[HISTORY: Adopted by the Board of Trustees of the Village
of Coxsackie 1-11-2018 by L.L. No. 2-2018.[1] Amendment noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 66.
Property maintenance — See Ch. 106.
Sewers — See Ch. 119.
Streets and sidewalks — See Ch. 129.
Water — See Ch. 152.
Zoning — See Ch. 155.
[1]
Editor's Note: This local law also repealed former Ch.
87, Manufactured and Modular Homes, adopted 6-17-2008 by L.L. No.
4-2008.
This chapter is intended to regulate the location, development, and operation of mobile home parks in the Village of Coxsackie. The provisions of the existing Chapter 87 are antiquated and inadequate. This chapter expands the definition of a "mobile home" and distinguishes a "modular home," as defined in Chapter 155, Zoning, of the Village Code. This Local Law[1] also repeals Chapter 87 and replaces it with the provisions of this chapter.
[1]
Editor's Note: "This Local Law" refers to L.L. No. 2-2018,
adopted 1-11-2018.
As used in this chapter, the following terms shall have the
meanings below:
Any portable or mobile structure designated for habitable living purpose, with or without rigid supports and with or without its wheels, rolls or skids in place, and with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein as defined in 24 CFR 3280. Mobile home shall not include "modular home," as defined in the Village Code § 155-4.
A building or structure that is an addition to or supplements
the use and is incidental to that of the mobile home and located on
the same site therewith. It is not a self-contained, separate, and
habitable building or structure.
All new mobile homes in the Village of Coxsackie shall be
located in a mobile home park. A mobile home park shall have a minimum
of 100 feet of frontage on a public highway. It shall consist of at
least 20 acres of contiguous land under common ownership on which
at least four or more mobile homes are located which may be occupied
by persons for residential purposes other than recreation, traveling,
or vacationing, and who are provided services or facilities necessary
for their use of the property.
A designated parcel of land in a mobile home park provided
by the operator and designed for accommodating one mobile home, its
accessory buildings or structures, and accessory equipment for the
exclusive use of its occupants.
The durable surface located on a mobile home site which has
been reserved for the placement and capable of supporting the mobile
home.
Is the owner or lessee of real property applying for a mobile
home park site plan or any person who is designated as or holds himself
out to be responsible for the operation and maintenance of the mobile
home park and such services and facilities as are provided and/or
necessary for the use of such property.
An individual, group of individuals, partnership, corporation,
company, or association.
In addition to the standards in Article X of Chapter 155 of the Village Code, the Planning Board shall consider the following standards when reviewing an application for a mobile home park:
A.
Where a mobile home park abuts a "local street" or a "major street" as defined in Chapter 132, Subdivision of Land, or an existing residential area, the Planning Board may require that a perimeter landscaped strip no more than 25 feet wide be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip.
B.
Where the mobile home park abuts an existing or planned nonresidential
area the Planning Board may require that a perimeter landscaped strip,
no more than 50 feet wide, be established along the abutting property
line. All required setbacks shall be measured from the inner edge
of the perimeter strip.
C.
The Planning Board may require that perimeter strips be landscaped
in a manner to buffer and screen from view adjoining residential,
commercial or industrial uses from the mobile home park. Buffering
and/or screening shall be constructed prior to the issuance of a certificate
of occupancy. Buffering and/or screening may be accomplished as follows:
D.
In addition to the open space requirements in this chapter, a minimum
of 20% of the gross mobile home park area shall be landscaped. The
perimeter landscaping provided in this section may be included in
the calculation of the minimum landscaped area. All landscaping shall
be maintained, including regular irrigation, mowing, removal of weeds,
and pruning and trimming of trees and shrubs, as necessary.
E.
A patio of stone, concrete, or equivalent material of at least 160
square feet shall be installed by the operator at each mobile home
site prior to issuance of a certificate of occupancy of any mobile
home at the mobile home site.
F.
When a mobile home park is bounded by more than one major or collector
street, only one access point from each street shall be allowed.
G.
No mobile home park entrance shall be closer than 100 feet to an
intersection of a public street.
H.
No mobile home site shall directly access a street bordering the
mobile home park unless it is a public street that extends into the
park.
I.
Each mobile home site shall directly access a street within the mobile
home park. During site plan review, the Planning Board shall determine
that all driveways and street intersections shall have views that
are not materially obstructed so as to create a potential safety hazard
for pedestrians or drivers.
J.
A minimum of 25% of the total mobile home park area shall be reserved
for recreational facilities available to all mobile home park residents.
Perimeter landscaping shall not be included as part of the required
recreational facility area.
K.
A mobile home in a mobile home park must have proof that it is manufactured
in compliance with 24 CFR 3280.
A.
Streets within a mobile home park shall be constructed to conform to the design standards contained in Article III of Chapter 132, Subdivision of Land. The Planning Board may waive a design standard of Article III in connection with a mobile home park only upon determining that adherence to a specific design standard would serve no useful purpose within a mobile home park and that the cost to the operator of the mobile home park would be burdensome and would outweigh the benefit of adhering to the standard.
B.
All streets within a mobile home park shall have a sidewalk with
a minimum width of five feet on at least one side of the street.
During site plan review, the Planning Board shall determine
that the following minimum requirements shall be met for each designated
mobile home site:
A.
Each mobile home shall be located so that the mobile home site has
exclusive use and occupancy of no less than 10,000 square feet, and
each mobile home site shall be designated on a mobile home park site
plan.
B.
Any mobile home shall be at least 20 feet from any other mobile home
or from the closest edge of fencing, from the closest edge of a driveway,
or from any accessory structure associated with another mobile home.
C.
Each mobile home, including porches or decks, shall be at least 20
feet from the closest paved surface of a street or sidewalk.
D.
No structure in a mobile home park shall exceed two stories or 35
feet, whichever is less.
E.
Lot coverage. The area occupied by the mobile home and accessory
buildings and structures shall not exceed 25% of the designated mobile
home site.
F.
Each mobile home stand shall be built to industry standards to accommodate
the size of the mobile home, which shall be no less than 1,000 square
feet in total area.
G.
Parking. Each mobile home lot shall have off-street parking for at
least two vehicles. In addition, one space shall be provided for each
vehicle used in connection with the facility; parking for such vehicles
to be in a separate designated area. No parking shall occur in a perimeter
yard.
A.
A new mobile home park or the modification of an existing mobile home park shall require site plan approval from the Planning Board. Such approval is subject to the requirements of this chapter and Article X of Chapter 155, Site Plan Approval. An application for site plan review of a mobile home park shall be deemed incomplete unless it is also accompanied by a copy of the operator's filed application submitted to the Department of Health pursuant to 10 NYCRR 17.1 of Part 17 of Chapter I of Title 10 of the regulations of the New York State Department of Health.
B.
A site plan application shall include the contact information, including
name, mailing address, and e-mail address of the operator. The Village
may use the provided contact information for notices required by this
chapter, and it will be presumed that a notice sent to the address
provided was received by the operator. The operator is responsible
to update or correct invalid or outdated contact information.
The Planning Board shall determine a site plan application for a mobile home park in accordance with § 155-68 of Article X[1] and the standards set forth herein. If the Planning Board
approves a new mobile home park or modification of an existing mobile
home park, a condition of its approval shall be that the operator
obtain a permit under 10 NYCRR 17.4 from the New York State Department
of Health to operate or modify a mobile home park. The operator shall
file a copy of such permit to the Village Clerk.
A.
Certificate of occupancy. Prior to permitting occupancy of a new
mobile home park or a modification to an addition to an existing mobile
home park, the operator shall obtain a certificate of occupancy from
the Village Building Inspector. After inspection of the mobile home
park, the Building Inspector shall issue a certificate of occupancy
if he or she determines that all improvements required by the site
plan approval have been completed and that all utilities, including
water, wastewater, and electricity have been installed and are fully
operational. The certificate of occupancy shall continue to be effective
unless it is modified or revoked in accordance with the provisions
of this chapter.
B.
Inspection and notices of violation.
(1)
The operator shall allow the Building Inspector to inspect the mobile home park upon reasonable notice, which notice may be given orally or in writing. If, upon such inspection, the Building Inspector determines that the mobile home park is in violation of the approved site plan and accompanying conditions or that the mobile home park is no longer being maintained consistent with the site plan, then the Building Inspector shall provide the operator with a notice of a violation in accordance with § 155-100 of Chapter 155.
(2)
If the operator fails or refuses to correct noticed violations within
the time period specified in the notice, then for each week a violation
continues thereafter, the operator shall be guilty of a misdemeanor
crime punishable by a fine of up to $1,000, a period of imprisonment
of up to 15 days, or both. Each week a violation continues will constitute
a distinct and separate offense.
C.
Other remedies. In addition to the remedies set forth above, the
following remedies shall be available to the Village:
(1)
The Village may commence an action or proceeding in the Supreme Court
of Greene County seeking injunctive relief against the operator of
the mobile home park to obtain a court order to correct the violations
and provide for other relief consistent with the health, safety and
welfare of the occupants of the mobile home park.
(2)
The Building Inspector may revoke a certificate of occupancy if the
operator refuses within 30 days after receiving a notice of violation
to correct violations that constitute a threat to the health, safety
and welfare of the mobile home park occupants. A revocation by the
Department of Health of its permit issued pursuant to 10 NYCRR 17
shall constitute a violation posing a threat to the health, safety
and welfare of the mobile home park occupants and subjects the certificate
of occupancy to revocation. The Building Inspector shall provide the
operator with notice of a certificate of occupancy revocation at least
45 days before the effective date of the revocation. Within that forty-five-day
period the operator may request a hearing before the Village Board
on the pending revocation, and the Village Board shall forthwith hold
such a hearing. The hearing shall be informal and shall not require
the taking of testimony or the swearing in or cross examination of
witnesses.
(3)
The Village Board shall render its decision on the revocation notice
at the conclusion of the hearing. If the Village Board upholds the
revocation, the Building Inspector is authorized to post at the entrance
to the mobile home park conspicuous notices informing the occupants
of the mobile home park that the Village has revoked the certificate
of occupancy and that the reasons for the revocation are on file with
the Village Clerk.
(4)
The operator shall be liable to the Village for a civil fine of $100
for each day a violation continues beyond 30 days after the notice
of violation was received.
This chapter is not intended to supersede or modify any other
provisions of local or state law which concern the construction, assembly,
operation or placement of mobile homes.
