition. If the Town Board finds that the manufactured home is not
being maintained in a clean and sanitary condition or if it finds
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, it may require or cause the mobile or manufactured home to
be removed forthwith from the premises.
The issuance of any approval pursuant to the provisions of this
article 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 of Greenwich of the County of Washington.
None of the provisions of this article 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 unregistered, unoccupied travel trailer on premises occupied
as the principal residence of the owner of such travel trailer, or
to the storage of one unoccupied, registered travel trailer on any
property owned by the owner of the travel trailer or for which permission
for placement of the travel trailer has been granted.
B.
A manufactured home, construction trailer 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 manufactured
home, construction trailer or travel trailer complies with all setback
requirements and is removed from such site within 30 days after the
completion of such project.
C.
Manufactured homes with a living space of at least 1,000 square feet
and which are a minimum of 24 body feet wide for their entire length
and a minimum of 40 body feet in length and which are placed on either
(1) a concrete slab with footings below the frost line in accordance
with the New York State Building Code and which have a cemented-together
permanent concrete block or poured cement enclosure between the top
of the slab and the bottom of the manufactured home; or (2) a full
basement foundation of cemented-together permanent concrete block
or poured concrete walls which rise to the bottom of the manufactured
home. Any such manufactured home shall be a new manufactured home,
shall have never before been used as a residence, and shall have been
built within the five years preceding its placement on the land.
D.
Farm worker housing. Any manufactured home used for farm worker housing
which is not occupied by an employee of the farm for a period of more
than one year shall be removed within a thirty-day period.
E.
Any owner of a residence which has been destroyed by fire, flood or other natural disaster may make application to the Town Board for a permit for the temporary placement of a manufactured home or travel trailer to be used as shelter until the residence is rebuilt. Such permit shall be for a period of six months, renewable for up to another six months as is deemed necessary by the Town Board upon good cause shown. Permits shall be granted only upon a showing of hardship. Hardship may be demonstrated by showing that temporary use of the manufactured home or travel trailer is the most cost-effective method, or that use of the manufactured home or travel trailer will avoid the dislocation of school-age children to another school district, or for other good cause shown. The manufactured home or travel trailer shall conform to all applicable building and sanitation codes when installed on the plot. Failure to remove a manufactured home or travel trailer upon expiration of a permit shall be a violation of this chapter and the penalty provisions of § 190-92 shall apply.
