This chapter is adopted pursuant to the authority granted to
the Town of Hartford in Articles 2 and 3 of the Municipal Home Rule
Law and § 130(21) of Article 9 of the Town Law. This chapter
shall be known as the "Town of Hartford Law Regulating Mobile Homes
Outside of Mobile Home Parks."
It is the purpose of this chapter to promote the health, safety
and general welfare of the inhabitants of the Town of Hartford by
establishing specific minimum requirements and regulations governing
the location, occupancy and maintenance of mobile homes outside of
mobile home parks within the Town of Hartford.
Expect where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words in the present
tense include the future, words in the singular include the plural,
and the plural the singular.
APPLICANT
Any person, as herein defined, who shall submit an application
to the Town Board for the approval of a mobile home permit.
COUNTY
The County of Washington, State of New York.
FARM
Land used by the owner of the property in agricultural production,
of not less than 10 acres in size, used in the preceding two years
for the production for sale of any agricultural product, including
but not limited to crops, maple syrup, livestock and livestock products
of an average gross sales value of $10,000 or more.
FARM WORKER
An individual who is employed on a farm for a minimum of
20 hours per week.
LOT
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by the law, to be used,
developed or built upon as a unit.
LOT AREA
Total area within the property lines excluding any part thereof
lying within the boundaries of a public highway or proposed public
highway.
LOT FRONTAGE
The distance between the boundaries of a lot measured at
their points of intersection with the road line.
MOBILE HOME
Includes, but is not necessarily limited to, a house, trailer,
mobile home or any other residential structure or vehicle originally
designed, built, constructed or manufactured to be conveyed upon highways
or streets, either whole or in sections, whether the same is situated
or located upon wheels, jacks, foundations (temporary or permanent),
slabs or otherwise, and/or whether or not added to or made part of
another building or structure, including "manufactured homes" and
"mobile homes" as defined under § 233(4) and (5) of the
New York State Real Property Law and does not come within the definition
of a "factory manufactured homes" known as "modular homes" or "double-wides."
A mobile home shall be construed to remain a mobile home, subject
to all regulations applying thereto, whether or not wheels, axles,
hitch or other appurtenances of mobility are removed.
MOBILE HOME LOT
A designated site of specific total land area for the accommodation
of one mobile home and its occupants.
MOBILE HOME PARK
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.
MODULAR HOME
A modular home or double-wide is a dwelling house transported
to the permanent building site either whole or in sections and which
complies with the New York State Building Code for conventional residential
dwellings. The undercarriage of a double-wide must be removed prior
to issuance of a certificate of occupancy.
OWNER
Any person who has record title to all or any portion of
the real property upon which the mobile home will sit, or a contract
vendee who occupies the real property under a recorded land sale contract,
or a tenant who has a ninety-nine-year lease to all or any portion
of the real property upon which the mobile home will sit.
PERSON
Any individual, corporation, governmental authority, trust,
estate, partnership, association, two or more persons having joint
or common interest, or any legal entity.
ROAD LINE
Right-of-way line of road as dedicated by deed or record.
Where the width of the road is not established, the road line shall
be considered to be 25 feet from the center line of the road pavement
of traveled way.
TOWN
The Town of Hartford, County of Washington, State of New
York.
Each mobile home located in the Town shall meet the following
requirements:
A. Each mobile home shall have no less than 600 square feet interior
dimension living area, with a base pad and shall have a HUD seal lawfully
affixed thereto, as required by 24 CFR 3280, and a map/placard affixed
within the mobile home indicating that the mobile home is acceptable
and meets or exceeds standards of New York State.
B. No mobile home may be more than 10 years old measured from the HUD
seal and up to the date that the application for a permit is submitted.
This provision shall not apply to a conforming mobile home that passes
inspection and permitted mobile homes within the Town at the time
of sale or transfer. In this case, the mobile home must comply with
this chapter in all other respects and will need a new permit and
will need a full inspection and must comply with the recommendations
based upon the inspection.
C. Each mobile home shall be maintained in a clean, sanitary and habitable
condition.
D. Each mobile home shall contain, at a minimum, a kitchen and bathroom,
as defined by the New York State Uniform Fire Prevention and Building
Code.
E. Each mobile home shall have an adequate and independent supply of
potable water, evidenced by a microbiological test certified by a
laboratory; a flow test, indicating a flow of not less than five gallons
per minute for two hours, for drinking and domestic purposes supplied
by pipes to all mobile homes, with proper connections to the mobile
home. Said test shall be obtained at the sole cost, if any, of the
applicant.
F. Each mobile home shall have its own septic system approved by the
Washington County Enforcement Officer. Said approval shall be obtained
at the sole cost, if any, of the applicant.
G. Each mobile home shall have its own electrical service approved by
a certified electrical inspector. Said approval shall be obtained
at the sole cost, if any, of the applicant.
H. Only one mobile home shall be served by each water, septic and electrical
system. With respect to the water source, this provision shall not
apply to farm mobile homes.
I. Each mobile home lot shall be at least one acre with frontage on
an open public highway or private road.
J. No other mobile home, building or structure shall be placed on the
mobile home lot, except a garage or storage building, which shall
be considered an accessory to said mobile home. It shall be the responsibility
of the applicant to obtain any other necessary permits. This section
does not apply to mobile homes on a farm.
K. The mobile home shall be set back at least 75 feet from the center
of the highway or road and located a minimum of 35 feet from the adjoining
property line(s).
L. The mobile home may not be used as an office for business; except that the mobile home may be used as a home business, as defined in Chapter
105, Site Plan Review, §
105-8, of the Town Code, as may be amended from time to time.
M. The mobile home shall be located in an area where grades and soil
conditions are suitable for use as mobile home sites, as may be determined
by the Enforcement Officer.
N. Mobile homes may be rented or leased as long as said mobile home
meets all Town, county and state laws or regulations which may apply.
O. The Town Board shall have the sole discretion to allow for a temporary
mobile home to be erected on a lot where the owners of the lot are
constructing a personal residence on said lot. The mobile home shall
be removed within 30 days of the completion of construction of the
residence.
P. The mobile home shall not be used for the purpose of storage.
Q. In the event there is a change of occupancy of a permitted mobile
home, the mobile home shall be reinspected within 30 days of said
change in occupancy by the Enforcement Officer to ensure that it still
meets the requirements of this chapter.
Each mobile home lot shall have a base pad. Every such base
pad shall meet the requirements as set by Washington County, as may
be amended from time to time, and shall:
A. Allow for the practical placement or the removal from the lot of
a mobile home and its appurtenant structures and the retention (tie
downs) of the mobile home on the lot in a stable condition;
B. Be of a sufficient size to fit the dimensions of any mobile home
placed thereon, together with its appurtenant structures or appendages;
C. Have a durable surface and be suitably graded to permit rapid surface
drainage; and
D. Be made of concrete and be at least six inches thick and shall be
acceptable to satisfy the requirements of this section and should
have tie downs properly imbedded in the base pad concrete in a number
sufficient to satisfy the Enforcement Officer.
The Town Board may grant a permit to the owner or lessee of
a farm to set up a mobile home to be occupied only by a farm worker
and his family, who is employed on said farm where the mobile home
is to be located, or by a family member of an owner of the farm where
the mobile home is located. The mobile home must comply with this
chapter in all respects, except it does not need a separate source
of water, but requires an adequate and potable supply of water. In
the event the mobile home becomes unoccupied on an operating farm,
the mobile home may remain on the farm as long as it is maintained
in a clean, sanitary, habitable condition.
The Enforcement Officer is authorized to grant a special permit
for certain construction trailers without the approval of the Hartford
Town Board. This provision expressly and strictly applies only to
an office trailer located on the site of a construction project, survey
project or other similar project and which is used solely as a field
office or work or tool house in connection with such project, provided
that such trailer is removed from such site within 30 days after the
completion of such project. The permit shall be valid for no more
than one year from the date of issuance. The permit may be renewed
at the discretion of the Town Board.
It is the intent of this chapter to discontinue and abate nonconforming
mobile homes. However, any mobile home which shall be lawfully in
use at the time this chapter takes effect may be continued at its
permitted location, although such use does not conform to the provisions
of this chapter. The grandfathered status may be transferred. However,
in the event it is transferred, the transferee must comply with all
aspects of this chapter, including the application process and all
inspections. In the event the mobile home no longer complies with
this chapter (with the exception of the aspect or feature which is
grandfathered) it must be removed from the property within 30 days,
or such longer reasonable extension as approved by the Town Board,
as provided in this law, and may not be replaced.
The applicant shall be responsible to meet all additional state,
federal, local, county or other municipal laws or regulations which
may apply. The Enforcement Officer and the Town are only responsible
to enforce specific provisions of this chapter and are not responsible
for ensuring compliance with other applicable laws and regulations.
If a police officer or the Enforcement Officer finds that any
mobile home outside of a mobile home park 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 said Town Board may direct the
Town Clerk to serve an order in writing upon the holder of the permit,
the owner of the mobile home, or the owner of the premises on which
it is located, or any or all of the aforementioned persons, directing
that the condition therein specified be remedied within five days
after the date of service of such order. If such condition is not
corrected, after the expiration of the five-day period the Town Board
may cause a notice in writing be served upon the person(s) upon whom
such order was served, requiring the appearance of the person(s) so
served before the Town Board at a time to be specified in such notice
to show cause why such permit should not be revoked. The Town Board
may, after a hearing at which testimony of witnesses may be taken
and the person(s) so served shall be heard, revoke such permit if
the Town Board shall find that said mobile home is not being maintained
in accordance with the provisions of this chapter or if it finds that
any fee provided for in this chapter has not been paid. Upon the revocation
of such permit, said mobile home shall be removed forthwith from the
premises, within five days following receipt of the notification of
revocation of the permit.
This chapter shall apply to all mobile homes which are occupied
as dwelling units or are proposed to be occupied as dwelling units
within the Town of Hartford's geographical limits on or after the
effective date of this chapter. This chapter shall not apply to mobile
homes being used for a home business or which are being displayed
for sale as a part of a mobile home sales business.