[HISTORY: Adopted by the Town Board of the Town of Lysander 3-6-1975 (Ch. 91 of the 1989 Code). Amendments
noted where applicable.]
This chapter shall be known as the "1973 Mobile Home Park Ordinance
of the Town of Lysander, New York."
[Added 3-2-1989 by L.L.
No. 3-1989]
As used in this chapter, the following terms shall have the
meanings indicated:
Consists of three or more mobile homes situated on one parcel
of land.
A.
It shall be unlawful for any person to maintain, construct, alter
or extend any mobile park within the limits of the Town of Lysander,
Onondaga County, New York, unless he holds a valid permit issued by
the Building Inspector.
B.
It shall be unlawful for any person to maintain, construct, alter
or extend any mobile home park within the limits of the Town of Lysander,
Onondaga County, New York, unless he holds a valid permit issued by
the Onondaga County Department of Health to ensure compliance with
Part 7 of the New York State Sanitary Code.
A.
Upon receipt of the application for such permit, the Building Inspector
shall review the application and the site plan to determine compliance
with the provisions of this chapter. Field inspection of the proposed
site shall be made and a detailed report prepared by the Building
Inspector for submission to the Planning Board. Favorable determination
of the application by the Planning Board shall not be made until it
has received a copy of the permit issued to the applicant by the Onondaga
County Health Department.
B.
Upon receipt of such a permit, upon review and approval of the Planning
Board and upon payment of the fee prescribed herein, the Building
Inspector is empowered to issue a mobile home park permit which shall
be valid for a period of one year thereafter.
Renewal permits for one year's duration shall be issued by the
Building Inspector upon his review in the field and/or upon proof
furnished by the applicant that the subject park has continued to
meet the standards prescribed by the County Health Department and
by this chapter.
Mobile home parks in existence upon the effective date of this
chapter, or any subsequent amendment, shall be required to meet only
the standards of the Onondaga County Health Department as a prerequisite
to the issuance of a permit, and all other minimum standards prescribed
herein shall be applicable at a time determined by the Building Inspector
upon initial application for permit.
A.
The Building Inspector or other representative of the Town of Lysander
may inspect a mobile home park at reasonable intervals and at reasonable
times to determine compliance with this chapter.
B.
Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provision of this chapter or of any regulations adopted pursuant thereto, the Building Inspector shall give notice in writing in accordance with §§ 195-27 through 195-29 to the person to whom the certificate was issued, advising him or her that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the permit to operate in the Town of Lysander shall be suspended. At the end of such period, such mobile home park shall be reinspected and, if the conditions or practices have not been corrected, the Building Inspector shall suspend the permit and give notice in writing of such suspension to the person to whom the permit is issued.
The sites of all mobile parks shall comply with the following
minimum requirements:
A.
A site shall have an area of not less than 10 acres.
B.
A site shall be free of adverse influences from such uses as garbage
or rubbish disposal areas or other potential breeding places for insects
or rodents.
C.
A site shall not be located adjacent to swamps or marshes or be subject
to flooding.
D.
A site shall not be subject to any hazard or nuisance such as excessive
noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
A.
The ground surface in all parts of a mobile home park shall be graded
and equipped to drain all surface water in a safe and efficient manner.
B.
Surface water collectors and other bodies of standing water capable
of breeding mosquitoes and other insects shall be eliminated or controlled
in a manner acceptable to and approved by the Onondaga County Health
Department.
C.
Wastes or wastewater from plumbing fixtures or sanitary sewer lines
shall not be deposited upon the ground surface in any part of a mobile
home park or upon adjacent lands.
A.
Ground surfaces in all parts of a mobile home park shall be protected
with a vegetative growth capable of preventing soil erosion and the
emanation of dust during dry weather or, as an alternative, paved
or covered with stone screenings or other solid material.
B.
Mobile home park grounds shall be maintained free of vegetative growth
which is poisonous or which may harbor rodents, insects or other pests
harmful to man.
A.
No less than 10% of the gross area of the mobile home park must be
set aside, developed and maintained by the park management for recreation
activities of the residents of the park.
B.
Each such recreation area shall not be less than 5,000 square feet
in area.
C.
Recreation areas shall be so located as to be free of traffic hazards
and should, where the topography permits, be centrally located.
D.
Playground equipment, benches and suitable facilities shall be installed
in each of the required recreation areas.
E.
Other than the foregoing, no part of a mobile home park shall be
used for nonresidential purposes, except such uses that are required
for the direct servicing and well-being of park residents and for
the management and maintenance of the park.
A.
All mobile homes on individual lots shall be subject to the setback, side and rear yard requirements of Residential R-10 Districts as set forth in Chapter 320, Zoning, of the Code of the Town of Lysander, except that the minimum size of a side yard may be reduced to five feet.
B.
All mobile home parks must provide buffer strips, setbacks and screening
such as fences or make use of natural growth along the boundary property
line separating the park and the adjacent uses. Suitable screening
from adjacent properties is required.
A.
All mobile home lots shall have a minimum area of 6,000 square feet
with a minimum lot width of 50 feet. Double-width mobile homes will
be required to occupy two lots.
B.
Mobile homes shall be separated from each other and from other buildings
and structures other than accessory structures by at least 25 feet.
A.
A safe and convenient vehicular access shall be provided from abutting
public streets or roads. Such entrance roads shall have a minimum
road pavement width of 34 feet.
B.
The internal streets of a mobile home park shall be of adequate width
to accommodate anticipated traffic and, in any case, shall meet the
following minimum requirements:
(1)
Where parking is permitted on both sides, a minimum pavement width
of 34 feet will be required.
(2)
A minimum pavement width of 28 feet will be required where parking
is limited to one side only.
(3)
Dead-end streets shall be provided at the closed end with a cul-de-sac
designed with a turnaround having an outside roadway diameter of at
least 100 feet and a street property line diameter of at least 120
feet.
C.
All mobile home park streets shall be furnished with lighting units
so spaced and equipped with lights placed at such mounting heights
as will provide average levels of illumination for the safe movement
of pedestrians and vehicles at night.
A.
Paved off-street parking areas shall be provided in all mobile home
parks for the use of park occupants and guests.
B.
One off-street car parking space for each mobile home shall be provided
and so located as to provide convenient access to the mobile home,
and in no instance shall be greater than 250 feet from the mobile
home it is intended to serve.
A.
All mobile home parks shall provide safe, convenient, pedestrian
access of adequate width for intended use, durable and convenient
to maintain, between individual mobile homes, the park streets and
all community facilities provided for park residents.
B.
Where a common walk system is provided and maintained between locations
and where pedestrian traffic is concentrated, such common walks shall
have a minimum width of four feet.
C.
All mobile home stands shall be connected to common walks or to streets
or to driveways or parking spaces connecting to a paved street. Such
individual walks shall have a minimum width of two feet.
A.
The area of the mobile home stand shall be improved to provide an
adequate foundation for the placement of the mobile home.
B.
The mobile home stand shall be designed so as not to heave, shift
or settle unevenly under the weight of the mobile home because of
frost action, inadequate drainage, vibration or other forces acting
on the superstructure.
[1]
Editor's Note: For the full text of this section, see the
Defense Civil Preparedness Agency's Technical Memorandum No. 73-1,
dated February 1973, which is on file in the office of the Codes Enforcement
Officer.
A.
General requirements. An adequate supply of water shall be provided
for mobile homes, service buildings and other accessory facilities
as required by this chapter. Where a public water supply system of
satisfactory quantity, quality and pressure is available, connection
shall be made thereto, and its supply shall be used exclusively. Where
a satisfactory public water supply system is not available, a private
water supply system shall be developed and shall be approved by the
Onondaga County Department of Health.
B.
Source of supply.
(1)
The water supply shall be capable of supplying a minimum of 200 gallons
per day per mobile home.
(2)
The well or suction line of the water supply system shall be located
and constructed in such a manner that neither underground nor surface
contamination will reach the water supply from any source.
(3)
No well casings, pumps, pumping machinery or suction pipes shall
be placed in any pit, room or space extending below ground level nor
in any room or space above ground which is walled in or otherwise
enclosed, unless such rooms, whether above or below ground, have free
drainage by gravity to the surface of the ground.
(4)
Water supply treatment, if necessary, shall be in accordance with
the requirements of the Onondaga County Health Department.
C.
Water storage facilities. All water storage reservoirs shall be covered,
watertight and constructed of impervious material. Overflows and vents
of such reservoirs shall be effectively screened. Manholes shall be
constructed with overlapping covers so as to prevent the entrance
of contaminated material. Reservoir overflow pipes shall discharge
through an acceptable air gap.
D.
Water distribution system.
(1)
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with state and local regulations.
(2)
The water piping system shall not be connected with nonpotable or
questionable water supplies and shall be protected against the hazards
of backflow or backsiphonage.
(3)
The system shall be so designed and maintained as to provide a pressure
of not less than 40 pounds per square inch under normal conditions,
at service buildings and other locations requiring potable water supply.
E.
Individual water riser pipes and connections.
(1)
Individual water riser pipes shall be located within the confined
area of the mobile home stand at a point where the water connection
will approximate a vertical position, thereby ensuring the shortest
water connection possible and decreasing susceptibility to water pipe
freezing.
(2)
The water riser pipe shall have a minimum inside diameter of 3/4
inch and terminate at least four inches above the ground surface.
The water outlet shall be provided with a cap when a mobile home does
not occupy the lot.
(3)
Adequate provisions shall be made to prevent freezing of service
lines, valves and riser pipes and to protect risers from heaving and
thawing actions of the ground during freezing weather. Surface drainage
shall be diverted from the location of the riser pipe.
(4)
A shut off valve below the frost line shall be provided near the
water riser pipe on each mobile home lot. Underground stop and waste
valves are prohibited unless their type of manufacture and their method
of installation are approved.
A.
General requirements. An adequate and safe sewage system shall be
provided in all mobile home parks for conveying and disposing of sewage
from mobile homes, service buildings and other accessory facilities.
Such system shall be designed, constructed and maintained in accordance
with the Onondaga Health Department regulations.
B.
Individual sewer connections.
(1)
Each mobile home stand shall be provided with at least a four-inch
diameter sewer riser pipe. The sewer riser pipe shall be so located
on each stand that the sewer connection to the mobile home drain outlet
will approximate a vertical position.
(2)
The sewer connection shall have a nominal inside diameter of not
less than three inches, and the slope of any portion thereof shall
be at least 1/4 of an inch per foot. All joints shall be watertight.
(3)
All materials used for sewer connections shall be semirigid, corrosive-resistant,
nonabsorbent and durable. The inner surface shall be smooth.
(4)
Provision shall be made for plugging the sewer riser pipe when a
mobile home does not occupy the lot. Surface drainage shall be diverted
away from the riser. The rim of the riser pipe shall extend at least
1/2 inch above the ground elevation.
C.
Sewer lines. All sewer lines shall be located in trenches of sufficient
depth to be free of breakage from traffic or other movements and shall
be separated from the park water supply system. All sewer lines shall
be constructed of materials approved by the Onondaga County Health
Department and shall have watertight joints.
D.
Sewage treatment and/or discharge. Where the sewer lines of the mobile
home park are not connected to a public sewer, all proposed sewage
disposal facilities shall be approved by the Onondaga County Health
Department prior to and after construction.
A.
General requirements. Every mobile home park shall contain an electrical
wiring system consisting of wiring, fixtures, equipment and appurtenances,
which shall be installed and maintained in accordance with the local
electrical power company's specifications regulating such systems.
B.
Power distribution lines.
(1)
All direct conductors or cable shall be buried at least 18 inches
below the ground surface and shall be insulated and specifically designed
for the purpose. Such conductors shall be located not less than one
foot radial distance from water, sewer, gas or communication lines.
(2)
Main power lines not located underground shall be suspended at least
18 feet above the ground.
C.
Required grounding. All exposed non-current-carrying metal parts
of mobile homes and all other equipment shall be grounded by means
of an approved grounding conductor run with branch circuit conductors
or other approved method of grounding metallic wiring. The neutral
conductor shall not be used as an equipment ground for mobile homes
or other equipment.
B.
Structural requirements for buildings.
(1)
All portions of the structure shall be properly protected from damage
by ordinary use and by decay, corrosion, termites and other destructive
elements. Exterior portions shall be of such materials and be so constructed
and protected as to prevent the entrance or penetration of moisture
and weather.
(2)
All rooms containing lavatory facilities shall:
(a)
Have sound-resistant walls extending to the ceiling between
male and female sanitary facilities. Walls and partitions in lavatories
and other plumbing facilities shall be constructed of dense, nonabsorbent,
waterproof material or covered with moisture-resistant material.
(b)
Have at least one window or skylight facing directly to the
outdoors. The minimum aggregate gross area of windows for each required
room shall be not less than 10% of the floor area served by them.
(c)
Have at least one window which can easily be opened or a mechanical
device which will adequately ventilate the room.
The storage, collection and disposal of refuse in the mobile
home park shall be so constructed as to create no health hazards,
rodent harborage, insect breeding areas, accident or fire hazards
or air pollution and shall comply with the regulations of the Onondaga
County Health Department.
Grounds, buildings and structures shall be maintained free of
insect and rodent harborage and infestation. Extermination methods
and other measures to control insects and rodents shall conform to
the requirements of the Onondaga County Health Department.
A.
Natural gas system.
(1)
Natural gas piping systems, when installed in mobile home parks,
shall be maintained in conformity with accepted engineering practices.
(2)
Each mobile home lot provided with piped gas shall have an approved
shutoff valve installed upstream of the gas outlet. The outlet shall
be equipped with an approved cap to prevent accidental discharge of
gas when the outlet is not in use.
B.
Liquefied petroleum gas systems. Liquefied petroleum gas systems
provided for mobile homes, service buildings or other structures,
when installed, shall be maintained in conformity with the rules and
regulations of the authority having jurisdiction and shall include
the following:
(1)
Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at
a safe location.
(2)
Systems shall have at least one accessible means for shutting off
gas. Such means shall be located outside the mobile home and shall
be maintained in effective operating condition.
(3)
All liquefied petroleum gas piping outside the mobile home shall
be well supported and protected against mechanical failure. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
(4)
Vessels of more than 12 and less than 60 United States gallons gross
capacity may be installed in a concealed manner, although readily
accessible for fire emergency on a mobile home lot and shall be secured
but not permanently fastened to prevent accidental overturning.
(5)
No liquefied petroleum gas vessel shall be stored or located inside
or beneath any storage cabinet, carport, mobile home or any other
structure unless such installations are specifically approved by the
authority having jurisdiction.
C.
Fuel oil supply systems.
(1)
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall be installed and maintained in conformity
with the rules and regulations of the authority having jurisdiction.
(2)
All piping from outside fuel storage tanks or cylinders to mobile
homes shall be securely but not permanently fastened in place.
(3)
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall have shutoff valves located within five
inches of the storage tanks.
(4)
All fuel storage tanks or cylinders shall be securely placed, concealed
from view and shall not be less than five feet from any mobile home
exit.
(5)
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
A.
The mobile park shall be subject to the rules and regulations of
the fire district of the Town of Lysander within which it is located.
B.
Mobile home park areas shall be kept free of litter, rubbish and
other flammable materials.
C.
Portable fire extinguishers of a type approved by the fire district
shall be kept in public service buildings under park control.
D.
Fire hydrants shall be installed if their water supply source is
capable of serving them in accordance with the following requirements:
(1)
The water supply source shall permit the operation of a minimum of
two one-and-one-half-inch hose streams.
(2)
Each of two nozzles, held four feet above the ground, shall deliver
at least 75 gallons of water per minute at a flowing pressure of at
least 30 pounds per square inch at the highest point of the park.
(3)
Fire hydrants, if provided, shall be located within 600 feet of any
mobile home, service building or other structure in the park.
A.
The person to whom a license for a mobile home park is issued will
operate the park in compliance with this chapter and shall provide
adequate supervision to maintain the park and its facilities and equipment
in good repair and in a clean, neat and sanitary condition.
B.
The park management shall supervise the placement of each mobile
home on its mobile home stand, which includes securing its stability
and installing all utility connections.
C.
The park management shall give the Health Officer free access to
all mobile home lots, service buildings and other community service
facilities for the purpose of inspection.
D.
The management shall notify the Onondaga County Department of Health
immediately of any suspected communicable or contagious disease within
the park.
A.
Whenever the Building Inspector determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter or of any regulation adopted pursuant thereto, he
shall give notice of such alleged violation to the person to whom
the permit or certificate was issued, as hereinbefore provided. Such
notice shall be in writing, shall include a statement of the reasons
for its issuance, shall allow a reasonable time for the performance
of any act it requires and shall be served upon the owner or his agent,
as the case may require; provided, however, that such notice or order
shall be deemed to have been properly served upon such owner or agent
when a copy thereof has been served with such notice by any other
method authorized or required by the laws of New York, and finally,
such notice shall contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter,
or any part thereof, and with the regulations adopted pursuant thereto.
B.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Zoning Board of Appeals, provided that such person shall file in the Town Clerk's office a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension except in the case of an order issued under Subsection E of this § 195-28. Upon receipt of such petition, the Building Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 20 days after the day on which the petition was filed; however, upon application of the petitioner, the Building Inspector may postpone the date of the hearing for a reasonable time beyond such twenty-day period when, in his judgment, the petitioner has submitted good and sufficient reasons for such postponement.
C.
After such hearing, the Zoning Board of Appeals shall make findings as to compliance with the provisions of this chapter and the regulations issued thereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection A of this § 195-28. Upon failure to comply with any order sustaining or modifying a notice, the permit of the mobile home park affected by the order shall be revoked.
D.
The proceedings at such a hearing, including the findings and decision
of the Zoning Board of Appeals and together with a copy of every notice
and order relating thereto, shall be entered as a matter of public
record in the office of the Town Clerk, but the transcript of the
proceedings need not be transcribed unless judicial review of the
decision is sought as provided by this section. Any person aggrieved
by the decision of the Zoning Board of Appeals may seek relief therefrom
in any court of competent jurisdiction as provided by the laws of
New York.
E.
Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action to be taken as he may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any provisions of Subsections C and D shall be applicable to such hearing and the order issued thereafter.
A.
Penalties for offenses. A violation of this chapter shall be an offense
punishable by a fine not to exceed $50, or by imprisonment for a period
not to exceed six months, or both. Each week's continued violation
shall constitute a separate, additional violation.
B.
Relation to other laws. In their interpretation and application,
the provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, morals, safety and
general welfare. Wherever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, statutes or ordinances, the most restrictive thereof,
or those imposing the highest standards, shall govern.
C.
Revocation or suspension of permit. Upon repeated violations by the
same permittee, his right to the issuance of a permit or the continued
operation under a permit may be suspended for a fixed term or permanently
revoked, after notice and hearing by the Town Board.
D.
Amendments. The Town Board may from time to time on its motion or
on petition or on recommendation of the Planning Board, amend, supplement,
change, modify or repeal this chapter in accordance with the applicable
provisions of law.
