[HISTORY: Adopted by the Town Board of the Town of Cochecton 9-11-1996 by L.L. No.
4-1996. Amendments noted where applicable.]
The purpose of this chapter is to promote the general welfare
of the Town of Cochecton, including the retention of its rural character,
preservation of the qualities of its natural environment and the protection
of its inhabitants, by establishing specific requirements and regulations
governing the occupancy and maintenance of manufactured homes and
manufactured home parks.
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings ascribed to them in this section:
A transportable single-family dwelling unit intended for
permanent occupancy, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed on a chassis so that it might be towed, not including
a modular or sectional dwelling, recreational vehicle or travel trailer.
A designated site of specific total land area which is located
within a manufactured home park for the accommodation of one manufactured
home and its occupants.
A durable surface located on a manufactured home lot which
is capable of supporting and which is used for placement of a manufactured
home.
A parcel or contiguous parcels of land which has been designated
and improved for the purpose of placing three or more manufactured
homes for occupancy as single-family dwellings, including any subdivision
or land development created for such purpose.
A.
No person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Cochecton, shall use or
allow the use of such land for a manufactured home park unless a license
has been obtained as herein provided.
B.
Issuance of license.
(1)
The Town Building Inspector of the Town of Cochecton shall issue a license after approval of the application by the Town Planning Board pursuant to the manufactured home park special use and site plan review criteria in Chapter 240, Zoning.[1] Said license shall be effective from the date of issuance
until surrendered by the licensee or revoked by the Building Inspector
and shall be renewed annually based on an inspection by the Building
Inspector as to continued compliance with the standards of this chapter.
(2)
No license shall be issued until the Building Inspector has received:
(a)
A written application from the applicant on the form provided
by the Town Building Inspector.
(b)
The required fee as herein provided. Such fees shall be set
by resolution of the Town Board.
(c)
Evidence there is sufficient capacity and approval from the
Town Board to connect to the public sewer system. All improvements
shall be New York State approved and designed by a licensed professional
engineer.
(3)
The license may be transferred to a new owner of a manufactured home
park, provided all of the requirements of this chapter are met and
provided the Town is so notified.
C.
Supplemental license.
(1)
Any person holding a license for a manufactured home park who desires
to add additional lots to such park shall file an application for
a supplemental license.
(2)
The application for such supplemental license must be accompanied
by four sets of plans and specifications and shall be filed and processed
as provided herein for new manufactured home parks.
(3)
When approved, the Town Building Inspector shall issue a supplemental
license, which will be effective from the date of issuance and continue
until surrender by the licensee or revocation by the Building Inspector.
D.
The applicant shall pay the Town such fee(s) as are established by
resolution of the Town Board. Fees may be assessed for both the initial
license and to cover subsequent inspections on a periodic basis.
A.
Each application for a manufactured home park license or supplemental
license shall be in writing on a form supplied by the Building Inspector
and signed by the applicant. It shall include documentation of compliance
with the New York State Environmental Quality Review Act (SEQR).[1]
[1]
Editor's Note: See Art. 8 of the Environmental Conservation
Law.
B.
Four copies of the application and plans and related information
shall be filed with the Building Inspector. No application shall be
deemed filed until all required information shall have been filed
with the Town of Cochecton Planning Board. The Planning Board shall
advise the applicant of any such deficiencies within 30 days of its
receipt thereof.
C.
The Building Inspector promptly shall transmit copies of the application and plans to the Town Planning Board, who shall process the application pursuant to the manufactured home park special use and site plan review criteria of Chapter 240, Zoning,[2] and New York State Town Law. Should the Planning Board
determine a professional review of the application and plans by an
engineer, architect or planner is required, it shall be authorized
to retain such services, and the applicant shall be required to reimburse
the Town for such expenses, provided the expenses are ordinary and
reasonable for such work. An advance fee for this purpose may also
be required, with any unused portion to be returned to the applicant.
Such fees shall be the applicant's responsibility, regardless
of any decision or recommendation which shall be made.
D.
The Building Inspector, within 30 days of the filing of the Planning
Board decision, shall issue the license or supplemental license, provided
approval has been granted and all other requirements of this chapter
are met.
E.
Any disapprovals shall be in writing and include the reasons therefor.
The Building Inspector shall not issue a license or supplemental license,
in any instance, where the Board has not approved the site plan. If
the application is disapproved, the applicant shall have the right
to apply to the Supreme Court for a review by a proceeding under Article
78 of the Civil Practice Law and Rules.
A.
Each application shall be accompanied by four complete sets of plans
which have been prepared by a licensed land surveyor or professional
engineer.
B.
Each application shall contain the following information:
(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, including principal shareholders (more than five-percent
ownership).
(2)
The description of the land that is proposed to be used as a manufactured
home park, together with a map showing its location in the Town.
(3)
The number of lots to be provided in such manufactured home park.
(4)
The names and addresses of the owners of the property on which the
manufactured home park is to be located and a written statement signed
by the owners consenting that the premises be used for a manufactured
home park.
(5)
A full description and copies of all accompanying legal documents
relating to any proposed association of property owners, renters or
occupants which is to be charged with the responsibility for any aspect
of the management of the manufactured home park, any maintenance of
its improvements or the delivery of any of its services. Appropriate
assurances shall be secured that such an association, if one is to
be provided, shall be established and functional prior to any residential
occupancy of the park.
(6)
The names and addresses of adjoiners.
C.
A location map shall be presented with the application which shows
all land within 300 feet of the park, the location of all streets
and roads adjacent to and within the park and the location of all
water and sewer lines and utilities adjacent to and within the park.
D.
Proposed development. The application shall be accompanied by a development
plan showing the following:
(1)
The location and widths of all entrances, exits and streets.
(2)
The location, size and arrangement of each lot within the park.
(3)
The method and plan for electric lighting.
(4)
The location and plan of all proposed structures and improvements.
(5)
Detailed plans for landscaping, which shall be considered part of
the improvements to be installed or financially secured. Such landscaping
plans shall be considered an integral part of the development plan
for the manufactured home park and be prepared by a licensed landscape
architect or other professional qualified to present such plans.
(6)
Stormwater drainage control facilities.
(7)
Existing and proposed utilities, including written evidence of the
capacity and willingness of providers of those services to offer them
in connection with the manufactured home park plans presented. This
shall also include evidence of the capacity of the Town of Cochecton
public sewer system to accommodate the manufactured home park usage
and the agreement of the Town Board to offer service.
(8)
Off-street parking facilities.
(9)
Fencing and screening.
(10)
Signs and other structures.
(11)
Names of owners of adjoining properties.
(12)
Recreational facilities.
(13)
Location and type of trash receptacles.
(15)
A management and operation plan identifying responsible parties
and the details of the operation, as well as measures to comply with
these regulations.
A.
Site requirements.
(1)
The park shall be located on a well-drained site which is properly
graded to ensure rapid drainage and free at all times from stagnant
pools of water.
(2)
The park shall be at least five acres in size and have at least 200 feet of frontage on a public road. Additional park land must be contiguous to the existing park and shall not be bisected by a public road, except to the extent a new such road may be approved as part of the plan. No single manufactured home park shall exceed 100 manufactured home sites in size, unless sectioned into projects which are each of 100 or less sites and each comply fully with the standards contained herein, including exterior park buffers as provided in Subsection I(2) of this section, so as to create separate and distinct neighborhoods.
B.
Manufactured home lots.
(1)
Each manufactured home park shall be marked off into manufactured
home lots.
(2)
The total number of manufactured home lots in a manufactured home park shall not exceed four per acre after deducting the open space required by Subsection H(2) hereof from the gross acreage used in the density calculation.
(3)
Each manufactured home lot shall have a total area of not less than
10,000 square feet.
(4)
No more than one manufactured home shall be placed on any manufactured
home lot.
(5)
The lot numbers shall be legibly noted for each lot on the plans
submitted.
C.
Manufactured home placement. All manufactured homes shall be parked
or otherwise be located:
(1)
At least 50 feet from an adjacent manufactured home.
(2)
At least 100 feet from an adjacent property line of the park.
(3)
At least 75 feet from the right-of-way line of a public street or
highway.
(4)
At least 25 feet from the nearest right-of-way boundary or edge of
any roadway located within the park, whichever is nearer.
D.
Manufactured home pad. Each manufactured home lot shall have a manufactured home pad which will provide for the practical placement on a permanent foundation or the lot of both the manufactured home and its appurtenant structures and provide for the retention of the home on the lot in a stable condition. Section 240-28B(2) of Chapter 240, Zoning, having to do with foundation requirements, is applicable, and manufactured homes shall be stabilized to prevent overturning due to wind. The Town of Cochecton has a specific history of small tornados and has experienced overturned manufactured homes. Therefore, the requirements of the New York State Uniform Fire Prevention and Building Code with regard to stabilization and anchoring of manufactured homes shall be fully applicable to manufactured homes in the Town of Cochecton, although Sullivan County as a whole is exempt from these requirements.[1]
E.
Accessibility and lighting.
(1)
Each manufactured home park shall be accessible from a public highway
or street.
(2)
Where a manufactured home park has more than 16 manufactured homes,
two points of entry and exit shall be provided.
(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)
No individual manufactured home shall have direct access to
a state, county or Town road without first entering a street or driveway
in the manufactured home park leading to an exit.
(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.
(d)
All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with manufactured homes attached
and shall be at least 50 feet in width.
(3)
Each manufactured home park shall have roads to provide for the convenient
access to all manufactured home lots and other facilities within the
park.
(a)
The road system shall be so designed to permit the safe and
convenient vehicular circulation within the park. All streets shall
be built to the Town of Cochecton road specifications.
(b)
All roads shall have a minimum pavement width of 20 feet.
(c)
The roads shall otherwise be constructed in accord with the requirements set forth in Chapter 215, Subdivision of Land, and the Town Road Law.
(d)
Except in cases of emergency, no parking shall be allowed on
such street unless such street is at least 28 feet wide, in which
case parallel parking shall be allowed on one side of the street only.
(4)
All means of egress, drives and public places shall be adequately
lighted in accord with requirements of the Town of Cochecton lighting
district standards.
(5)
One nonflashing, illuminated ground sign shall be permitted on the
park. Such sign shall not be greater in area than 24 square feet and
shall not extend more than six feet above ground level. Such sign
shall be located at least 20 feet from any property line or street
right-of-way line.
F.
Parking.
(1)
Two off-street parking spaces shall be provided on each manufactured
home lot. Each space shall have a minimum width of nine feet and a
minimum length of 20 feet.
(2)
One off-street parking space or common area, readily accessible to
the occupants of the manufactured homes it is intended to serve, shall
be provided for each five manufactured home sites to accommodate guests
and delivery and service vehicles.
G.
Utilities, service facilities and storage. The following utilities
and services shall be provided in each manufactured home park in accordance
with the regulations and requirements of the New York State Department
of Health:
(1)
An adequate supply of pure water meeting New York State Department
of Health standards for drinking and domestic purposes shall be supplied
by pipes to manufactured home lots and buildings within the park.
Documentation of compliance with the Department of Health requirements
in Part 17 of the Sanitary Code shall be provided.
(2)
Each manufactured home lot shall be provided with a sewer, which
shall be connected to the manufactured home situated on the lot, to
receive the waste from the shower, tub, flush toilet lavatory and
kitchen sink in such home. No manufactured home park shall be approved
which cannot be connected to the Town of Cochecton public sewer system.
Nothing herein, however, shall require the Town to authorize such
connection if there is insufficient capacity in the system to allow
it at the time a given applicant for a manufactured home park license
makes such request. Sewer connections to unoccupied lots shall be
so sealed as to prevent the emission of any odors or the creation
of breeding places for insects.
(3)
Garbage containers with tight-fitting covers shall be provided for
each individual manufactured home, adequate to permit the disposal
of all garbage and rubbish, and the park operator shall be responsible
for all pickup service. The containers shall be kept in sanitary condition
at all times. The containers shall be stored under cover, and garbage
shall be removed and disposed of as frequently as may be necessary
to ensure that such containers shall not overflow. No dumpsters shall
be permitted.
(4)
Manufactured homes which do not contain toilets, lavatories and tubs
or showers shall not be permitted in any manufactured home park. Service
buildings shall be provided as deemed necessary for the normal operation
of the park. Such buildings shall be maintained by the owner or manager
or the park in a clean, sightly and sanitary condition.
(5)
Each manufactured home lot shall be provided with weatherproof electric
service connections and outlets which are a type approved by an electrical
inspection person or agency, as determined by the Town Code Enforcement
Officer.[2]
(6)
Each manufactured home shall be provided with a storage area for
equipment and household goods which cannot be placed inside the home.
Such storage area may be beneath the manufactured home if a walled
foundation basement area is provided or be in the form of an individual
or shared separate storage structure or garage. Such structure shall
be of sturdy construction capable of supporting local snow loads and
secured to the ground from wind damage. It shall not be placed in
any area, however, which will interfere with the setback requirements
contained herein or firesafety considerations. Decks shall be permitted,
subject to the same limitations.
(7)
All utility lines shall be placed underground.
(8)
No underground or aboveground facilities for gasoline or diesel fuel
(except for home heating purposes) shall be permitted on individual
manufactured home lots, except for containers of five gallons or less
in size.
H.
Recreation and open space.
(1)
Each manufactured home park shall provide common open space, including
recreation areas for the use of the occupants of the park.
(2)
Such open space shall be conveniently located in the park. Such open
space shall have a total area equal to at least 50% of the gross land
area of the park.
(3)
Any manufactured home park of more than 10 manufactured home sites
shall provide, as part of its open space, areas for active recreational
use. These recreation areas shall not include any wetlands, steep
slopes or other land areas unusable for development and shall consist
of contiguous land areas which can be used for active recreational
activities such as ball fields. No less than 20% of the open space
provided shall be dedicated to such recreational areas, and no individual
area so designated shall be less than two acres in size. Each manufactured
home park affected by this section shall provide at least one developed
picnic area, including tables and benches, and a system of marked
and improved trails or sidewalks connecting each manufactured home
to the recreation and other open space areas created. Unless the park
shall be restricted to senior citizens, it shall also include at least
one improved ball field. These recreational improvements shall be
included on the landscaping plans presented as part of the application
package.
I.
Landscaping.
(1)
Ground cover shall be provided on those areas not used for the placement
of manufactured homes and other buildings, walkways, roads and parking
areas.
(2)
Screening acceptable to the Planning Board and Building Inspector
shall provide for adequate shade and a suitable setting for the manufactured
homes and other facilities. A side or rear yard adjacent to an existing
developed area shall be a minimum width or depth of 100 feet, and
the 50 feet nearest to such existing developed area shall be planted
or screened with materials approved by the Planning Board and Building
Inspector. Such screening shall be designed to create and maintain
a high-quality neighborhood character for existing residents, as well
as new manufactured home park residents. Natural landscape buffers
shall be required, as opposed to fencing or other artificial measures.
It shall provide, to the maximum extent practical, for the effective
screening of other development from the view of manufactured home
residents and of all manufactured homes and accessory structures from
view by adjoiners. The Planning Board shall also require and approve
a landscaping plan for the interior of the manufactured home park
to buffer individual manufactured homes, provide shade and green areas
and ensure a wholesome living environment.
(3)
Skirting acceptable to the Planning Board and Building Inspector shall be installed along the perimeter of each manufactured home, extending from the manufactured home pad to the floor of the manufactured home unit and fully screening the area beneath the unit from view. The landscaping plan required by Subsection I(2) above shall also address landscaping of individual manufactured home sites and ensure effective separation of manufactured homes from each other for purposes of privacy as well as aesthetics.
J.
Recording. The owner or operator of each manufactured home park shall
keep a register wherein there shall be recorded the name and permanent
address of the owner and occupant of each manufactured home situated
in the court, the registration number of the same, the date it was
admitted and the date of its removal. Such register shall be signed
by the owner of the manufactured home or the person bringing the same
into the court. Such register shall be open for inspection to the
Town Building Inspector, the Town Planning Board, the Town Board or
the Town Assessor at all reasonable times. Registers shall be kept
for a period of seven years.
K.
Fire district approval and firefighting requirements.
(1)
No application for a manufactured home park license shall be approved
unless and until the appropriate officer of the applicable Town fire
district shall have reviewed the plans as well as the site and determined
the district firefighting equipment can provide adequate coverage
of the park and that there are no major obstacles in the design or
layout of the facility to providing fire protection. The applicant
shall document to the fire district and the Planning board that there
is a fire hydrant(s), with sufficient capacity to meet the firefighting
needs associated with the development, located on the site and convenient
for easy access. Water storage facilities may be provided as an alternative
to hydrants if the same are secured from access by small children.
(2)
If the fire district approval cannot be obtained because the district
lacks the specific services and facilities needed to serve the proposed
park, the Town shall be authorized, through its Planning Board and
Building Inspector, to require as a condition of special use and site
plan approval, as well as licensing hereunder, a financial contribution
from the applicant toward providing those services or facilities.
Such contribution shall be reasonable and directly related to the
costs of serving the manufactured home park.
L.
Completion of improvements and manufactured home subdivisions. No license for a manufactured home park, or any portion of a manufactured home park, shall be issued unless and until all improvements as required herein, including landscaping and screening, have been physically installed, inspected and approved by the Building Inspector, except that roads shall be approved by the Town Highway Superintendent in consultation with the Town Engineer as may be required. In those instances where a manufactured home subdivision is to be created and individual lots are to be conveyed for purposes of placing a manufactured home, all required improvements will be installed or financially secured pursuant to § 277 of the Town Law, and all other requirements of Chapter 215, Subdivision of Land, shall be met. Such subdivisions shall be subject to the development standards provided herein and in Chapter 215, Subdivision of Land, and Chapter 240, Zoning. Should the latter development standards and the standards herein conflict, the more restrictive standard shall apply.
M.
Manufactured home sales and rentals. No sales of manufactured homes
for off-site placement shall be permitted within the manufactured
home park, except for previously occupied manufactured homes sold
individually by residents of the manufactured home park. Also, no
manufactured home shall be used for rental purposes, except for temporary
periods in those instances where an individual owner of such home,
not including the manufactured home park operator, shall have placed
such home on site for purposes of personal occupancy and is no longer,
for reasons of health or circumstance, able to live there.
The Building Inspector shall enforce all of the provisions of
this chapter and shall have the right, at all reasonable times, to
enter and inspect any manufactured home park or other premises used
or for the parking or placing of manufactured homes:
A.
If the Building Inspector finds that a manufactured 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, he may serve, personally or by certified
mail to the holder of the license, 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. The Building
Inspector shall, for purposes of determining compliance with this
chapter, be authorized to make periodic inspections of all manufactured
home parks and shall be provided entry to accomplish that task. The
Town Board shall specify the frequency of such inspections and set
fees to cover costs involved.
B.
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 service of such order, the Building Inspector may suspend such
license, and the holder of the license shall thereupon terminate the
operation of such manufactured home park, provided residents have
been afforded adequate opportunities consistent with state and/or
federal law to relocate. A partial revocation of a license shall also
be permitted.
C.
However, if the owner or operator of such manufactured home park
shall thereafter correct such conditions and bring the manufactured
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 granted, the applicant shall pay to the
Town the fee required by this chapter without any credit for the fee
paid for the license which was revoked.
D.
Any license which is not used for the purpose intended within two
years of the date of issuance as evidenced by placement of the home(s)
on the designated site shall automatically expire.
A.
Any person, partnership, association or corporation 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 $100 nor more
than $500. When a violation of any of the provisions of this chapter
is continuous, each day or portion thereof shall constitute a separate
and distinct violation.
B.
In addition to the above-provided penalties, the Building Inspector
may maintain a civil action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with this
chapter or to restrain, by injunction, the violation of this chapter.
None of the provisions of this chapter shall be applicable to
the following:
A.
The business of manufactured home sales, except that, where units
are used as living quarters, they shall conform with the provisions
of this chapter.
B.
The storage of an unoccupied manufactured home; provided, however,
that such unoccupied manufactured home shall not be parked or located
between the street line and the front building line of any premises
or within any required yard area.
C.
A manufactured home located on the site of a construction project,
survey project or other similar work project which is used solely
as a field office or workhouse or toolhouse in connection with such
project, provided that such manufactured home is removed from such
site within 30 days after the completion of such project.
D.
A modular house or manufactured home, other than a double-wide manufactured
home, which is prefabricated in sections, transported to the building
site, then fastened together and anchored to a permanent and totally
enclosed masonry foundation and which has a minimum width of 24 feet
for its entire length and contains a minimum of 960 square feet of
usable living space.
The issuance of any permit or license pursuant to the provisions
of this chapter shall not be deemed to waive compliance by the holder
thereof, by the property owner or by any occupant of any court or
manufactured home park with any statute of the State of New York,
law or health regulation of the State of New York or the County of
Sullivan or the Town of Cochecton or any provision of this chapter.
A.
A manufactured home park which is lawfully in existence prior to
the enactment of this chapter may continue to be used and operated
as a manufactured home, provided:
B.
The license shall thereupon be issued even though the park does not
otherwise comply with the remaining provisions of this chapter.
C.
Additions and improvements to a park shall not be made, and manufactured
homes shall not be added to a manufactured home park, unless said
additions and improvements completely comply with this chapter.
D.
Within one year from the enactment of this chapter, existing manufactured
home parks shall comply with all provisions of this chapter, except
those which relate to features of initial design and therefore cannot
be changed.
A.
The Planning Board may, for good cause shown, authorize waivers from the strict interpretation of the provisions of this chapter affecting existing manufactured home parks and manufactured homes, except that it shall not waive any requirement which would otherwise require a variance of Chapter 240, Zoning, and necessarily be handled by the Zoning Board of Appeals. It shall be specifically authorized, pursuant to § 281 of the Town Law, to waive the development standards contained herein so as to accommodate the best possible design of the manufactured home park, provided the density of the manufactured home park shall not be increased beyond that presently permitted.
B.
Procedure for waivers.
(1)
The owner of an existing manufactured home park or manufactured home
outside a manufactured home park may apply for a variance by filing
an application with the Building Inspector, together with an application
for a license setting forth the reasons for the variance.
(2)
Fees for waiver applications shall be established by resolution of
the Town Board.
