[HISTORY: Adopted by the Town Board of the Town of Tusten 11-16-1998 by L.L. No. 6-1998. Amendments noted where applicable.]
The purpose of this chapter is to promote the general welfare
of the Town of Tusten, including the retention of its rural character,
preservation of the qualities of its natural environment and the protection
of its inhabitants by establishing specific requirements and regulations
governing the occupancy and maintenance of manufactured home parks.
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings ascribed to them in this section:
A factory-built single-family dwelling constructed on a chassis
to facilitate its transportation to the site. Such structures shall
be self-contained single units (excludes modular homes), and shall
meet the Mobile Home Construction and Safety Standards of the United
States Department of Housing and Urban Development and applicable
standards of the New York State Uniform Fire Prevention and Building
Code. A manufactured home shall not be construed to be a travel trailer
or a recreational vehicle. Double-wides shall be considered manufactured
homes, not modular homes.
A designated site of specific total land area which is located
within a manufactured home park for the accommodation of one manufactured
home and its occupants.
A parcel or contiguous parcels of land which have been designated
and improved for the purpose of placing five or more manufactured
homes for occupancy as single-family dwellings.
A durable surface located on a manufactured home lot which
is capable of supporting and which is used for placement of a manufactured
home.
A factory-built dwelling which is not constructed on a chassis
so as to allow repeated towing.
A.
No person, partnership, association or corporation, being the owner
or occupant of any land within the Town of Tusten, shall use or allow
the use of such land for a manufactured home park unless a license
has been obtained as herein provided.
B.
Issuance of license.
(1)
The Town Code Enforcement Officer of the Town of Tusten shall issue
a license after approval of the application by the Town Planning Board.
The Board shall apply site plan review and special use criteria contained
in the Town of Tusten Zoning Law[1] as a factor in making a decision on the project but only
after the Town Board shall have first created a district for such
housing as provided for in that law. Said license shall be effective
from the date of issuance until surrendered by the licensee or revoked
by the Code Enforcement Officer and shall be renewed annually based
on an inspection by the Code Enforcement Officer as to continued compliance
with the standards of this chapter.
(2)
No license shall be issued until the Code Enforcement Officer has
received:
(a)
A written application from the applicant on the form provided
by the Town Code Enforcement Officer.
(b)
The required fee as herein provided. Such fees shall be set
by resolution of the Town Board.
(c)
Evidence that there is or will be a New York State approved
sewage disposal system designed by a licensed professional engineer.
(3)
The license shall be transferred to a new owner of a manufactured
home park, provided all of the requirements of this chapter are met
and provided the Town is so notified.
C.
Supplemental license.
(1)
Any person holding a license for a manufactured home park who desires
to add additional lots to such park shall file an application for
a supplemental license.
(2)
The application for such supplemental license must be accompanied
by four sets of plans and specifications and shall be filed and processed
as provided herein for new manufactured home parks.
(3)
When approved, the Town Code Enforcement Officer shall issue a supplemental
license which will be effective from the date of issuance and continue
until surrender by the licensee or revocation by the Code Enforcement
Officer.
D.
The applicant shall pay the Town such a fee(s) as is established
by resolution of the Town Board. Fees may be assessed for both the
initial license and to cover subsequent inspections on a periodic
basis.
A.
Each application for a manufactured home park license shall be in
writing and signed by the applicant.
B.
Four copies of the application and plans and related information
shall be filed with the Code Enforcement Officer on a form supplied
by the Code Enforcement Officer. No application shall be deemed filed
until all required information shall have been filed with the Town
of Tusten Planning Board. The Planning Board shall advise the applicant
of any such deficiencies within 30 days of its receipt thereof.
C.
The Code Enforcement Officer promptly shall transmit copies of the
application and plans to the Town Planning Board, which shall process
the application pursuant to the site plan review and special use requirements
of the Town of Tusten Zoning Law[1] and New York State Town Law.
D.
The Code Enforcement Officer, within 10 days of the filing of the
Planning Board decision, shall issue the license, provided approval
has been granted and all other requirements of this chapter are met.
E.
Any disapprovals shall be in writing and include the reasons therefor.
The Code Enforcement Officer shall not issue a license, in any instance,
where the Board has not approved the site plan. If the application
is disapproved, the applicant shall have the right to appeal pursuant
to Article 78 of the Civil Practice Law and Rules.
A.
Each application shall be accompanied by four complete sets of plans
which have been prepared by a licensed land surveyor or engineer.
B.
Each application shall contain the following information:
(1)
The name and address of the applicant; or the name and address of
each partner if the applicant is a partnership; or the name and address
of each officer and director if the applicant is an association or
corporation, including principal shareholders (more than 5% ownership).
(2)
The description of the land that is proposed to be used as a manufactured
home park, together with a map showing its location in the Town.
(3)
The number of lots to be provided in such manufactured home park.
(4)
The names and addresses of the owners of the property on which the
manufactured home park is to be located and a written statement signed
by the owners consenting that the premises be used for a manufactured
home park.
C.
Four copies of a location map shall be presented with the application
which shows all land within 300 feet of the park, the location of
all streets and roads adjacent to and within the park and the location
of all water and sewer lines and utilities adjacent to and within
the park.
D.
Proposed development. The application shall be accompanied by four
copies of a development plan showing the following:
(1)
The location and widths of all entrances, exits and streets.
(2)
The location, size and arrangement of each lot within the park.
(3)
The method and plan for electric lighting.
(4)
The location and plan of all proposed structures and improvements.
(5)
Plans for landscaping.
(6)
Stormwater drainage.
(7)
Utilities.
(8)
Off-street parking facilities.
(9)
Fencing and screening.
(10)
Signs and other structures.
(11)
Names of owners of adjoining properties.
(12)
Recreational facilities.
(13)
Location and type of trash receptacles.
A.
Site.
(1)
The park shall be located on a well-drained site which is properly
graded to ensure rapid drainage and free at all times from stagnant
pools of water.
(2)
The park shall be at least 10 acres in size and have at least 300
feet of frontage on a public road. Additional park land must be contiguous
to the existing park and shall not be bisected by a public road except
to the extent a new such road may be approved as part of the plan.
B.
Manufactured home lots.
(1)
Each manufactured home park shall be marked off into manufactured
home lots.
(2)
Each manufactured home lot shall have a total area of not less than
8,000 square feet.
(3)
No more than one manufactured home shall be placed on any manufactured
home lot.
(4)
The lot numbers shall be legibly noted for each lot on the plans
submitted.
C.
Manufactured home placement. All manufactured homes shall be parked
or otherwise be located:
D.
Manufactured home stand. Each manufactured home lot shall have a
manufactured home stand which will provide for the practical placement
on a permanent foundation or the lot of both the manufactured home
and its appurtenant structures and provide for the retention of the
home on the lot in a stable condition.
E.
Accessibility and lighting.
(1)
Each manufactured home park shall be accessible from an existing
public highway or street.
(2)
Where a manufactured home park has more than 16 manufactured homes,
two points of entry and exit shall be provided.
(a)
Such entrances and exits shall be designed and strategically
located for the safe and convenient movement into and out of the park
and to minimize friction with the free movement of traffic on a public
highway or street.
(b)
No individual manufactured home shall have direct access to
a state, county or Town road without first entering a street or driveway
in the manufactured home park leading to an exit. This requirement
may be waived by the Planning Board for good cause in the case of
individual park lots.
(c)
All entrances and exits shall be free of any material which
would impede the visibility of the driver on a public highway or street.
(d)
All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with manufactured homes attached
and shall be at least 50 feet in width.
(3)
Each manufactured home park shall have roads to provide for convenient
access to all manufactured home lots and other facilities within the
park.
(a)
The road system shall be designed to permit safe and convenient
vehicular circulation within the park. All streets shall be provided
with safe, dustless all-weather surfaces.
(d)
Except in cases of emergency, no parking shall be allowed on
such street unless such street is at least 28 feet wide, in which
case parallel parking shall be allowed on one side of the street only.
(4)
All means of egress, drives and public places shall be adequately
lighted.
(5)
One nonflashing, illuminated sign shall be permitted on the park.
Such sign shall not be greater than 32 square feet in area and shall
not extend more than eight feet above ground level. Such sign shall
be located at least 20 feet from any property line or street right-of-way
line and meet all other applicable sign requirements of the Town of
Tusten Zoning Law.[2]
F.
Parking.
(1)
Two off-street parking spaces shall be provided on each manufactured
home lot. Each space shall have a minimum width of nine feet and a
minimum length of 20 feet.
(2)
One off-street parking space or common area, readily accessible to
the occupants of the manufactured homes it is intended to serve, shall
be provided for each five manufactured home sites to accommodate guests
and delivery and service vehicles.
G.
Utilities and service facilities. The following utilities and services
shall be provided in each manufactured home park in accordance with
the regulations and requirements of the New York State Department
of Health:
(1)
An adequate supply of pure water meeting New York State Department
of Health standards for drinking and domestic purposes shall be supplied
by pipes to manufactured home lots and buildings within the park.
Documentation of compliance with the Department of Health's requirements
in Part 17 of the Sanitary Code shall be provided.
(2)
Each manufactured home lot shall be provided with a sewer, which
shall be connected to the manufactured home situated on the lot, to
receive the waste from the shower, tub, flush toilet lavatory and
kitchen sink in such home. The sewer shall be connected to a public
or private off-site sewer system meeting New York State Department
of Health standards so as not to present a health hazard. Sewer connections
in unoccupied lots shall be sealed to prevent the emission of any
odors and the creation of breeding places for insects.
(3)
Garbage containers with tight-fitting covers shall be provided in
quantities adequate to permit the disposal of all garbage and rubbish.
The containers shall be kept in sanitary condition at all times. The
containers shall be located no farther than 250 feet from any manufactured
home lot, shall be stored in covered collecting enclosures, and garbage
shall be removed and disposed of as frequently as may be necessary
to ensure that such containers shall not overflow. The operator of
the manufactured home park shall provide for all trash removal services.
(4)
Manufactured homes which do not contain toilets, lavatories and tubs
or showers shall not be permitted in any manufactured home park. Service
buildings shall be provided as deemed necessary for the normal operation
of the park. Such buildings shall be maintained by the owner or manager
or the park in a clean, sightly and sanitary condition.
(5)
Each manufactured home lot shall be provided with weatherproof electric
service connections and outlets which are of a type approved by an
electrical inspection person or agency approved by the Town [as required
by the current version of NFPA to the National Electrical Code (NEC)].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Recreation and open space.
(1)
Each manufactured home park shall provide common open space for the
use of the occupants of the park.
(2)
Such open space shall be conveniently located in the park. Such space
shall have a total area equal to at least 50% of the gross land area
of the park such that the net overall density of the park shall not
exceed one dwelling unit or manufactured home per 16,000 square feet
of park land area.
(3)
Any manufactured home park of more than 10 manufactured home sites
shall provide, as part of its open space, areas for active recreational
use. These recreation areas shall not include any wetlands, steep
slopes or other land areas unusable for development and shall consist
of contiguous land areas which can be used for active recreational
activities such as ballfields. No less than 20% of the open space
provided shall be dedicated to such recreational areas and no individual
area so designated shall be less than two acres in size. Each manufactured
home park affected by this section shall provide at least one developed
picnic area, including tables and benches, and a system of marked
and improved trails or sidewalks connecting each manufactured home
to the recreation and other open space areas created. Unless the park
shall be restricted to senior citizens, it shall also include at least
one improved ballfield. These recreational improvements shall be included
on the landscaping plans presented as part of the application package.
I.
Landscaping.
(1)
Ground cover shall be provided on those areas not used for the placement
of manufactured homes and other buildings, walkways, roads and parking
areas.
(2)
Screening acceptable to the Planning Board and Code Enforcement Officer
shall provide for adequate shade and a suitable setting for the manufactured
homes and other facilities. It shall include landscaping materials
meeting the requirements of § 4.12 of the Town of Tusten
Zoning Law.[3] A side or rear yard adjacent to an existing developed
area shall be a minimum width or depth of 100 feet and the 50 feet
nearest to the existing developed area shall be planted or screened
with materials approved by the Planning Board and Code Enforcement
Officer. Such screening shall be designed to create and maintain a
high-quality neighborhood character for existing residents as well
as new manufactured home park residents. Natural landscape buffers
shall be required as opposed to fencing or other artificial measures.
It shall provide, to the maximum extent practical, for the effective
screening of other development from the view of manufactured home
residents and of all manufactured homes and accessory structures from
view by abutters. The Planning Board shall also require and approve
a landscaping plan for the interior of the manufactured home park
to buffer individual manufactured homes, provide shade and green areas
and ensure a wholesome living environment.
(3)
Skirting acceptable to the Planning Board and Code Enforcement Officer
shall be installed along the perimeter of each manufactured home,
extending from the manufactured home stand to the floor of the manufactured
home unit and fully screening the area beneath the unit from view.
The landscaping plan required above shall also address landscaping
of individual manufactured home sites and ensure effective separation
of manufactured homes from each other for purposes of privacy as well
as aesthetics.
J.
The owner or operator of each manufactured home park shall keep a
register wherein there shall be recorded the name and permanent address
of the owner and occupant of each manufactured home situated in the
court, the registration number of the same, the date it was admitted
and the date of its removal. Such register shall be signed by the
owner of the manufactured home or the person bringing the same into
the court. Such register shall be open for inspection to the Town
Code Enforcement Officer, the Town Planning Board, the Town Board
or the Town Assessor at all reasonable times. Registers shall be kept
for a period of seven years.
K.
Fire district approval and fire-fighting requirements.
(1)
No application for a manufactured home park license shall be approved
unless and until the appropriate officer of the applicable Town fire
district shall have reviewed the plans as well as the site and determined that
the district fire-fighting equipment can provide adequate coverage
of the park and that there are no major obstacles in the design or
layout of the facility to providing fire protection. The applicant
shall document to the fire district and the Planning Board that there
is a fire hydrant(s), with sufficient capacity to meet the fire-fighting
needs associated with the development, located on the site and convenient
for easy access. Water storage facilities may be provided as an alternative
to hydrants if the same are secured from access by small children.
(2)
If fire district approval cannot be obtained because the district
lacks the specific services and facilities needed to serve the proposed
park, the Town shall be authorized, through its Planning Board and
Code Enforcement Officer, to require as a condition of special use
and site plan approval, as well as licensing hereunder, a financial
contribution from the applicant toward providing those services or
facilities. Such contribution shall be reasonable and directly related
to the costs of serving the manufactured home park.
L.
No sales of manufactured homes for off-site placement shall be permitted
within the manufactured home park, excepting for previously occupied
manufactured homes sold individually by residents of the manufactured
home park. Also, no manufactured home shall be used for rental purposes
except for temporary periods in those instances where an individual
owner of such home, not including the manufactured home park operator,
shall have placed such home on-site for purposes of personal occupancy
and is no longer, for reasons of health or others circumstances, able
to live there.
M.
No individual manufactured home shall be placed anywhere within the
Town of Tusten for a period of six months or more for any purpose
other than use as a dwelling.
N.
Storage of any unlicensed vehicles within a manufactured home park
for a period six months or more is prohibited.
The Code Enforcement Officer shall enforce all of the provisions
of this chapter and shall have the right at all reasonable times to
enter and inspect any manufactured home park or other premises used
for the parking and placement of manufactured homes.
A.
If the Code Enforcement Officer finds that a manufactured home park
for which a license has been issued is not being maintained in a clean
and sanitary condition or is not being operated in accordance with
the provisions of this chapter, he may serve, personally or by certified
mail to the holder of the license, a written order which will require
the holder of the license to correct the conditions specified in such
order within 10 days after the service of such order. The Code Enforcement
Officer shall, for purposes of determining compliance with this chapter,
be authorized to make periodic inspections of all manufactured home
parks and shall be provided entry to accomplish that task. The Town
Board shall specify the frequency of such inspections and set fees
to cover costs involved.
B.
If the holder of such license shall refuse or fail to correct the
condition or conditions specified in such order within 10 days after
the service of such order, the Code Enforcement Officer may suspend
such license and the holder of the license shall thereupon terminate
the operation of such manufactured home park, provided residents have
been afforded adequate opportunities to re-locate consistent with
state and/or federal law.
C.
However, if the owner or operator of such manufactured home park
shall thereafter correct such conditions and bring the manufactured
home park into compliance with this chapter, such owner may then apply
for the issuance of a new license for such park; and if the application
is approved and a license granted, the applicant shall pay to the
Town the fee required by this chapter without any credit for the fee
paid for the license which was revoked.
D.
Any license which is not used for the purpose intended within two
years of the date of issuance, as evidenced by placement of the home(s)
on the designated site, shall automatically expire.
E.
No license for a manufactured home park, or any portion of a manufactured home park, shall be issued unless and until all improvements as required herein, including landscaping and screening, have been physically installed, inspected and approved by the Code Enforcement Officer, except that roads shall be approved by the Town Highway Superintendent, in consultation with the Town Engineer, as may be required. In those instances where a manufactured home subdivision is to be created and individual lots are to be conveyed for purposes of placing a manufactured home, all required improvements will be installed or financially secured pursuant to § 277 of the Town Law and all other requirements of Chapter 241, Subdivision of Land, of the Town Code shall be met. Such subdivisions shall be subject to the development standards provided herein and in the Town zoning and subdivision laws.[1] Should the latter development standards and the standards
herein conflict, the more restrictive standard shall apply.
A.
Any person, partnership, association or corporation who or which
violates any provision of this chapter shall be guilty of an offense
against this chapter and subject to a fine of not less than $100 or
more than $350. When a violation of any of the provisions of this
chapter is continuous, each day or portion thereof shall constitute
a separate and distinct violation.
B.
In addition to the above-provided penalties, the Code Enforcement
Officer may maintain a civil action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
this chapter or to restrain, by injunction, the violation of this
chapter.
None of the provisions of this chapter shall be applicable to
the following:
A.
The business of manufactured home sales, except that where units
are used as living quarters, they shall conform with the provisions
of this chapter.
B.
The storage of an unoccupied manufactured home; provided, however,
that such unoccupied manufactured home shall not be parked or located
between the street line and the front building line of any premises
or within any required yard area.
C.
A manufactured home located on the site of a construction project,
survey project or other similar work project which is used solely
as a field office or work or tool house in connection with such project,
provided that such manufactured home is removed from such site within
30 days after the completion of such project.
D.
A modular home or factory-manufactured home, other than a double-wide
manufactured home, which is prefabricated in sections, transported
to the building site then fastened together and anchored to a permanent
and totally enclosed masonry foundation and which has a minimum width
of 24 feet for its entire length and contains a minimum of 960 square
feet of usable living space.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The issuance of any license pursuant to the provision of this
chapter shall not be deemed to waive compliance, by the holder thereof,
by the property owner or by any occupant of any court or manufactured
home park statute of the State of New York or health regulation of
the State of New York or the County of Sullivan or the Town of Tusten
or of any provision of this chapter.
A.
The Planning Board may, for good cause shown, authorize waivers from
the strict interpretation of the provisions of this chapter affecting
existing manufactured home parks and manufactured homes, except that
it shall not waive any requirement which would otherwise require a
variance of the Town of Tusten Zoning Law[1] and necessarily be handled by the Zoning Board of Appeals.
B.
Procedure for waivers.
(1)
The owner of an existing manufactured home park or manufactured home
outside a manufactured home park may apply for a variance by filing
an application with the Code Enforcement Officer, together with an
application for a license, setting forth the reasons for the variance.
(2)
Fees for waiver applications shall be established by resolution of
the Town Board.
