[HISTORY: Adopted by the Town Board of the Town of North
Collins 7-10-1974 by L.L. No. 1-1974 (Ch. 116 of the 1991 Code). Amendments
noted where applicable.]
The purpose of this chapter is to promote and protect the public
health, welfare, safety, order, conduct, comfort, convenience, prosperity
and well-being of persons and property in the Town of North Collins,
including those occupying mobile homes or operating mobile home courts,
by providing specific safeguards, standards, rules and regulations
for the design and operation of mobile home courts, by providing that
mobile home courts be established and maintained in accord with plans
and specifications and in a uniform manner approved by the Town Board
after review and recommendation by the Planning Board, by providing
that mobile homes be located in duly licensed mobile home courts,
by making provision for the parking, storage or temporary licensing
of mobile homes outside mobile home courts and by requiring that all
mobile home courts be duly licensed and periodically inspected.
A.
When not inconsistent with the context, words used in the present
tense include the future tense, and plural and singular connotations
are interchangeable.
B.
ALL-WEATHER HARD SURFACE
APPROVE
CODE ENFORCEMENT OFFICER
COURT SITE PLAN
COURT STREET
DRIVEWAY
ENFORCEMENT OFFICER
FIRE COMPANY
LICENSE
MOBILE HOME
MOBILE HOME COURT
MOBILE HOME DOUBLE-WIDTH
MOBILE HOME STAND
MOBILE HOME UNIT
PATIO
PERSON
SERVICE BUILDING
SHALL
TOWN BOARD
TOWN CLERK
TOWN HIGHWAY SUPERINTENDENT
TOWN PLANNING BOARD
USED
Unless clearly indicated otherwise by context, the following terms,
words and phrases, when used in this chapter, for the purpose of this
chapter, shall have the meanings respectively ascribed to them in
this section:
Macadam, concrete or the equivalent, as approved by the Town
Highway Superintendent.
Find to be conforming to the provisions of this chapter.
The duly appointed enforcement officer of the Town of North
Collins.
The plan required of an applicant to be filed for a license
to establish, maintain and operate or enlarge, alter or change a mobile
home court in the Town of North Collins pursuant to the provisions
of this chapter, showing sufficient detail and otherwise documented
as to be conforming to the provisions of this chapter.
A private way which affords a principal means of access to
individual court units or auxiliary buildings.
A minor private way used by vehicles and pedestrians on a
mobile home court unit. This area may constitute off-court street
parking.
The person duly appointed by the Town Board to enforce the
provisions of this chapter. Unless otherwise designated by the Town
Board, the Code Enforcement Officer shall be the "enforcement officer."
The organization, public or private, authorized by the Town
of North Collins or by state law to provide fire prevention and fire-protection
services to any or all areas of the Town of North Collins.
A written certification duly issued by the Town of North
Collins authorizing and permitting the operation or alteration and
extension of a mobile home court or the temporary location of a mobile
home under the provisions of this chapter.
A movable or portable single-family unit or dwelling designed
and constructed for quick mobility by towing on its own chassis, comprised
of a frame and wheels, completely manufactured and assembled off site
without a permanent foundation for transportation to a location, for
year-round living, provided and equipped with facilities or simple
connecting devices for connection to utility and sanitary sewer services.
Said unit may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later to provide additional cubic capacity
as well as two such separately towable components designed and manufactured
to be joined into one integral unit capable of being again separated,
into the components for repeated towing. A "mobile home" shall not
include travel, camping or similar type trailers designed to be used
principally as a temporary or seasonal dwellings for travel, recreational
or vacation uses having a body width not exceeding eight feet and
a body length not exceeding 32 feet which may be operated independently
of utility or sanitary sewer connections or prefabricated modular
units used in residential construction.
A parcel of land which has been designed and improved for
the placement of mobile homes for nontransient use and cannot be platted
and filed as a subdivision with the Erie County Clerk, as provided
herein.
The combination or linkage of two purposely designed single-width
mobile homes on a common mobile home court unit for the purpose of
providing expanded interior area for single-family residential purposes.
That part or area of an individual mobile home unit which
has been reserved for the placement of a mobile home, exclusive of
any appurtenances.
A designated lot or space for rent or lease only in any mobile
home court which shall be designed for and assigned to occupancy by
one mobile home, either single- or double-width.
A surfaced outdoor living space designed and intended to
supplement the interior mobile home living area on a seasonal, warm-weather
basis.
An individual, firm, partnership, corporation or other legal
entity, whether tenant, owner, lessee, lessor, licensee, agent, employee,
heir or assignee.
A structure housing sanitary, operational, office, recreational,
maintenance or other facilities built to conform to required standards
of this chapter.
Mandatory and required at all times.
The duly elected Town Board of the Town of North Collins.
The duly elected Town Clerk of the Town of North Collins.
The duly elected Town Highway Superintendent of the Town
of North Collins.
The duly appointed Planning Board of the Town of North Collins.
Includes the term "designed or intended to be used."
No mobile home shall be placed, parked, situated, stored, located, installed, displayed, occupied or otherwise used on any land situate in the Town of North Collins, outside the Incorporated Village of North Collins, New York, unless otherwise provided herein or permitted by Chapter 265, Zoning, of the Town of North Collins, except on a mobile home stand in a mobile home unit of a duly licensed mobile home court.
A.
All mobile home courts hereinafter operated or located in the Town
of North Collins, New York, shall be duly licensed and periodically
inspected as hereinafter provided.
B.
No license shall be required for a mobile home located and installed,
with all utility services connected thereto and otherwise in full
compliance with the provisions of this chapter, on a designated mobile
home stand in a mobile home unit of a mobile home court for which
a license as hereinafter provided shall have been duly issued and
is in full effect.
A.
The Town Clerk of the Town of North Collins, upon written application and upon payment of the required fee as established by the Town Board, shall issue a temporary license to park or to display for sale one mobile home, subject to the following terms and conditions: A license to park, but not to occupy, or a license to offer or display for sale, but not occupy, one mobile home in any R-A, C-1 or C-2 District of the Town, as defined by Chapter 265, Zoning, of the Town of North Collins, may be issued for a period not to exceed six months, provided that the mobile home is so located as to be inconspicuous from any public highway and at least 100 feet from any dwelling on any adjacent lot.
B.
An application for a temporary license shall be accompanied by an
accurate diagram or drawing showing the precise location proposed
as the site at which such mobile home is to be parked, the zoning
district of such site and the distance therefrom to the nearest public
highway and to the nearest dwelling on any adjacent lot. Before issuing
a temporary license, the Town Clerk shall cause the proposed site
to be viewed to ensure that such site is so located as to be inconspicuous
from any public highway. The term of a temporary license may be once
renewed for a period not to exceed three months.
C.
Temporary emergency parking, for a period not to exceed seven days,
of a mobile home on premises, public or private, in the Town of North
Collins while awaiting repairs shall not require a license nor be
considered in violation of this chapter but shall be subject to any
other restrictions imposed by law, ordinance or parking regulations.
D.
No temporary license shall be required for the storage or parking
of an unoccupied mobile home wholly within a garage or other completely
enclosed structure.[1]
[1]
Editor's Note: Original Section 4-00(e), Temporary permit
— mobile home on full-time farming operation, as added 9-6-1989
by L.L. No. 1-1989, was repealed 12-4-1991 by L.L. No. 2-1991. However,
the Town Board resolved on 7-3-1991 that licenses currently held under
said L.L. No. 1-1989 be effective until 15 years from the date of
deletion.
The licensing provisions of this chapter shall not apply to
a legally existing mobile home which was lawfully located on any land
in the Town of North Collins as a legal and permitted land use prior
to the effective date of this chapter.
A.
The original application for a mobile home court license shall be
filed with the Town Clerk. Such application shall be accompanied by
or contain the following:
(1)
Five copies of an appropriate mobile home court site plan as hereinafter
provided, drawn to scale and prepared under the seal of a professional
engineer or land surveyor duly licensed by the State of New York.
(2)
A certificate or certification attesting that such site plan has
been duly approved by the Erie County Health Department.
(5)
Five copies of uniform terms of lease forms and uniform court rules
and regulations proposed for utilization in the rental, use, occupancy
and operation of the mobile home court, as hereinafter provided.
(6)
The appropriate filing fee.
B.
One copy of the application, with all supporting documents, shall
be distributed by the Town Clerk to each of the following: the Assessor,
the Code Enforcement Officer, the Town Planning Board, the Town Highway
Superintendent and the Office of the Town Clerk. Upon receipt of the
original application and the proper filing fee as established by the
Town Board, the Town Board shall, in turn, refer the application to
the Town Planning Board for study and recommendations. Following the
recommendation of the Planning Board to the Town Board, the Town Board
may approve the plan as filed.
C.
The Town Clerk shall thereafter issue a license to the applicant
for such mobile home court upon completion of the plan as filed and
the granting of a certificate of completion by the enforcement officer
as hereinafter provided.
A.
A mobile home court license shall expire on the 30th day of June
following the date of issuance but may be renewed, subject to the
provisions of this chapter, for additional periods of one year each.
If the initial license does not coincide with the June 30 date, the
fee for such initial license shall be prorated.
B.
A mobile home court license shall not be transferred without approval
of the Town Board.
A.
Unless otherwise provided in this chapter, the standards, rules and
regulations herein provided shall apply to the establishment, maintenance
and operation of all mobile home courts, to all original applications
for a mobile home court license, to all applications for renewal of
a mobile home court license and to all applications for any transfer
thereof.
B.
No exception shall be granted by the Town Board except upon a finding that, because of unusual circumstances of shape of the premises, topography of the premises or other existing conditions, an extraordinary hardship would result from strict compliance therewith, in which event the Board may vary the applicability thereof so that substantial justice is done and the public interest is served. No variance shall be granted that permits or requires less than substantial compliance with the provisions of this chapter or which shall have the effect of nullifying the intent or purpose thereof, the requirements of the Erie County Department of Health or of Chapter 265, Zoning, of the Town of North Collins.
A.
Mobile home court site plan. A mobile home court site plan shall
cover a single tract or parcel of land containing not less than 20
contiguous acres in area, shall provide for no fewer than 10 completed
mobile home units and shall show or otherwise document:
(1)
The location, boundaries, dimensions and topography of the tract
of land proposed to be used for the mobile home court.
(2)
The number, location and size of all spaces designated or reserved
for independent mobile home units to be licensed thereunder and all
service outlets and connections therefor.
(3)
The location of each mobile home stand and patio within each mobile
home unit to be licensed thereunder.
(4)
The boundaries of and facilities to be included in all recreation
areas.
(5)
The location, size and electric lighting plan for all roads, walks
and outdoor areas.
(6)
The location of all service buildings and all other proposed structures.
(7)
The location, type and capacity of water supply, distribution and
storage, sewage treatment and disposal and stormwater drainage facilities
to be provided.
(8)
Five copies, under the architect's seal, of the plans and specifications
for all service buildings and other improvements to be constructed
within the mobile home court.
(9)
Suitable plans and specifications for landscaping to be performed
within and around all areas of the mobile home court.
(10)
The location proposed for the storage of any and all unoccupied
mobile homes and the exact dimensions thereof, including a statement
certifying the maximum number of mobile homes to be stored or parked
thereon at any given time.
(11)
Such other information in such detail as may be reasonably required
by Town or other lawful reviewing authorities.
B.
Mobile home court design standards.
(1)
Each mobile home unit containing a single-width mobile home shown
on said plan shall be at least 50 feet wide and shall contain in area
a minimum of 5,000 square feet. Each mobile home unit containing a
double-width mobile home shown on said plan shall be at least 65 feet
wide and shall contain in area a minimum of 6,500 square feet Each
mobile home unit shall about on a court street with access to a public
highway. Each unit shall be clearly defined, and mobile homes shall
be parked or otherwise located within the area of such unit so that
no mobile home shall be:
(a)
Less than 20 feet from any other mobile home.
(b)
Less than 10 feet from any side line of any mobile home court
unit.
(c)
Less than 55 feet from any public right-of-way. The Planning
Board of the Town may, however, for stated reasons, recommend a greater
setback. The minimum setback as approved by the Town Board shall not
be used for accessory uses or for recreation or vehicular parking.
If such setback area is part of the mobile home court premises, such
setback area shall be satisfactorily landscaped as shown on the mobile
home court site plan and shall be maintained in a mowed condition.
(d)
Less than 25 feet from any property line of property abutting
the mobile home court site.
(e)
Less than 15 feet from any court street.
(f)
Less than 15 feet from the rear line of any mobile home court
unit.
(2)
Each access between a public right-of-way and a mobile home court
shall be not less than 100 feet in width.
(3)
Suitable vehicular access shall be provided to each mobile home court
unit. Each court street shall be well marked and continuous and shall
connect with a street or highway at a 90° angle, and at least
a twenty-foot width shall be improved and maintained with an all-weather
hard surface, on a suitable base, subject to the approval of the Town
Highway Superintendent. All court streets shall be illuminated as
per standards required for residential subdivisions in the Town of
North Collins. The maintenance of all court streets and snow removal
therefrom shall be the responsibility of the mobile home court owner.
(4)
The mobile home court owner shall provide and maintain a driveway
for each mobile home unit. Each driveway shall connect to a court
street. The driveway shall not be less than eight feet in width and
shall be improved and maintained with an all-weather hard surface
on a suitable base, subject to the approval of the Town Highway Superintendent.
The driveway shall extend a minimum of 20 feet beyond the required
fifteen-foot unit front setback, but in no case shall it extend beyond
the mobile home stand.
(5)
An area or areas restricted to recreational uses shall be provided
in each mobile home court. A minimum of 500 square feet per mobile
home court unit shall be made available in one or more places within
the court for this use, provided that at least one such area restricted
to recreational usage shall not be less than 1/2 acre in area. The
Planning Board of the Town may require suitable fencing and landscaping
of such areas for screening purposes.
(6)
Each mobile home unit shall be provided with a patio of concrete
at least eight feet by 10 feet in area and four inches in depth. Such
patio shall not be used as a parking space, and no portion of the
mobile home shall be located on such patio.
C.
Service buildings in mobile home courts.
(1)
Each mobile home court shall be provided with at least one or more
service buildings which shall:
(a)
Be located at least 20 feet from any mobile home unit, court
street, road or driveway, excepting its own driveway.
(b)
Be of moisture-resistant material with well-drained floors to
permit washing and cleaning.
(c)
Be of permanent construction and adequately lighted.
(d)
Have adequate heating facilities to maintain a temperature of
70° F. during cold weather and to supply a minimum of three gallons
of hot water per hour per mobile home court unit during the time of
peak demand.
(e)
Have all rooms well ventilated, with all openings effectively
screened.
(f)
Provide automatic commercial washing and drying machines at
the ratio of two washers and one dryer for under 25 mobile home court
units and four washers and two dryers for over 25 mobile home court
units.
(2)
Such facilities shall be maintained in proper operating condition
at all times.
(3)
Standards adopted by the Erie County Department of Health shall be
used to determine the sufficiency of toilet and laundry facilities
provided in any and all mobile home courts in the Town of North Collins.
D.
Utilities in mobile home courts.
(1)
No mobile home court license shall be issued unless and until the
water system thereof is connected to and serviced by a water supply
and distribution system approved by the Erie County Health Department
and until the water system, sewer system and all utilities of the
mobile home court have been connected and completed to each mobile
home stand and to each service building. No common drinking cups or
other utensils shall be permitted. Drinking water facilities shall
not be placed in any toilet room or water closet compartment.
(2)
All plumbing in a mobile home court shall be constructed and maintained
in accordance with standards approved by the Erie County Health Department
and with all applicable state and local laws and regulations.
(3)
All waste from showers, tubs, toilets, laundries, faucets, sinks
and lavatories shall be wasted into a public sewer system or a private
sanitary disposal system whose design, capacity, construction, operation
and use are approved by the Erie County Health Department.
(4)
An electrical outlet shall be provided for each mobile home stand.
The installation of said outlet shall comply with standards approved
by the American Insurance Association, or its successors, and with
all applicable state, county and Town laws and regulations. The use
of coal or coke for heating, lighting or cooking shall be prohibited
in all mobile homes and in any service building.
E.
Refuse disposal in mobile home courts. The storage, collection and
disposal of refuse in a mobile home court shall be so managed as to
create no health or accident hazards, rodent harborage, insect breeding
areas or pollution of air or water. All refuse shall be stored in
flytight, watertight and rodentproof containers, which shall be provided
in sufficient number and capacity to prevent any refuse from overflowing.
Insect- and rodent-control measures to safeguard the public health,
as recommended by the Erie County Health Department, shall be applied
in all mobile home courts.
A.
Each mobile home court shall be subject to the fire prevention rules
and regulations applicable to the Town of North Collins. The owner
or operator of each mobile home court shall furnish and maintain in
each mobile home and in each service building at least one carbon-dioxide
fire extinguisher of approved size and design, or its equivalent,
in proper working order.
B.
The owner or operator of each mobile home court shall inspect all
mobile homes upon entry into the court and shall require as a condition
precedent to entry into the court that each mobile home be equipped
or installed with at least one automatic smoke detector located on
or at the ceiling outside and adjacent to each sleeping area. The
alarm device shall emit a signal readily audible throughout the mobile
home. Detector failure shall be indicated by an adequate visual or
audible trouble signal.
A.
Each mobile home court owner or operator shall maintain a register
containing a permanent written record of all mobile homes and occupants
using the mobile home court, which shall be made available to any
authorized person inspecting the mobile home court, shall be preserved
for a period required by the enforcement officer and shall contain
the following:
(1)
The names and addresses of all mobile home occupants residing in
the court.
(2)
The make, model and license number and the name and address of the
owner of each motor vehicle registered to or operated by an occupant
and parked in the court.
(3)
The manufacturer's serial number, model designation, name of
manufacturer, date of manufacture and the New York State seal serial
number of each mobile home parked in the court and the name and address
of the owner.
(4)
The dates of arrival and departure of each mobile home.
(5)
A statement signed by the owner of the court and by the owner or
lawful occupant of each mobile home consenting to entry therein by
the enforcement officer, fire company officials or other duly authorized
persons for the purpose of inspecting the fire-protection equipment
required by this chapter.
B.
In every mobile home court, there shall at all times be a building
in which shall be located the office of the operator or persons in
charge of said court. A mobile home may be approved by the Town Board
to serve as said office instead of a separate building, but it must
be conspicuously identified as the office. A copy of the mobile home
court license and a copy of this chapter and all subsequent amendments
thereto as may be made from time to time shall be posted in said office.
The court register shall at all times be kept in said office.
C.
It shall be the duty of every attendant or person in charge, together
with the owner or licensee, to:
(1)
Keep the court register.
(2)
Maintain the court in a clean, orderly and sanitary condition at
all times.
(3)
Prohibit the use of any mobile home by a greater number of persons
than it is designed to accommodate.
(4)
Comply with and make such inspections as may be necessary to ensure
that there are no violations of this chapter and be liable for and
pay to the Town Clerk any mobile home court occupancy fees as may
now or hereafter be required by law.
A.
No mobile home may be permanently affixed to the ground.
B.
The living or storage space of any mobile home licensed hereunder
or located in a duly licensed mobile home court shall not be increased
without first obtaining a permit from the enforcement officer.
C.
Appurtenances.
(1)
Unless prohibited by the owner or operator of the mobile home court,
the following temporary appurtenances may be permitted within a mobile
home court unit:
(a)
A freestanding carport.
(b)
A freestanding, completely enclosed storage shed not to exceed
the following dimensions: 10 feet wide, 10 feet long and eight feet
from ground level in height.
(c)
Awnings or canopies attached to mobile homes.
(d)
Screened or open patios and a seasonal storm shelter, provided
that no storage is afforded in such shelter or patio.
(2)
Any permit for the aforesaid appurtenances shall be approved by the
Town Board.
(3)
None of the aforesaid appurtenances shall be located closer than
10 feet to any mobile home court unit line or to the rear of the front
setback.
D.
No occupied mobile home shall be located in a mobile home court in
any area other than upon a mobile home court unit.
E.
Mobile home courts shall at all times be maintained in a clean and
sanitary manner in accordance with the provisions of this chapter
and with any other requirements imposed as a condition of granting
a license or any renewal thereof. Nothing in this chapter shall be
construed to abrogate any of the provisions of the public health rules
and regulations of the Erie County Health Department or of the public
health laws of the State of New York. In the event of inconsistencies
existing between the provisions of this chapter and said county or
state code or laws, said code or laws shall govern.
F.
A licensed mobile home court may not be altered, extended or otherwise
changed and the number of mobile home units for which a certificate
of completion and mobile home court license have been issued may not
be altered, extended or otherwise changed without the approval of
the Town Board pursuant to the filing and approval of an amended site
plan covering such alterations, extensions or other changes.
G.
Each mobile home shall be secured to its mobile home stand by properly
installed tie-downs.
H.
Each mobile home shall be fully skirted on all sides by a metal manufactured
material similar in appearance to the home it skirts.
I.
The owner or operator of each mobile home court shall establish uniform
court rules and regulations and uniform lease forms in the rental,
use, occupancy and operation of the mobile home court, true and complete
copies of which and all amendments thereto shall be filed with the
Town Board and shall be subject to Town Board approval. A copy of
the court rules and regulations and all amendments thereto, as approved
by the Town Board, shall be posted in the court office.
A.
Before a mobile home court commences operation, the enforcement officer
shall make an inspection of the premises to determine that the site
plan has been completed and that all of the requirements of this chapter
have been complied with before he grants and issues a certificate
of completion.
B.
In no event shall a certificate of completion be issued for fewer
than a minimum of 10 mobile home units for which all improvements
have been installed and provided as required by this chapter.
[Amended 12-4-1991 by L.L. No. 2-1991]
C.
No mobile home shall be entered into a mobile home court except upon
the prior inspection and written permit of the enforcement officer.
D.
No mobile home entered into a mobile home court shall be occupied
except upon the prior inspection of the enforcement officer and issuance
of a certificate of occupancy. A certificate of occupancy shall not
be issued until the mobile home has been properly placed on a mobile
home unit with all service connections and utilities completed.
E.
The enforcement officer shall inspect all licensed mobile home courts
as often as may be necessary and also upon the filing of each application
for a license renewal and upon the filing of any application for a
transfer of license. A renewal or transfer of license shall not be
issued by the Town Clerk until all violations found to exist have
been remedied.
F.
If the enforcement officer shall find upon any inspection that a
mobile home court is not being maintained in a clean, orderly and
sanitary condition or that such mobile home court is not being operated
in accordance with the provisions of this chapter or is in violation
thereof, he shall serve upon the licensee, his agent or employee an
order, in writing, directing that the condition or conditions therein
specified be remedied within five days after service of such order.
Failure to remedy such condition or conditions within said five-day
period shall constitute a violation of this chapter. Each week's
continued violation shall be deemed and shall constitute a separate
and additional violation of this chapter and shall be punishable hereunder.
G.
The Town Board may, after notice and proper hearing, revoke a mobile
home court license or any other certificate, license or permit issued
pursuant to the terms of this chapter, for a violation of any of the
provisions hereof. Upon any such revocation, the premises affected
shall forthwith cease to be used for the purpose of a mobile home
court or site for a mobile home, as the case may be, and all mobile
homes covered thereby shall forthwith be removed.
A.
No person may interfere with, obstruct or hinder the enforcement
officer or any other authorized person proceeding in the discharge
of his official duties with respect to or in the enforcement of the
provisions of this chapter.
B.
Failure to comply with any of the provisions of this chapter is hereby
declared to be an offense. Every person convicted of an offense for
a violation of any of the provisions of this chapter shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
[Amended 12-4-1991 by L.L. No. 2-1991]
C.
The prosecution for or conviction of any violation of a provision
of this chapter or the imposition of any fine or imprisonment shall
not excuse such violation or permit the same to continue unremedied
or prevent the revocation of any license, certificate or permit issued
pursuant to this chapter.
D.
In addition to other remedies, the Town of North Collins may institute
any appropriate action or proceeding, legal or equitable, as may now
or hereafter be provided or authorized by law to enforce this chapter
or prevent or restrain a violation thereof.
A.
Unless otherwise provided by action of the Town Board, the Code Enforcement
Officer of the Town of North Collins shall be the enforcement officer
of this chapter. It shall be the duty and responsibility of the Code
Enforcement Officer to perform all tasks assigned to the enforcement
officer by the provisions of this chapter.
B.
The Town Clerk shall collect, record and turn over to the appropriate
Town officers all moneys received for license applications, renewals
or transfers thereof, permits, occupancy fees and other certifications
as provided for in this chapter or required by the Town Board.
C.
Fees for licenses, applications, renewals, transfers, permits and
such other authorizations by the Town of North Collins as provided
for in this chapter or in any subsequent amendments thereto shall
be established by the Town Board as to type and amount.
