[HISTORY: Adopted by the Town Board of the Town of Alden 2-18-1975 by L.L. No. 1-1975 (Ch. 13B of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 109.
Unsafe buildings — See Ch. 115.
Dogs — See Ch. 143.
Filling, excavating and topsoil removal — See Ch. 195.
Property maintenance — See Ch. 263.
Sewers — See Ch. 272.
Zoning — See Ch. 365.
Construction of public streets: specifications and procedures — See Ch. A370.
This chapter shall be known and may be cited as the "Manufactured
Home Park Law of the Town of Alden."
This chapter is adopted in order to promote the health, safety
and the general welfare of the inhabitants of the Town of Alden by
regulating the occupancy and maintenance of manufactured homes and
manufactured home parks.
This chapter establishes minimum standards for manufactured
home parks, requirements for the design, construction, alteration,
extension and maintenance of manufactured home parks and related utilities
and facilities, authorizes the issuance of permits for construction,
alteration and extension and operation of manufactured home parks,
authorizes the inspection of manufactured homes parks, limits the
use of manufactured homes outside of manufactured home parks and fixes
penalties for violations.
Words used in the present tense include the future, the singular
number shall include the plural, and the plural the singular. The
word "structure" shall include the word "building," the word "used"
shall include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used," and the word "shall"
is mandatory and not optional.
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and administration of this chapter:
A license issued annually to operate a manufactured home
park within the Town of Alden.[1]
A transportable single-family dwelling, which may be towed
on its own running gear and which is affixed to real estate, used
for nontransient residential purposes and which is recognized and
approved as a "manufactured home" by the International Residential
Code.[2]
A parcel of land within a manufactured home park for the
placement of a single manufactured home for the exclusive use of its
occupants.
A parcel of land under single ownership which has been planned
for the placement of manufactured homes, appurtenant structures or
additions.
That part of an individual lot which has been reserved for
the placement of the manufactured home, appurtenant structures or
additions.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
Structures housing sanitary, operational, office, recreational,
maintenance and other facilities built to conform to required standards.
Pipes, fittings and appurtenances from the drain outlet of
the manufactured home to the inlet of the corresponding sewer riser
pipe of the sewer system serving the manufactured home park.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at a designated point at each
manufactured home lot.
All pipes, fittings and appurtenances from the water riser
pipe to the water inlet pipe of the distribution system within the
manufactured home.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at a designated point at each
manufactured home lot.
All pipes, fittings, valves and appurtenances from the water
main of the park distribution system to the water outlet of the distribution
system within the manufactured home.
It shall be unlawful for any person to develop or operate a
manufactured home park within the limits of the Town of Alden unless
he holds a valid license to operate a manufactured home park and a
valid permit to construct, alter or extend any manufactured home park.
A.
License applications shall be submitted to the Planning Board for
site plan review. Upon receiving the recommendation of the Planning
Board, the Town Board shall approve, disapprove or approve conditionally
the application. Upon approval by the Town Board, a one-year license
to operate a manufactured home park shall be issued by the Code Enforcement
Officer.
B.
Annual license renewals shall be issued by the Code Enforcement Officer,
subject to an inspection, when the applicant states in writing that
there is no change in the information contained in the original license
application and upon payment of a license renewal fee as established
by resolution of the Town Board.[2] When changes in license provisions are sought, the applicant
shall submit the revised application to the Planning Board, where
the same procedures shall be followed as prescribed for an original
license application.
[2]
Editor's Note: The current Fee Schedule is on file in the
office of the Town Clerk.
If the Code Enforcement Officer finds that any manufactured
home park is not being maintained in a clean and sanitary condition
or is not being conducted in accordance with the provisions of this
chapter, or that the applicable fees provided for in this chapter
have not been paid, or that the applicable registration provisions
of this chapter are not being carried out, such facts shall thereupon
be reported to the Town Board and said Town Board may direct the Code
Enforcement Officer to serve an order in writing upon the holder of
the license for such park, directing that the conditions therein specified
be remedied within 10 days after date of service of such order. If
such conditions are not corrected after the expiration of said ten-day
period, the Town Board may cause a notice in writing to be served
upon the holder of said license, requiring said holder to appear before
the Town Board at a time specified in such notice and show cause why
such license should not be revoked. The Town Board may, after a public
hearing at which all interested persons are allowed to speak, revoke
such license if said Town Board shall find that said park is not being
maintained in a clean and sanitary condition, or that any provision
of this chapter has been or is being violated, or that the fees provided
for in this chapter have not been paid, or for other sufficient cause.
Upon the revocation of such license, the premises shall immediately
cease to be used for the purpose of a manufactured home park and all
manufactured homes shall forthwith be removed within 90 days.
Applications for licenses shall be in duplicate and in writing
signed by the applicant, accompanied by an affidavit of the applicant
as to the truth of the application and by the deposit of a fee as
established by resolution of the Town Board.[1] The license application submitted to the Planning Board
shall contain:[2]
A.
The name and address of the applicant; if the applicant is a partnership,
the names and addresses of the partners; if the applicant is a corporation,
the names and addresses of the officers and directors.
B.
The name and address of the owner of the land.
C.
The location and complete legal description of the land that the
manufactured home park will occupy.
D.
Two sets of engineering and/or architectural plans and specifications
of the proposed park, showing:
(1)
Scale: one inch equals 50 feet.
(3)
Watercourses and other physical features.
(4)
Location map showing the area within 500 feet of the proposed park
and all adjacent streets.
(5)
Size and location of entrances and exits. A minimum of two entrances
and exits shall be required for manufactured home parks.
(6)
The area and dimensions of the tract of land.
(7)
The number, location and size of all manufactured home lots, parking
areas, driveways and storage areas. Overflow parking areas at a rate
of one per unit, evenly and conveniently distributed, must be provided
along with the construction details of same.[4]
(8)
The location and width of roadways, walkways and parkways.
(9)
The location of service buildings and any other proposed structures.
(10)
The location of water and sewer lines and riser pipes.
(12)
Plans and specifications of all buildings to be constructed,
altered or extended within the manufactured home park.
(13)
The location and details of lighting and electrical systems.
(14)
Drainage plan.
(15)
Proposed grading, landscaping and screening.
(16)
Construction detail sheets.
Licenses shall be issued to a specific person or corporate entity
and shall be nontransferable. Every person holding a license shall
give notice in writing to the Code Enforcement Officer within 24 hours
after having sold, transferred, given away or otherwise disposed of
interest in or control of any manufactured home park.
A.
Prior to the construction, alteration or extension of any manufactured
home park, including the construction of any roads, buildings, structures,
utilities or manufactured home stands, an application for a building
permit shall be filed with the Code Enforcement Officer.
B.
The Code Enforcement Officer shall issue a building permit if he
finds that the proposed construction is in conformance with the provisions
of the manufactured home park license.
Whenever the Code Enforcement Officer finds that an emergency
exists which requires immediate action to protect the public health,
he may, without notice, issue an order, sending a copy to the Town
Board, reciting the existence of such emergency and requiring that
such action 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 person to whom such an order is directed shall comply
therewith immediately, but, upon petition to the Town Board, he shall
be afforded a public hearing as soon as is possible.
A.
General. Condition of soil, groundwater level, drainage and topography
shall not create hazards to the property or the health or safety of
the occupants. The site shall not be exposed to objectionable smoke,
noise, odors or other adverse influences, and no portion subject to
unpredictable and/or sudden flooding, subsidence or erosion shall
be used for any purpose which would expose persons or property to
hazards.
B.
Soil and ground cover. Exposed ground surfaces in all parts of every
manufactured home park shall be paved, or covered with stone screenings
or other solid material, or protected with a vegetative growth that
is capable of preventing soil erosion and eliminating objectionable
dust.
C.
Site drainage requirements.
(1)
The ground surface in all parts of every manufactured home park shall
be graded and equipped to drain all surface water in a safe, efficient
manner.
(2)
The Town Board may require off-site drainage systems to ensure that
all drainage, storm runoff and subsurface waters are carried into
approved watercourses and/or drainage systems.
(3)
The Town Board may further require that all off-site improvements
and/or drainage systems be installed on easements to be granted to
the Town of Alden and/or the entity responsible for maintenance. Where
improvements are required in this fashion, a performance bond, sufficient
to cover the full cost of same, may be issued by a surety or bonding
company approved by the Town Board, and shall also be approved as
to form, sufficiency and manner of execution. Such performance bond
shall run for a term fixed by the Town Board.[1]
D.
E.
Minimum site size and lot size.
(1)
The minimum site size for a manufactured home park shall contain
50 lots.
(2)
The manufactured home park shall be subdivided and marked off into
manufactured home lots. Each lot shall have a minimum area of not
less than 5,000 square feet and a minimum dimension of not less than
75 feet frontage on the access street. Individual ownership of manufactured
home lots shall not be permitted.[3]
F.
Separation between manufactured homes.
(1)
Manufactured homes shall be separated from each other and from other
buildings and structures by at least 30 feet, provided that manufactured
homes placed end-to-end may have a clearance of 20 feet where opposing
rear walls are staggered.
(2)
An accessory structure which has a footprint area exceeding 25 square
feet, is attached to a manufactured home or located within 10 feet
of its window and has a top or roof that is higher than the nearest
window shall, for the purposes of all separation requirements, be
considered to be part of the manufactured home.[4]
G.
Recreation areas.
(1)
In all parks there shall be one or more recreation areas which shall
be easily accessible to all park residents.
(2)
The size of such recreation areas shall be based upon a minimum of
200 square feet for each lot. No outdoor recreation area shall contain
less than 10,000 square feet.
(3)
Recreation areas shall be so located as to be free of traffic hazards
and should, where topography permits, be centrally located.
H.
Setbacks, buffer strips and screening.
(1)
All manufactured homes shall be located at least 75 feet from any
park property boundary line abutting a public street or highway and
at least 50 feet from other park property boundary lines.
(3)
All manufactured home parks shall be provided with screening such
as attractive and well-maintained natural growth along the property
boundary line separating the park and adjacent uses.
I.
Street systems.
(1)
General requirements. All manufactured home parks shall be provided
with safe and convenient vehicular access to abutting public streets
or roads from each manufactured home lot. Alignment and gradient shall
be properly adopted to topography.
(2)
Access.
(a)
Access to manufactured home parks shall be designed to minimize
congestion and hazards at the entrance or exit and allow free movement
of traffic on adjacent streets. The entrance road connecting the park
streets with a public road or street shall have a minimum road pavement
width of 26 feet. Where the primary entrance road is more than 100
feet long and does not provide access to abutting manufactured home
lots within such distance, the minimum road pavement width may be
24 feet, provided parking is prohibited at both sides.[6]
(b)
All the above streets shall have, in addition to road pavement,
one two-foot-wide concrete gutter at each side.
(3)
Internal streets. Surfaced roadways shall be of adequate width to
accommodate anticipated traffic, and in any case shall meet the following
minimum requirements:[7]
(4)
Required illumination of park systems. All parks shall be furnished
with lighting units so spaced and equipped with luminaries placed
at such mounting heights as will provide safe movement of pedestrians
and vehicles at night.
(5)
Street construction and design standards.
(b)
Grades. Grades of all streets shall be sufficient to ensure
adequate surface drainage, but shall be not more than 8%. Short runs
with a maximum grade of 10% may be permitted, provided traffic safety
is assured by appropriate paving, adequate leveling areas and avoidance
of lateral curves.
(c)
Intersections. Within 100 feet of an intersection, streets shall
be at approximately right angles. A distance of at least 150 feet
shall be maintained between center lines of offset intersecting streets.
Intersections of more than two streets at one point shall be avoided.
J.
Off-street parking.[10]
(1)
Off-street driveway parking areas shall be provided in all manufactured
home parks for the use of manufactured home park occupants. Such areas
shall be furnished at the rate of at least two car spaces for each
manufactured home lot and paved the same as the street, either concrete
or asphalt.
(2)
Additional overflow/guest car parking spaces shall be so located
as to provide convenient access to the manufactured home, but shall
not exceed a distance of 200 feet from the manufactured home it is
intended to serve.
L.
Landscaping. Trees and shrubs shall be provided along all walks and
streets, around the recreation areas and along the outer property
line at the manufactured home parks. Trees shall be planted at intervals
of not less than 50 feet where feasible.
M.
Manufactured home installation shall be in accordance with the 2015
International Residential Code, Appendix E, Manufactured Housing Used
as Dwelling, or as the same from time to time may be amended.[12]
(1)
The manufactured home stand shall not heave, shift or settle unevenly
under the weight of manufactured home due to frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
(2)
The manufactured home stand shall be provided with anchors and tie-downs
such as cast-in-place concrete "dead men" eyelets embedded in concrete
foundations or runways, screw augers, arrowhead anchors or other devices
securing the stability of the manufactured home.
(3)
Anchors and tie-downs shall be placed at least at each corner of
the manufactured home stand, and each shall be able to sustain a minimum
tensile strength of 2,800 pounds.
A.
General. An accessible, adequate, safe and potable supply of water
shall be provided in each manufactured home park. Where a public supply
of water of satisfactory quantity, quality and pressure is available,
connection shall be made thereto and its supply used exclusively.
When a satisfactory public water supply is not available, a private
water supply system may be developed and used as approved by the Erie
County Health Department.
B.
Source of supply.
(2)
Every 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, pumping machinery or suction pipes shall be placed
in any pit, room or space extending below ground level nor in any
room or space aboveground 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)
The treatment of a private water supply shall be in accordance with
applicable New York State and Erie County laws and regulations.
C.
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 air gap.
D.
Distribution system.
(1)
The water supply system of the manufactured home park shall be connected
by pipes to all manufactured homes, buildings and other facilities
requiring water.
(2)
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with state and local regulations and
requirements and shall be of a type and in locations approved by the
health authority.
(3)
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.
E.
Water risers.
(1)
Individual water riser pipes shall be located within the confined
area of the manufactured home stand at a point where the water connection
will approximate a vertical position.
(2)
Water riser pipes shall extend at least four inches above ground
elevation. The pipe shall be at least 3/4 inch. The water outlet shall
be capped when a manufactured 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 shutoff valve below the frost line shall be provided near the water
riser pipe on each manufactured home lot.
(5)
Underground stop and waste valves shall not be installed on any water
service.
A.
General. An adequate and safe sewage system shall be provided in
all manufactured home parks for conveying and disposing of all sewage.
Such system shall be designed, constructed and maintained in accordance
with state and local laws.
B.
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 by a safe distance.
Sewers shall be at a grade which will ensure a velocity of two feet
per second when flowing full. All sewer lines shall be constructed
of material approved by Erie County Health Department, shall be adequately
vented and shall have watertight joints.
C.
Sewer connections.
(1)
Each manufactured 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 manufactured home drain
outlet will approximate a vertical position.
(2)
The sewer connection (see § 235-5, Definitions) shall have a normal inside diameter of at least three inches, and the slope of any portion thereof shall be at least 1/4 inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. 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
manufactured 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 four inches above ground elevation.
D.
Treatment and discharge. Where the sewer lines of the manufactured
home park are not connected to a public sewer, all proposed sewage
disposal facilities shall conform to the regulations of the Erie County
Health Department, NYSDEC and the State Health Department prior to
construction. Effluents from sewage treatment facilities discharged
into any waters of the state shall conform to the regulations of the
NYSDEC.[1]
A.
General. Every park shall contain an electrical wiring system consisting
of wiring, fixtures, equipment and appurtenances which shall be installed
and maintained in accordance with applicable codes and regulations
governing such systems.
B.
Electrical and telephone utilities.
(1)
The manufactured home park operator shall arrange with the serving
utility for underground installation of the utilities, distribution
supply lines and service connections.
(2)
All direct burial conductor or cable shall be buried in accordance
with the practice and provisions of the serving utilities.
C.
Electrical connections. Each manufactured home lot shall be provided
with an approved disconnecting device and overcurrent protective equipment.
The minimum service per outlet shall be per unit specifications and
in compliance with 2015 International Building Codes or latest adopted
version.[1]
D.
Grounding. All exposed non-current-carrying metal parts of manufactured
homes and all other equipment shall be grounded by means of an approved
grounding conductor with branch circuit conductors or other approved
method of grounded metallic wiring. The neutral conductor shall not
be used as an equipment ground for manufactured homes or other equipment.[2]
A.
The storage, collection and disposal of refuse in the manufactured
home park shall be so conducted as to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards or air
pollution.
B.
All refuse shall be stored in flytight, watertight, rodent-proof
containers, which shall be located not more than 150 feet from any
manufactured home lot. Containers shall be provided in sufficient
number and capacity to properly store all refuse.
C.
Refuse collection stands shall be provided for all refuse containers.
Such container stands shall be so designed as to prevent containers
from being tipped, to minimize spillage and container deterioration
and to facilitate cleaning around them.
A.
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 with the requirements
of the health authority.
B.
Parks shall be maintained free of accumulations of debris which may
provide rodent harborage or breeding place for flies, mosquitoes and
other pests.
C.
Storage areas shall be so maintained as to prevent rodent harborage;
lumber, pipe and other building materials shall be stored at least
one foot above the ground.
D.
All exterior openings in or beneath any structure shall be appropriately
screened with wire mesh or other suitable material.
E.
The growth of brush, weeds and grass shall be controlled to prevent
harborage of ticks, chiggers and other noxious insects. Parks shall
be so maintained as to prevent the growth of ragweed, poison ivy,
poison oak, poison sumac and other noxious weeds considered detrimental
to health. Open areas shall be maintained free of heavy undergrowth
of any description.
A.
Natural gas system.
(1)
Natural gas piping systems shall be installed and maintained in accordance
with applicable codes and regulations governing such systems.
(2)
Each manufactured home lot provided with piped gas shall have an
approved manual 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.
(1)
Liquefied petroleum gas systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
(2)
Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at
a safe location.
(3)
Systems shall have at least one accessible means for shutting off
gas. Such means shall be maintained in effective operating condition.
(4)
All liquefied petroleum gas piping outside of the manufactured home
shall be well supported and protected against mechanical injury. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in manufactured homes.
(5)
Liquefied petroleum gas containers installed on a manufactured home
lot shall be securely but not permanently fastened to prevent accidental
overturning. Such containers shall not be less than 12 nor more than
60 United States gallons' gross capacity.
(6)
No liquefied petroleum gas vessel shall be stored or located inside
or beneath any storage cabinet, carport, manufactured home or any
other structure, unless such installations are approved by the health
authority.
C.
Fuel oil supply systems.
(1)
All fuel oil supply systems shall be installed and maintained in
accordance with applicable codes and regulations governing such systems.
(2)
All piping from outside fuel storage tanks or cylinders to manufactured
homes shall be permanently installed and securely fastened in place.
(3)
All fuel oil storage tanks or cylinders shall be securely fastened
in place and shall not be located inside or beneath any manufactured
home or less than five feet from any manufactured home exit.
(4)
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
A.
The manufactured home shall be subject to fire prevention ordinances
which may be adopted by the Town.
B.
Manufactured home parks shall be kept free of litter, rubbish and
other flammable materials.
C.
Portable fire extinguishers of a type approved by the fire prevention
authority shall be kept in service buildings and at all other locations
designated by such fire prevention authority and shall be maintained
in good operating condition.
D.
Fires shall be made only in stoves, incinerators and other equipment
intended for such purposes.
A.
The person to whom a license for a manufactured home park is issued
shall operate the park in compliance with this chapter and regulations
issued hereunder, and shall provide adequate supervision to maintain
the park, its facilities and equipment in good repair and in a clean
and sanitary condition.
B.
The park management shall notify park occupants of all applicable
provisions of this chapter and inform them of their duties and responsibilities
under this chapter and regulations issued hereunder.
C.
The park management shall supervise and be responsible for the placement
of each manufactured home on its manufactured home stand, which includes
securing its stability and installing all utility connections.
D.
The park management shall maintain a register containing the names
of all park occupants, the date of arrival, the date of departure
and a description of the trailer. Such register shall be available
to any authorized person inspecting the park.
E.
The park management shall notify the State Health Department immediately
of any suspected communicable or contagious disease within the park.
A.
The park occupants shall comply with all applicable requirements
of this chapter and regulations issued hereunder and shall maintain
their manufactured home lot, its facilities and equipment in good
repair and in a clean and sanitary condition.
B.
No owner or person in charge of a dog, cat or other pet animal shall
permit it to run at large or to commit any nuisance within the limits
of any manufactured home park.
A manufactured home shall not be occupied for dwelling purposes
unless it is properly placed on a manufactured home stand and connected
to water, sewerage and electrical utilities.[1]
Any person who violates any provision of this chapter shall,
upon conviction, be punished by a fine of not more than $250, imprisonment
for up to 15 days, or both; and each week's failure of compliance
with any such provision shall constitute a separate violation.
In any case where a provision of this chapter is found to be
in conflict with a provision of any other local law or code of the
municipality on the effective date of this chapter, the provision
which establishes the higher standard shall prevail.
