[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:
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.
Any plot of land where two or more manufactured homes are
located and used for living or sleeping quarters.
Shall include:
MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
TRAVEL TRAILERA portable vehicle built on a chassis, designed to be towed behind another vehicle and used as a temporary dwelling for travel, recreational and vacation use.
A parcel of land in which two or more spaces are provided
for the occupancy of recreational vehicles.
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
Farming.
(a)
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:
[1]
Adequate lot size allotted to single manufactured home.
[2]
Water supply.
[3]
Sewage disposal system.
[4]
Off-street parking.
[5]
Fire and traffic safety.
[6]
Concentration of population.
[7]
Adequacy of governmental and other services, such as schools,
highways, utilities, parks and the like.
[8]
Probable effect on value of neighborhood land and buildings.
[9]
Probable effect upon or consistency with present and future
land uses and development of the general area.
(b)
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.
(5)
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.
B.
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.
A.
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.
B.
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.
B.
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:
A.
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.
B.
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.
C.
Streets and ways shall be lighted at night.
D.
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.
E.
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.
F.
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.
