Local Law No. 4 of 2014 shall be known as the "Mobile Home Park
Law of the Town of Lansing" (hereinafter the, or this, "chapter").
This chapter shall supersede and repeal all existing ordinances of
the Town of Lansing purporting to regulate mobile homes and mobile
home parks.
The intent and purpose of this chapter is to promote the public
health, safety, protection and general welfare of the Town of Lansing,
including those living in mobile home parks, in the following manners:
A. By the requirement that mobile home parks be established only in
accordance with approved plans for the same; and
B. By the use of standards and regulations for the design and operation
of mobile home parks.
As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY STRUCTURE
A building or structure that is located upon the same lot
as the principal building, structure, or use, when used for purposes
that are subordinate and incidental to those of the principal building,
structure, or use.
DRIVEWAY
A minor private way used by vehicles and pedestrians in a
mobile home park to provide primary access to one or two mobile home
lots, which driveway may include areas for off-road parking.
ENFORCEMENT OFFICER
The duly appointed Building Inspector of the Town, the Code
Enforcement Officer of the Town, and any other person appointed by
the Town Board to interpret, apply, or enforce this chapter, or to
otherwise represent the Town in matters pertaining to this chapter.
MANUFACTURED HOME
Any definition of "manufactured home" provided by New York
State law is hereby incorporated by reference.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
MOBILE HOME
A structure transportable in one or more sections that, in
the traveling mode, is eight feet (2,438 mm) or more in width or 40
feet (12,192 mm) or more in length or, when erected on site, is 320
square feet (29.7 m2) minimum, and that
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 and includes the plumbing,
heating, air-conditioning, and electrical systems contained therein.
The term mobile home shall include a "manufactured home" as defined
in NYS law, and includes any structure that meets all the requirements
of the definition of a mobile home 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
and complies with the standards established under the National Manufactured
Housing Construction and Safety Act of 1974, as amended. The term
"manufactured home" shall not include any self-propelled recreational
vehicle.
MOBILE HOME LOT
A space for rent or lease within (and only within) a mobile
home park that is designed for occupancy by one mobile home and its
allowed or permitted accessory structures.
MOBILE HOME PARK
A parcel of land which has been designed and improved for
the placement of three or more mobile homes.
MOBILE HOME STAND
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home.
OFF-ROAD
An area of a mobile home lot that is not part of, or within,
any public highway, private road, or any park street, whereupon the
driveway and designated parking areas for mobile home lots may be
and usually are situate.
PARK SITE PLAN
The plan required of an applicant pursuant to the standards
for mobile home parks and applications therefor as established by
this chapter, including all requirements of New York State law which
are required to be met, maintained, or adhered to in order to lawfully
establish, maintain, and operate a mobile home park in the Town. Said
plan shall show in sufficient detail, as required by local reviewing
authorities, all of the required information pertaining to the proposed
layout of a premises for a mobile home park as required by this chapter.
PARK STREET
A private way which affords a connection to a public highway
and provides also a principal means of access for residents and others
using a mobile home park, including by providing vehicular and pedestrian
access to driveways or auxiliary facilities and buildings within the
mobile home park.
PATIO
A surfaced outdoor living space designed and intended to
supplement the interior mobile home living area, usually upon a seasonal
basis.
PLANNING BOARD
The duly appointed Planning Board of the Town, including
the alternate members thereof.
SITE PLAN REVIEW
A.
The site plan review process as set forth in Chapter
270, Zoning, as now exists or hereafter re-codified or amended; and
B.
Site plan standards or requirements specific to mobile home
parks as set forth in this chapter.
TOWN
The Town of Lansing, in Tompkins County, New York.
TOWN HIGHWAY DEPARTMENT
The Highway Department of the Town of Lansing, and whenever
approval or review of such Town Highway Department is called for or
referenced in this chapter, such term shall signify approval in writing
by the Town Highway Superintendent or Deputy Highway Superintendent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter the Town's justice court is hereby vested
and imbued with jurisdiction to issue administrative and other warrants
in compliance with the New York Criminal Procedure Law and administrative
codes of the State of New York, as well as to hear and adjudicate
allegations relating to the criminal or civil violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. First violation. Any person or entity that violates any of the provisions
of this chapter shall be guilty of a criminal violation and subject
to a fine of not more than $500, or subject to a civil penalty of
not more than $1,000 to be recovered by the Town in a civil action.
C. Second violation. Any violation that is found to have occurred within
two years of any prior civil or criminal determination of any other
violation of this chapter shall be deemed a second violation. Any
person or entity that commits any second violation shall be:
(1) Guilty
of an unclassified misdemeanor and subject to a fine not less than
$500 nor more than $2,500 and a period of incarceration not to exceed
120 days; or
(2) Subject
to a civil penalty of not less than $1,000 nor more than $5,000 to
be recovered by the Town in a civil action.
D. Each week that any noncompliance or violation continues is and may
be charged as a separate violation.
E. In addition to any other remedy, a violation of, or noncompliance
with, this chapter may result in the termination, modification, or
revocation of any permits or approvals as issued.
F. The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1) Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(a) Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(b) The Town shall not be required to post any bond or undertaking; and
(c) The Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In
such action, the court may also award any damages or other relief
requested, including declaring the rights and interests of any parties
and imposing any civil penalties. The remedies provided by this chapter
shall not be in lieu of, and shall be in addition to, any other right
or remedy available to the Town, whether sounding in enforcement or
otherwise.
The Town shall not be liable or responsible for any injury to
persons or damage to property due to the Town's actions, or failures
to act, under or pursuant to this chapter, unless it is proven to
a reasonable degree of certainty that such injury or damage was solely
caused by a willful or intentional tortious act of the Town.
If any clause or provision of this chapter shall be held invalid
or unenforceable by a court or tribunal of competent jurisdiction,
such holding shall not affect or invalidate the remainder of this
chapter and any such invalidity or unenforceability shall be confined
in its operation to the clause or provision directly involved in the
controversy in which such holding shall have been rendered.