Mobile homes may be permitted in the areas designated on the Zoning Map of the Town of Macedon as a Mobile Home District and only when located in a duly authorized mobile home park subject to the provisions of this chapter. Under certain circumstances, a temporary permit may be issued by the Town Board as provided in § 300-127 of this chapter.
All mobile home parks shall be planned as a unit and shall be
located on a tract of land at least 25 acres in area. No person or
persons, being the owner or occupant of any land in a Mobile Home
District, shall use or permit the development and use of such land
as a mobile home park without first obtaining a permit therefor as
provided in this chapter. Such permit shall be renewed annually.
A.
Application for permit. Applications for a permit for a mobile home
park shall be filed in writing with the Town Board. Twelve copies
of said application shall be provided and shall include the following:
(1)
Names and addresses of all applicants if an individual or partnership,
and the name and address of principal officers if a corporation.
(2)
Name and address of the owner of land upon which the mobile
home park is to be located.
(3)
Location map.
(4)
Drawing(s) of the proposed mobile home park indicating how it
is to be designed so as to be in conformity with the requirements
of this chapter.
(5)
Site development plans which provide the level of detail consistent with § 300-17 of this chapter.
(6)
An indication of existing topography and drainage patterns,
including wet or swampy areas.
(7)
A copy of all contemplated park rules, regulations and covenants;
a list of management and tenant responsibilities; a written statement
of any entrance and exit fees, utility connection fees or any security
deposits to be charged.
(8)
Such further information as the developer may feel is necessary
to describe his intent and ability to comply with the environmental,
health and safety standards of this chapter.
B.
Procedure. Upon the submission of such application, the Town Board
shall refer the application to the Planning Board to review the same
in accordance with the following procedures:
(1)
Within 45 days from receipt of the application, the Planning
Board shall review the plans and related documents with the applicant
and shall render a written report to the Town Board and to the applicant,
after consultation with the County Planning Board. Prior to submitting
its report to the Town Board, the Planning Board shall conduct a public
hearing on said application, which hearing shall be duly advertised
in accordance with Town Law.
(2)
Within 45 days from the date of the receipt of the report from
the Planning Board, the Town Board shall approve, modify and approve
or disapprove the application and instruct the Zoning Officer to issue
the appropriate permits. Prior to making a decision on the application,
the Town Board may conduct a public hearing, duly advertised in accordance
with Town Law.
C.
Renewal of mobile home park permit.
(1)
The Zoning Officer shall review a mobile home park permit every
year on the anniversary date of its issuance and renew the same if
the site is in compliance with all the provisions of this chapter.
(2)
If the mobile home park has not been constructed in accordance
with approved plans and all conditions attached thereto or if a violation
of this chapter shall be found or if any unapproved changes shall
have taken place, the permits shall not be renewed until said mobile
home park has been brought into compliance.
A.
The owner of any mobile home park existing prior to the adoption
of this chapter shall apply for a mobile home park permit within one
year from the date of adoption of this chapter, and such permit shall
be subject to renewal annually thereafter.
B.
Upon initial application, the Zoning Officer shall issue a temporary
permit valid for two years and shall serve notice on the park owner
of any safety and/or sanitary violations of this chapter which might
exist. Any additions to the park shall comply with the provisions
of this chapter.
The Town Board may issue a temporary permit for a mobile home
not located in a mobile home park in the event that a permanent residence
has been damaged or destroyed or for other similar hardship. Such
temporary permits may also be issued by the Town Board when an applicant
desires to use such a mobile home for temporary office or storage
space. In such cases, said mobile home shall be removed within 12
months from the date of issuance of the temporary permit, unless extended
for an additional period of time by the Town Board upon good cause
shown.
A.
Neighborhood. Mobile home parks shall be located in those areas specified
in this chapter and Zoning Map of the Town of Macedon.[1] In no case shall a site be approved in an area subject
to objectionable smoke, odor or other similar adverse environmental
influence.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
B.
Relationship to major roads. Mobile home parks plans shall include a sketch of the site as it relates to major traffic arteries with indications of anticipated traffic patterns to the park. Direct connections onto major highways shall be in accordance with the standards set forth in § 300-135 of this chapter.
A.
General requirements. Topography, groundwater level, surface drainage
and soil conditions shall not be such as to create hazards to the
property or to the health and safety of the occupants. No developed
portion of the site shall be subject to excessive settling or erosion.
A sloping site should be graded to produce terraced lots for placement
of the mobile home units and, in general, units should be placed parallel
rather than perpendicular to the slope.
B.
Surface drainage. Mobile home park plans shall show all proposals
for changes in existing surface drainage patterns. All parks shall
be graded to prevent ponding of surface water. If any part of the
site is located in a floodplain, no structure or mobile home shall
be located on any land designated as an area of special flood hazard.
C.
Soils. Soils shall have sufficient bearing and stability properties
to provide adequate support for mobile home installations. Topsoil
should be of sufficient depth to sustain lawns, trees and other vegetation.
D.
Natural features. Mobile home park plans shall show existing tree
masses or trees over six inches in diameter, hedgerows and other notable
existing natural features, such as streams or rock formations. Such
natural features shall be retained as much as possible in the site
plan, and densities shall be reduced, if necessary, to permit such
retention.
A.
Required separation. Mobile home units may be positioned in a variety
of ways within a park, provided that a separation of at least 25 feet
is maintained between units. A drawing showing proposed layout of
mobile home units shall be prepared.
B.
Setback. No mobile home shall be located less than 35 feet from the
pavement edge of a private park street or 25 feet from the right-of-way
line of any internal public street within a mobile home park. No mobile
home shall be placed within 100 feet of any property line or street
line which abuts the mobile home park.
C.
Density. The density of development in a mobile home park shall not
exceed six units per gross acre.
D.
Minimum lot size. Mobile home lots shall be a minimum of 6,000 square feet in area and have a minimum width of 55 feet. In special cases, where unusual park design provides for side streets or a greater amount of usable recreation or public open space than required by this chapter or when other special conditions exist, the Planning Board may approve a modification of lot size. In no case, however, shall the gross density, as specified in Subsection C of this section above be exceeded, nor shall any lot width be reduced below 50 feet.
A.
Park road layout. A drawing of the proposed park road layout, including
connections to be made to adjacent existing roads or highways, shall
be included in all mobile home park plans. Straight, uniform, gridiron
road patterns should be avoided unless they can be relieved by mobile
home clustering, landscaping and an interesting open space system.
B.
Park Road construction. All roads within a mobile home park shall
conform to the right-of-way requirements and construction specifications
of the Town of Macedon.
C.
Off-street parking. Two off-street parking spaces shall be provided
for each mobile home site. Such spaces may be located on the individual
lot or grouped to serve two or more mobile home sites. The construction
of such parking areas shall meet or exceed the Town's Highway Department
construction specifications.
[Amended 6-25-2020 by L.L. No. 3-2020]
D.
Storage space for auxiliary vehicles. No travel trailer, camper,
boat, snowmobile or similar auxiliary vehicle or conveyance shall
be stored on any mobile home lot. However, storage space shall be
provided within the park for auxiliary vehicles. The construction
of such parking areas shall meet or exceed the Town's Highway Department
construction specifications.
[Amended 6-25-2020 by L.L. No. 3-2020]
Mobile home lot adjacent to park entrance. No mobile home lot
shall be located less than 100 feet from the intersection of a park
entrance road and a public highway, and no private mobile home driveway
shall make a direct connection with an existing public highway.
A.
The display and sale of mobile homes shall not be permitted in any
area where mobile home parks are permitted and which is zoned for
residential development at densities greater than two dwelling units
per acre, unless such sales area is located within the mobile home
park itself and not adjacent to a public street.
B.
No display or sales area shall be located at the park entrance.
C.
In any zone where mobile home sales are permitted, such sales area
shall be surfaced with asphalt or other hard, dust-free surface and
should contain a minimum of six off-street parking spaces for customers.
D.
All sales areas shall be landscaped and buffered from adjacent mobile
home units and other residential areas by a dense hedge or topographical
changes or divisions acceptable to the Planning Board. A combination
of landscaping and decorative fencing may be substituted.
A.
If park facilities and activities such as meeting rooms, recreation
buildings, laundry rooms and swimming pools are to be included in
the mobile home park, the plan shall include details of these facilities
and the owner's statement of intent to provide adequate supervision
and management of such facilities and activities.
B.
All park facilities and activities shall be landscaped with trees,
shrubs and grass and shall provide adequate paved off-street parking
space.
C.
Park facilities and activities shall be located and designed in a
manner that will be a visual asset to the mobile home park and compatible
with the residential character of the park.
A.
Open space and developed recreation areas. In all mobile home parks,
a variety of open spaces shall be provided so as to be usable by and
easily accessible to all park residents. Such open space shall be
provided on the basis of not less than 500 square feet for each mobile
home unit with a total minimum requirement of 12,000 square feet.
Part or all of such open space shall be in the form of developed recreation
areas located in such a way and of adequate size and shape as to be
usable for active recreation purposes. All open space shall be stabilized
by grass or other forms of ground cover which will prevent dust and
muddy areas.
B.
Buffer zones. Mobile home parks shall be buffered from such development
or highway by a hedge or similar landscaped screen which will rapidly
reach a height of at least six feet. A combination of landscaping
and decorative fencing may be substituted, provided that the height
requirement is met and considerable landscaping is used.
C.
Soil and ground cover requirements. Exposed ground surfaces in all
parts of any mobile home park shall be paved, surfaced with crushed
stone or other solid material or protected with grass or other ground
cover capable of preventing erosion and of eliminating objectionable
dust.
D.
Trees. At least one tree shall be planted on each mobile home lot
if no such tree already exists. Planted trees shall have a caliper
of at least two inches at the date of planting.
E.
Walkways. Each mobile home stand shall be provided with a walkway
leading from the stand to the street or to a driveway or parking area
connecting to the street. Such walkway shall be constructed in accordance
with the Town of Macedon Highway Department construction specifications.
If common walkways are provided, they shall meet the same specifications,
with the exception of width, which shall increase to four feet.
[Amended 6-25-2020 by L.L. No. 3-2020]
F.
Fencing. If fencing of individual lots within the park is to be provided
by the mobile home occupant, standards shall be provided by the park
operator so the consistency can be maintained. Specifications shall
accompany the original submission.
G.
Park lighting. All parks shall be furnished with adequate lights
to illuminate streets, driveways and walkways for the safe movement
of vehicles and pedestrians at night. Electric service to such lights
shall be installed underground, and decorative lighting fixtures shall
be used where possible.
A.
Support of the mobile home unit. Each site shall be provided with
a stand which will give a firm base and adequate support for the mobile
home. Such stand shall have a dimension approximating the width and
length of the home and any expansions or extensions thereto. Anchored
tie-downs shall be provided at least on each corner of the stand.
B.
The stand area shall be graded to ensure adequate drainage, but in
no event shall the grade variance exceed six inches from one end of
the stand to the other.
[Amended 6-25-2020 by L.L. No. 3-2020]
Each site shall be provided with a patio with a minimum width
of 10 feet and a total area of at least 200 square feet. Such patios
shall be constructed in accordance with the Highway Department construction
specifications of the Town of Macedon and shall be located so that
access to the front door of the mobile home can be obtained. The following
additional specifications shall also apply:
A.
Unit skirting. The mobile home shall be completely skirted within
90 days of occupancy. Materials used for skirting shall provide a
finished exterior appearance and shall be similar in character to
the material used in the mobile home.
B.
Expansions and extensions. Expandable rooms and other extensions
to a mobile home unit shall be supported on a stand constructed in
accordance with construction standards for the mobile home stand.
Skirting shall be required around the base of all such expansions
or extensions.
C.
Steps shall be installed at all entrance and exit doors. Such steps
shall be constructed of materials intended for permanence, weather
resistance and attractiveness and shall be equipped with handrails.
A.
The storage, collection and disposal of solid waste in the mobile
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.
If group solid waste storage areas are provided for park occupants,
they shall be enclosed or otherwise screened from public view and
shall be rodent- and animal proof and located not more than 300 feet
from any mobile home site they are to serve. Containers shall be provided
in sufficient number to properly store all solid waste produced.
A.
The mobile home park electrical distribution shall be installed underground
and shall comply with the national electric code and with requirements
of the utility company serving the area and the Public Service Commission.
B.
The distribution system for telephone service shall be underground
in accordance with the standards established by the telephone company.
A.
All mobile home parks shall be provided with facilities for the safe
storage of necessary fuels. All systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
B.
Natural gas installations shall be planned and installed so that
all components and workmanship comply with the requirements of American
Gas Association, Inc., and conform to the requirements, inspections
and approval of the utility which will supply this product.
C.
Heating systems with common supplies shall be designed, constructed,
inspected and maintained in conformance with the provisions of National
Fire Protection Association, Standard 30. In the event that a park
system which requires pumping for fuel distribution is planned, a
backup pump shall be required.
D.
Liquefied petroleum gas systems shall be selected, installed and
maintained in compliance with the requirements of National Fire Protection
Association, Standard 58. LPG tanks shall be located to the rear of
the mobile home site and shall be landscaped and screened from public
view.
A.
The mobile home park plan shall include a list of the applicable
rules and regulations of the fire district wherein said park is located
and shall comply with such rules and regulations.
B.
Fire hydrants shall be installed in accordance with the requirements
of the district and inspected and approved by the Water Superintendent.
A.
Mailbox location shall provide safe and easy access for the pickup
and delivery of mail.
B.
Grouped mailboxes for cluster delivery shall be located in a way
that will not require stopping on a public right-of-way for pickup.
C.
When mailboxes are grouped together for some form of cluster delivery,
such groupings shall be suitably landscaped.
The person to whom a permit for a mobile home park is issued
shall operate the park in compliance with this chapter and shall provide
adequate supervision to maintain the park, its common grounds, streets,
facilities and equipment in good repair and in a clean and sanitary
condition.
A.
This article shall be enforced by the Zoning Officer and the New
York State Department of Health. Said officers and their inspectors
shall be authorized and have the right in the performance of duties
to enter any mobile home park and make such inspections as are necessary
to determine satisfactory compliance with this article and regulations
issued hereunder. Such entrance and inspections shall be accomplished
at reasonable times, after prior notice to the park operator and,
in emergencies, whenever necessary to protect the public interest.
Owners, agents or operators of a mobile home park shall be responsible
for providing access to all parts of the premises within their control
to the Zoning Officer or to his agents acting in accordance with the
provisions of this article.
B.
It shall be the duty of the Zoning Officer to make necessary inspections
required every year for renewal of mobile home park permits, to investigate
all complaints made under this chapter and to request the Town Board
to take appropriate legal action on all violations.
A.
Orders. Upon determination by the Zoning Officer that there has been
a violation of any provision of this chapter, he shall serve upon
the holder of the permit for such mobile home park an initial order,
in writing and by registered mail, directing that the conditions therein
specified be corrected. The order shall contain an outline of remedial
action which, if taken, will effect compliance and specify the number
of days within which such remedial action is to be completed.
B.
Notices. If the violations are not corrected within the period of
time specified in the order, the Zoning Officer shall serve a notice,
in writing, upon such mobile home park operator requiring the holder
of the park permit to appear before the Town Board to show cause why
the mobile home park permit should not be revoked. Such hearing before
the Town Board shall occur not less than 48 hours nor more than 30
days after the date of service of said notice.
C.
Hearings. Within 30 days after the hearing at which the testimony
and witnesses of the Zoning Officer and the mobile home park permit
holder shall be heard, the Town Board shall make a determination,
in writing, sustaining, modifying or withdrawing the order issued
by the Zoning Officer. Failure to abide by any Town Board determination
to sustain or modify the initial order of the Zoning Officer and to
take corrective action accordingly shall be cause for the revocation
of the mobile home park permit affected by such order and determination.
