This chapter shall be known and cited as the "Mobile/Manufactured
Home Ordinance of the Town of Somerset, Niagara County, New York."
It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the people of Somerset by the regulations
and restrictions incorporated herein.
[Added 6-11-2002 by L.L. No. 5-2002]
A. The Town Board of the Town of Somerset adopted a Mobile Home Ordinance
on May 9, 1978, as Article XII of the Town's Zoning Ordinance.
The Town Board amended the ordinance on September 10, 1996, and January
13, 1998.
B. Both amendments were preceded by numerous work sessions of the Town
of Somerset Planning Board and by public hearings conducted by the
Planning Board and the Town of Somerset Town Board. Input was received
from the Town Attorney, Town Building Inspector, Town Assessor, Town
Engineer and members of the public.
C. At the time of the amendments, there was considerable discussion
concerning the differentiation between a mobile/manufactured home,
a factory manufactured home (commonly referred to as a "modular home"),
and a "stick-built" home.
D. The amendments ultimately defined a mobile/manufactured home as a home that meets the requirements set forth in the Code of Federal Regulations of Housing and Urban Development but does not bear the insignia of approval issued by the New York State Fire Prevention and Building Code Council. See §
125-4. A factory manufactured home was defined as a home that had the insignia of approval issued by the New York State Fire Prevention and Building Code Council, thereby certifying compliance with the requirements of the New York State Uniform Fire Prevention and Building Code. See §
205-8. The amendments did not change the Zoning Ordinance's original requirement that mobile homes, now defined as mobile/manufactured homes, were restricted to mobile home parks. See §
125-15.
E. Depreciation of mobile/manufactured homes.
(1) Two recurring and interrelated themes at the work sessions and public
hearings were the aesthetic and tax base problems with allowing mobile/manufactured
homes to be located outside of mobile/manufactured home parks. It
was the opinion of the Town Assessor that mobile/manufactured homes
depreciated in value, whereas homes that met the New York State Uniform
Fire Prevention and Building Code (hereinafter referred to as "Code
homes") appreciated in value. There is a Mobile/Manufactured Home
Bluebook Official Market Report published semiannually that lists
the values of mobile homes. The report consistently indicates that
mobile/manufactured homes depreciate in value.
(2) Additionally, the Town of Somerset is located approximately 25 miles
from the Town of Lockport. Lockport is the site of the largest single
mobile home park in New York State. Many of the participants at the
work sessions and the public hearings had firsthand knowledge from
acquaintances, relatives or friends that mobile homes in Lockport
depreciated in value. The Assessor in the Town of Lockport has confirmed
that he consistently reduces the value of mobile homes as they age
but does not do the same for Code homes.
(3) Part of the reason for the depreciation is that mobile/manufactured
homes are a distinct housing stock. Although mobile/manufactured homes
are available in a wide range of sizes and prices, they usually differ
from modular or stick-built homes in that they have limited height
and width; they have a chassis; they only have one floor; they have
fewer types of roofs, roof overhangs, roof pitches and siding and,
in general, exhibit less overall variety and design.
(4) Another reason for depreciation is that under New York State law,
mobile/manufactured homes are titled with the New York State Department
of Motor Vehicles and have a vehicle identification number (VIN).
They are personalty, not realty. By their nature, and legally, mobile/manufactured
homes are mobile and can be moved or removed by repossession, leaving
behind an aesthetically unpleasing empty lot with either a hole in
the ground, if there was a permanent foundation, or concrete piers.
F. Based on the input at the work sessions and public hearings, the
Town Board finds that mobile/manufactured housing is aberrant housing
that is rationally disfavored; that mobile/manufactured housing would
have an adverse impact on the Town's tax base unless it is restricted
to mobile/manufactured home parks; and that mobile/manufactured housing
would have an adverse impact on the aesthetics in the Town's
neighborhoods unless it is restricted to mobile/manufactured home
parks.
The following definitions shall apply in the interpretation
of this chapter:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
mobile/manufactured home, and which is attached thereto or located
on the same mobile/manufactured home lot. Accessory structures include,
but are not limited to, portable, demountable or permanent enclosures,
shade structures and carports.
APPROVED
Approved by the administrative officer under the regulations
of this chapter or approved by an authority designated by law or this
chapter.
COMMUNITY AREA
An area or space within a mobile/manufactured home park,
including fences, walls and other minor structures, which is designated
for joint use of occupants or restricted to nonresidential use.
COMMUNITY STRUCTURES
A structure within a mobile/manufactured home park providing
laundry, toilet, recreation, parking or other common facilities, including
a management office and storage buildings.
GENERALLY ACCEPTED STANDARD
A specification, code, rule, guide or procedure in the field
of construction of mobile/manufactured home parks or related thereto,
recognized or accepted as authorized.
HABITABLE SPACE
Space used for living, sleeping, eating or cooking purposes,
excluding kitchenettes, bathrooms, toilet rooms, storage spaces and
enclosures for equipment installations.
MECHANICAL SYSTEMS AND EQUIPMENT
A mobile/manufactured home's electrical, plumbing, heating,
ventilating, air-conditioning systems and equipment used for living
purposes, including cooking and refrigeration equipment.
MOBILE/MANUFACTURED HOME
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built 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 includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The unit shall meet the
requirements of manufactured home construction and safety standards
as listed in the Code of Federal Regulations Housing and Urban Development,
but not bear the insignia of approval issued by the New York State
Fire Prevention and Building Code Council.
[Amended 9-10-1996 by L.L. No. 2-1996; 1-13-1998 by L.L. No. 2-1998]
MOBILE/MANUFACTURED HOME PARK
Any site, lot, field, plot, parcel or tract of land on which
two or more mobile homes are parked or located and for which use said
premises are offered to the public or to any person for a fee of any
type, including cost sharing.
[Amended 1-13-1998 by L.L. No. 2-1998]
MOBILE/MANUFACTURED HOME LOT
A designated site within a mobile/manufactured home park
for the exclusive use of the occupants of a single mobile/manufactured
home.
MOBILE/MANUFACTURED HOME STAND
That part of an individual mobile/manufactured home lot which
has been reserved for the placement of the mobile/manufactured home.
NATURAL OR ARTIFICIAL BARRIER
Any river, pond or canal of at least 200 feet in width or
a railroad embankment or any other barrier which, in the opinion of
the Planning Board, is comparable in effect to a two-hundred-foot
space requirement.
PATIO
A paved outdoor living space designed to supplement the mobile/manufactured
home living area.
PERMITTEE
Any person to whom a temporary permit is issued to maintain
a mobile/manufactured home park under the provisions of this chapter.
PERSON
Any natural individual, firm, trust, partnership, association
or corporation.
STORAGE LOCKER
An enclosed space designed to provide auxiliary general storage
space for an individual mobile/manufactured home.
STRUCTURE
Any object constructed or installed by man.
RECREATIONAL VEHICLE
See the definition of "recreational vehicle" in Chapter
80, Campgrounds and Vehicle Parks.
It shall be unlawful, within the limits of the Town of Somerset,
for any person to park any mobile/manufactured home on any street,
alley, highway or other public place. Emergency or temporary stopping
or parking is permitted on any street or highway for not longer than
one hour, subject, however, to any other and further prohibitions,
regulations or limitations imposed by law, parking regulations or
ordinances.
The size of all mobile/manufactured home parks shall be a minimum
of 25 acres, provided that the location and construction of such court
is approved by the Planning Board and the Town Board of the Town of
Somerset.
In general, mobile/manufactured home parks shall be properly
maintained so as to ensure the desirable residential character of
the property. Specifically, the following shall apply:
A. Yard maintenance. Mobile/manufactured home parks shall be maintained
reasonably free from holes and excavations, sharp protrusions and
other objects or conditions which might be a potential cause of personal
injury. Walks, steps and driveways that contain holes or tripping
hazards shall be filled, repaired or replaced as the need indicates.
Trees or limbs of trees that constitute a hazard shall be removed;
and driveways shall be clear of snow at all times.
B. Noxious weeds. Ragweed and other noxious weeds considered detrimental
to health, such as poison ivy, poison oak and poison sumac, shall
be completely eliminated from all areas of the mobile/manufactured
home park. Open areas shall be maintained free of heavy undergrowth
of any description.
C. Accessory structures. All accessory buildings or structures shall
be kept in good repair, free from health, fire and accident hazards.
They shall be of durable construction and appropriate for intended
use and location. Exterior wood surfaces of all structures that are
not inherently resistant to deterioration shall be periodically treated
with a protective coating of paint or other suitable preservative.
D. Crushed stone. All areas surfaced with stone shall be kept clear
of all forms of vegetation.
E. Infestation. Grounds and structures shall be maintained free of insect,
vermin and rodent harborage and infestation. Methods used for purposes
of extermination shall conform to generally accepted practice.
[Amended 9-10-1996 by L.L. No. 2-1996]
A. Upon application in writing by a licensee for renewal of an annual
license and upon payment of the annual license fee in an amount as
set forth from time to time by resolution of the Town Board, the Code Enforcement Officer, with the approval of the
Town Board, shall issue a certificate authorizing the Town Clerk to
renew such license for another year. If any changes have taken place
in the mobile/manufactured home park, the applicant must produce a
revised plan showing said changes before a renewal will be provided.
The application must be supported with current evidence of approval
by the New York State Department of Health if subject to provisions
of the State Sanitary Code.
B. Upon application in writing for transfer of an annual license and
payment of a transfer fee in the amount as set forth from time to
time by resolution of the Town Board, the authorized Town Clerk shall
issue a transfer to the transferee.
[Amended 6-10-1980; 9-10-1996 by L.L. No. 2-1996]
Any person violating any provisions of the chapter shall be
punished by a fine of not more than $250.