[HISTORY: Adopted by the Town Board of the Town of Verona 4-26-1971 (Ch. 109 of the 1998 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
It is the purpose of this chapter to promote the health, safety and general welfare of the inhabitants of the Town of Verona by the efficient regulation of manufactured homes, manufactured home parks and recreational vehicle parks.
As used in this chapter, the following terms shall have the meanings indicated:
- MANUFACTURED HOME
- A structure transportable in one or more sections that, in the traveling mode, is a minimum of eight feet in width or a minimum of 40 feet in length or, when erected on site, is a minimum of 320 square feet in floor area; a manufactured home which was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. Plumbing, heating, air conditioning and electrical systems are contained in the home. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development (HUD) and complies with the standards established under the National Manufactured Housing and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle. A manufactured home shall bear a signifying conformance to the design and construction requirements of HUD, Manufactured Home Construction and Safety Standards, 24 CFR Part 3280.
- MANUFACTURED HOME PARK
- Any plot of land where two or more manufactured homes are located and used for living or sleeping quarters.
- RECREATIONAL VEHICLE PARK
- A parcel of land in which two or more spaces are provided for the occupancy of recreational vehicles.
No person, firm or corporation shall use and no owner or lessee of any real property shall permit the owner or occupant to locate thereon any single manufactured home, travel trailer, motor home, tent or combination thereof, for living or sleeping quarters within the Town of Verona, except in a licensed manufactured home park or licensed RV park, except that:
The owner of real property or the nonpaying guests of such owner may occupy a recreational vehicle on the owner's property for a period not exceeding seven calendar days in any twelve-month period, provided that such recreational vehicle shall not be located nearer than 20 feet to any adjoining property line or nearer than 50 feet to the nearest street or highway boundary.
The owner of real property in said Town who is constructing or causing to be constructed a camp or residence on his property may occupy a single manufactured home or recreational vehicle on said property with the permission of the Zoning Board of Appeals for a period not exceeding nine months from the date of the granting of such permission. In granting such permission, the Board of Appeals shall be satisfied that adequate sewage disposal facilities and a safe and adequate supply of water are available for use at the said location, and the single manufactured home or recreational vehicle shall be connected to said facilities before being occupied for living or sleeping quarters.
This chapter shall have no application to the parking of a recreational vehicle by an individual who uses same solely for away-from-home camping trips or traveling.
To encourage the continuance and growth of farming within the Town by making living quarters available to farm workers and owners at or near the site of their farming operation, the Board of Appeals may grant a special permit to the owner of such farm to locate thereon a single manufactured home for occupancy by the owner, one or more members of his immediate family or an employee and his immediate family. Such permit shall not be transferable and shall terminate automatically if the farming operation shall terminate or the employee shall cease to be principally employed by the owner in the farming operation at the single manufactured home's location. The Board of Appeals may impose reasonable conditions and regulations in granting such special permit. In determining whether to grant such permit and in formulating such conditions and regulations the Board shall be guided by the following considerations:
Adequate lot size allotted to single manufactured home.
Sewage disposal system.
Fire and traffic safety.
Concentration of population.
Adequacy of governmental and other services, such as schools, highways, utilities, parks and the like.
Probable effect on value of neighborhood land and buildings.
Probable effect upon or consistency with present and future land uses and development of the general area.
The application for a special permit under this subsection shall be filed with the Town Clerk accompanied by a nonrefundable fee as set by resolution of the Town Board from time to time.
To encourage and aid responsible relatives in providing noninstitutional care and housing for elderly persons in the Town of Verona, the Board of Appeals may grant a special permit to the owner of real property, occupied by him as his place of residence, to locate a single manufactured home thereon to house his parent(s) and/or near relative(s) who, because of age or other infirmity requires the nearby presence and personal assistance from time to time of such child or younger relative in order to live in reasonable comfort and security. Where the interest of the elderly or infirm person would be better served, the permit may allow the occupancy of the single manufactured home by the child or younger relative and his family while the elderly or infirm person occupies the residence. Such permit shall not be transferable and shall terminate automatically upon the death or removal from the premises of the elderly or infirm person for more than six consecutive months. The Board of Appeals may impose reasonable regulations in granting such special permit, and in determining whether to do so shall be guided by the same considerations enumerated in Subsection A(4)(a)above, and the application fee shall be the same as above provided. In applying this exception to the prohibition of locating single manufactured homes outside licensed manufactured home parks, the underlying policy to be observed by the Board of Appeals is that this exception is intended for the benefit of the elderly or infirm person and not simply to provide housing for a child or other relative.
Single manufactured homes located within the Town of Verona and occupied for living and sleeping purposes on December 20, 1958, and those for which a special permit was issued to the owner by the Zoning Board of Appeals prior to May 20, 1971, may be occupied by subsequent owners at the same location without the issuance of a special permit to the subsequent owner(s).
An application for a license to conduct or operate a manufactured home park or RV park shall be made upon a form to be furnished by the Town Clerk. The application shall state the name and address of the owner of the premises, the name and address of the applicant and the nature and extent of his interest in the business for which a license is desired, the location and plot plan of the park and the number of units to be provided for therein, detailed plans and specifications of all buildings, structures, electric wiring, water, sewer and drainage systems and such other information as may be required by the Town Board on said application form. The application shall be accompanied by a fee as set by resolution of the Town Board from time to time to defray the expense of the investigation herein required. If a license is subsequently issued, said fee shall be applied to the first year's license fee, but if such license is not issued, such investigation fee shall be retained by the Town. Licenses heretofore or hereafter issued to operate a manufactured home park or recreational vehicle park shall run with the land and shall not lapse as a result of any subsequent change of ownership. However, the subsequent owner or operator shall be bound by all the terms, provisions, conditions and restrictions contained in such license.
The Town Superintendent of Highways and the Town Health Officer shall examine and investigate the statements contained in such applications, together with the plans and specifications and shall report to the Town Board the results of their investigation. A copy of such report shall also be submitted to the Town Planning Board, who shall study such application and report of investigation, and report to the Town Board whether they recommend the granting of such license. Within 60 days after the filing of such application with the Town Clerk, the Town Board shall act by resolution. However, no license shall be granted until the Town Board shall have held a public hearing on 10 days' notice published once in the official newspaper of the Town stating the date, time, place and subject matter of the hearing.
No license shall be issued contrary to the applicable provisions of supplemental regulations, Chapter 262, Zoning, § 262-24. No manufactured home in a manufactured home park or recreational vehicle park not previously licensed shall be located within 100 feet of the nearest boundary line of any state highway, nor within 50 feet of the nearest boundary line of any Town or county highway, nor within 500 feet of the nearest boundary of the Erie Canal Park. Single manufactured homes may be located in any zoning district upon the issuance of a special permit by the Zoning Board of Appeals as authorized in this chapter.
Such annual license fees are not in lieu of or in reduction of the real estate taxes to be levied thereon in accordance with the provisions of the Real Property Tax Law. Annual renewal applications must be accompanied by the required fee and filed with the Town Clerk no later than January 15 of each year.
Except as otherwise provided herein, all manufactured home parks and recreational vehicle parks shall be designed, constructed, maintained and operated to meet the following minimum standards:
Each unit shall be allotted an area of not less than twice the size of the vehicle or structure intended to be located thereon which in no event shall be less than 30 feet by 70 feet for each manufactured home. The corners of each such location shall be clearly defined by appropriate markers.
All entrances and exits shall be well marked and located so as not to constitute a traffic hazard. Streets and other ways shall be constructed and maintained so that all units are readily accessible to fire and other emergency vehicles.
Streets and ways shall be lighted at night.
No trailer, tent or other structure shall be located within 15 feet of any street or way nor within 20 feet of any boundary of such park/camp.
Every manufactured home park or recreational vehicle park shall be provided with adequate sewage disposal, water supply and garbage disposal facilities which shall meet the standards prescribed by any statute, rule or regulation of the State of New York or authorized board or officer and the Town Board of the Town of Verona. Recreational vehicle parks must have at least a sewage dumping station meeting the minimum specifications and requirements of the State of New York for such installation.
The owner or managing agent of any manufactured home park or camp shall be of good moral character and reputation and shall manage such park/camp from an office located on or near the premises. He shall maintain a bound book containing a record of the names of persons accommodated in the camp, their home addresses, the make and license number of their automobile and a description of the home occupied, which such record shall be available at all reasonable times to any law enforcement official and any authorized official of the Town of Verona. Such owner or managing agent shall report to the Town Health Officer all cases and suspected cases of communicable diseases effecting any person at such manufactured home park and shall keep such park at all times in a neat and orderly condition so as not to constitute a nuisance or otherwise adversely affect the health, safety, comfort and convenience of persons accommodated at the camp or the general public.
The Town Board without prior notice or hearing may revoke or suspend any license or permit granted under the authority of this chapter for failure to comply with any provision of this chapter or any applicable laws, rules or regulations. However, the licensee shall be given a hearing by the Town Board if he requests the same within 10 days from the date of any suspension or revocation.
Any person, firm or corporation violating any provision of this chapter shall be liable to a penalty not exceeding $250 or imprisonment not to exceed 15 days, or both. In addition to said penalty, any violation of a provision of this chapter shall constitute a misdemeanor and may be punished therefor as provided by the laws of the State of New York.