[Amended 4-3-1989 by L.L.
No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
This article shall be known and may be cited as the "Village
of Canisteo Mobile Home Park Law."
Because of the special problems related to mobile homes that
are not necessarily associated with other housing types, it is necessary
to provide for a separate standard for mobile homes so as to promote
the safety and health of the residents of mobile homes and nearby
residents, to encourage the economical and orderly development of
the Village, to promote the health, safety and general welfare and
to eliminate and prevent health and safety hazards by providing standards
and regulations necessary to accomplish these purposes as authorized
under Article 4 of the Village Law of the State of New York.
A.
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B.
In addition, or as an alternative to the above-provided penalties,
the Board of Trustees may also maintain an action or proceeding in
the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
article.
Should any provision of this article be in conflict with existing
regulations applicable to the Village of Canisteo, the more restrictive
shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
As used in this article, the following terms shall have the
meanings indicated:
A shade structure supported by posts or columns and partially
supported by a mobile home installed, erected or used on a mobile
home lot.
An awning or shade structure for a vehicle or vehicles, which
may be freestanding or partially supported by a mobile home.
A dwelling unit constructed off site, consisting of one or
more segments and designed to be permanently anchored to and supported
by a foundation to become a fixed part of the real estate. Such dwelling
unit shall bear an insignia of approval issued by the State of New
York.
A legally designated health authority or its authorized representative
of the Village of Canisteo.
A private way which affords principal means of access to
abutting individual manufactured home lots and community service buildings.
Any person licensed to operate and maintain a manufactured
home park under the terms of this chapter.
A dwelling unit bearing a seal issued by the Federal Department
of Housing and Urban Development that is manufactured as a relocatable
living unit, which is designed to be transported on a permanent chassis
and to be installed on a site with or without a permanent foundation
when connected to utilities. This does not include Department of Motor
Vehicles registered recreation vehicles or travel trailers, provided
that they are not used as a permanent dwelling unit. This does not
include dwelling units that are prebuilt in one or more parts and
transported to and assembled on a permanent foundation.
A designated portion of a mobile home park designed for the
accommodation of one mobile home and its accessory buildings or structures
for the exclusive use of the occupants.
A contiguous parcel of land divided into two or more lots,
for sale or lease on which mobile homes are or will be placed for
non-transient use.
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
The same meaning as "manufactured home."
The same meaning as "manufactured home park."
A manufactured home lot with a manufactured home in place
on the stand thereon.
A manufactured home park.
A written document issued by the enforcing agency permitting
the construction, alteration or expansion of a manufactured home park.
Any person to whom a temporary permit is issued to maintain
or operate a mobile home park under the provisions of this article.
Any natural individual, firm, trust, partnership, association
or corporation.
A static construction of building materials, framed of component
structural parts for occupancy or use, including buildings, stadiums,
platforms, towers, sheds, display stands, storage bins, signs, fences,
reviewing stands, gasoline pumps, mobile dwellings and the like.
All mobile homes in the Village of Canisteo shall conform to
the following requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All new manufactured home units installed shall meet the requirements
of the Residential Code of New York State, Appendix E, Manufactured
Housing Used as Dwellings.
Each mobile home shall be provided with supports installed according
to the mobile home manufacturer's instructions. Units not provided
with such instructions shall be installed in compliance with the following
unless the entire system shall be designed by a registered professional
engineer.
A.
Placement.
(1)
The mobile home shall be placed upon a stand consisting of appropriate
material properly placed, graded and compacted so as to be durable
and adequate for the maximum load anticipated during all seasons.
(2)
The stand shall have a longitudinal gradient of 0% to 5% and adequate
crown or cross gradient for surface drainage.
(3)
The mobile home stand shall include provisions for all utility connections
at appropriate locations.
(4)
The mobile home stand shall include provision for supports prior
to or at the time a mobile home is set in place.
B.
Supports. Supports shall be provided not more than 12 feet on centers,
beginning from the front of the mobile home. End supports shall be
no more than three feet from the ends of the mobile home.
Each mobile home shall be skirted around the bottom portion
with uniform durable material properly ventilated, within 60 days,
weather permitting, of placement of the unit.
A.
Location of parks. A mobile home park shall be located in areas where
permitted by this Village of Canisteo Zoning Law.
B.
Minimum size. Each new mobile home park shall have a minimum area
of 10 acres containing clearly defined and marked mobile home lots
and stands, streets, service buildings and recreation areas.
C.
Access to public streets. No mobile home park shall be located except
with direct access to a public street or highway and with appropriate
frontage thereon to permit proper design of an access street. Said
access shall require prior approval of the Village Board of Trustees.
D.
General site requirements. The mobile home park shall in all respects
be suitable for residential use. It shall not create hazards to the
health and safety of the residents. It shall not be exposed to objectionable
smoke, dust, noise, odors, soils subsidence or the probability of
flooding or erosion. The soil, groundwater level, drainage, rock formations
and topography shall not create hazards to property or to the health
and safety of the residents.
E.
Lot size and density. Each mobile home shall meet the following minimum
requirements:
(1)
Minimum lot area: 5,250 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Front yard depth from internal street, measured from the edge of
the pavement: 20 feet.
(4)
Yard depth from public streets: 50 feet from the edge of the pavement
and 15 feet from any other park boundary.
(5)
Mobile home stands shall be located so that the mobile home unit
shall be separated from other units or structures by at least 25 feet,
excluding storage buildings, which may be within three feet of other
mobile homes or structures.
F.
Recreation area requirements.
(1)
Not less than 8% of the gross site area shall be devoted to recreation
facilities, generally provided in a central location.
(2)
Recreation areas may include space for a community building and community
use facilities, such as indoor recreation areas, swimming pools and
hobby and service buildings.
G.
Landscaping and screening.
(1)
Landscaping and screening will be required to the extent needed to
provide for the screening of objectionable views, adequate shading
and a suitable setting for mobile homes and other facilities.
(2)
Visual screening, where required, will be a solid fence six feet
high, maintained in good condition and free of all advertising. Planted
screens in lieu of such fence shall consist of evergreens not less
than six feet in height.
(3)
Screening may be required where appropriate for objectionable views
such as laundry drying yards, refuse collection stations, accessory
uses and adjacent properties.
(4)
Landscaping will be required in appropriate size, quantity and character
to provide an attractive setting for the mobile home and accessory
facilities, to provide privacy, to minimize glare and to afford shade.
(5)
Existing natural vegetation shall be protected to the extent possible
where such is suitable for preservation.
H.
Parking spaces. The following minimum requirements shall be met in
any new park:
(1)
Off-street automobile parking spaces shall be provided at the rate
of not less than two car spaces for each mobile home lot, plus one
additional space for each four mobile home lots.
(2)
Two spaces shall be located on each mobile home lot and the remainder
in conveniently adjacent parking bays.
(3)
Parking spaces shall be well-drained and uniformly graded. Base material
will be composed of gravel or crushed stone compacted to maximum density.
A smooth, well-drained surface, durable under normal use and weather
conditions, shall be provided.
(4)
The minimum size of parking spaces shall be nine feet by 20 feet.
I.
Street requirements. All mobile home parks shall be provided with
safe and convenient vehicular access from abutting public streets
or roads to each mobile home lot.
(1)
All streets shall be provided with a smooth, hard and dense surface
which shall be durable and well-drained under normal use and weather
conditions. Street surfaces shall be maintained free of cracks and
holes, and their edges shall be protected by suitable means to prevent
raveling and shifting of the base.
(2)
Street surface drainage and overland surface drainage adjacent to
streets shall be conveyed by shallow ditches to stormwater drains,
dry wells or natural drainage systems.
(3)
Grades of all streets shall not be more than 8%. Short runs with
a maximum of 12% may be permitted, provided that traffic safety is
assured.
(4)
Street intersections should generally be at right angles. Offsets
at intersections and intersections of more than two streets at one
point should be avoided.
(5)
Streetlighting shall be designed to produce a minimum of 0.1 footcandle
at street level throughout the system. Potentially hazardous locations
shall be individually illuminated with a minimum of 0.3 footcandle.
(6)
The street system shall provide convenient circulation by means of
minor streets and properly located collector streets. Dead-end streets
shall be limited in length to 500 feet and shall be provided with
adequate turnarounds to be approved by the Planning Board.
(7)
Pavement widths:
(a)
The entrance street connecting the mobile home park streets
with a public road shall have a minimum pavement width of 24 feet.
(b)
Minor internal streets serving less than 40 lots with no on-street
parking shall have a minimum pavement width of 20 feet.
(c)
Where on-street parking is provided, parallel parking lanes
a minimum of seven feet in width shall be provided.
J.
Patio pads. A patio pad shall be provided for each mobile home. The
patio area shall not be less than 100 square feet, with a least dimension
of 10 feet. Construction shall be either concrete pavement or movable
units of durable weather-resistant material.
K.
Fire protection. The water supply and fire protection facilities
servicing the mobile home park shall be in accordance with the standards
of the local fire prevention authority or shall meet the fire-protection
standards established by the National Fire Protection Association
standard NFPA No. 501A, whichever is more stringent.
L.
Service buildings. All service buildings and the grounds of the park
shall be maintained in a clean, sightly condition and kept free of
any condition that will menace the health of any occupant or the public
or constitute a nuisance.
M.
Outdoor storage prohibited. No open outdoor storage shall be permitted
on a mobile home lot. A storage structure may be located on individual
lots, provided that it shall not be in excess of 100 square feet.
N.
Awnings and carports. Awnings and carports may be erected and maintained
on a mobile home lot only as an accessory to a mobile home located
on the same lot, provided that:
(1)
An awning or carport may be constructed on a lot line, provided that
said awning or carport is constructed of material which does not support
combustion.
(2)
No separation is required between a freestanding awning or carport
and an awning or carport located on the same lot, provided that they
are not structurally interconnected.
(3)
Awnings or carports supported in part by the mobile home shall not
exceed 12 feet in width (projection).
O.
Refuse disposal. Each mobile home shall have adequate metal or plastic
garbage cans with tight-fitting covers. The cans shall be kept in
a sanitary condition at all times. Exterior property areas shall be
maintained free from organic and inorganic material that might become
a health, accident or fire hazard.
P.
Responsibilities of park owners and managers.
(1)
Any person or persons to whom a mobile home park license is issued
shall provide adequate supervision to maintain the park, its facilities
and equipment in good repair and sanitary condition at all times.
(2)
The park owner shall ensure that garbage and refuse shall be collected
at least weekly and properly disposed of.
(3)
The park owner shall notify the residents of all applicable provisions
of this article and inform them of their responsibilities thereof.
(4)
The management shall be responsible for the placement of each mobile
home stand, ensuring its stability and installing all utility connections.
(5)
The management shall be responsible for the proper placement of the
mobile home on its mobile home stand and the proper installation of
all utility connections.
Q.
Responsibilities of park residents.
(1)
The resident shall comply with all provisions of this chapter and
shall maintain his mobile home lot and its facilities and equipment
in good repair and sanitary condition.
(2)
Pets shall not be allowed to run at large or create any nuisance
within the limits of any mobile home lot.
(3)
Skirting, porches, awnings and other additions shall be installed
according to instructions of the park management. When installed,
they shall be maintained in good repair.
(4)
Every resident of the mobile home park shall provide the management
or any proper enforcing agency access to any part of the mobile home
lot, not including the mobile home, at reasonable times for the purpose
of making inspections and repairs.
A.
Location of parks. A mobile home park shall be located in areas where
permitted by this Village of Canisteo Zoning Law.
B.
Access to public streets. No mobile home park shall be located except
with direct access to a public street or highway and with appropriate
frontage thereon to permit proper design of an access street. Said
access shall require prior approval of the Village Board of Trustees.
C.
General site requirements. The mobile home park shall in all respects
be suitable for residential use. It shall not create hazards to health
and safety to residents. It shall not be exposed to objectionable
smoke, dust, noise, odors, soils subsidence or probability of flooding
or erosion. The soil, groundwater level, drainage, rock formations
and topography shall not create hazards to property or to the health
and safety of the residents.
D.
Specific requirements. Each mobile home park shall meet the following
minimum requirements:
(1)
Mobile home units shall have a minimum distance separation of 15
feet from other mobile home units or structures, except that separation
between the rear ends of two mobile homes shall be at least 15 feet.
(2)
A twenty-foot setback shall be required from internal streets.
(3)
Yard depth from external public street: 25 feet from the edge of
the pavement and 10 feet from any other park boundary.
(4)
Accessory buildings shall be located a minimum of three feet from
any mobile home or building.
(5)
Parking. At least one parking space shall be provided for each mobile
home stand, plus one additional parking space, either on- or off-street,
for every two mobile homes. However, in no case shall the amount of
parking currently available be reduced.
E.
Nonresidential uses.
F.
Prohibited vehicles. No mobile home park shall permit the on-lot
parking of boat trailers, snowmobiles, commercial vehicles in excess
of 3/4 ton, campers or any other such equipment.
G.
Walks. All mobile home stands shall be provided with individual walks
connecting to a paved street or paved driveway, or parking space connecting
to a paved street.
H.
Utilities. Water supply, sewage disposal, fuel supply and/or storage
and electrical service, including equipment, fittings, materials and
installations serving mobile homes and appurtenant service buildings
and structures, shall be approved systems and equipment designed,
constructed, maintained and operated in accordance with applicable
state and local standards and regulations.
I.
Expansion of existing parks. No mobile home park existing at the
effective date of this article shall be expanded, except that the
expanded portion shall be in full compliance with the provisions of
this article.
Mobile home parks in the Village of Canisteo shall conform to
all applicable state regulations and the following regulations.
It shall be unlawful for any person to construct, alter or extend
any mobile home park within the Village of Canisteo unless said person
holds a valid building permit issued by said Village for the specific
construction, alteration or extension proposed.
A.
It shall be unlawful for any person to operate and maintain any mobile
home park within the Village of Canisteo unless said person holds
a valid license issued annually by the Village of Canisteo in compliance
with the provisions of this article in the name of such person for
the specific mobile home park.
B.
Licenses issued as provided herein shall be transferable only upon
written application to and approval by the Village Board.
A.
Application for a construction permit or initial annual license shall
be filed with the Village Clerk, accompanied by payment of such fees
as may be required herein.
B.
Application for an initial license shall be filed within 90 days
of the effective date of this chapter.
C.
Applications for permits or initial licenses shall be signed by the
applicant and shall include the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the property on which the park
is or will be located.
(3)
Plans and specifications of the park, including but not limited to
the following:
(a)
The area and dimensions of the tract of land on which the park
is or will be located.
(b)
The location of all mobile home lots and stands.
(c)
The location and width of roadways.
(d)
The location of all utility lines in their respective detail.
(e)
The plans and specifications for the water supply and sewage
disposal facilities.
(f)
Plans and specifications for any community service buildings.
(g)
Certification that the plans for water and sewer facilities
have been approved by the New York State Department of Health.
(h)
Such further information as may be requested by the Village
Board or designated official to enable determination of the park's
compliance with this chapter.
D.
The application and all accompanying plans and specifications shall
be filed in triplicate. The Village Board, Planning Board or designated
official shall inspect the application and plans and specifications.
E.
No permits shall be issued except in compliance with this chapter
and all other applicable laws and regulations.
A.
Upon application in writing by a licensee for a renewal of a license
and upon payment of the annual license fee, the Village Board or designated
official shall renew such license for another year upon determination
that said park is in compliance with this chapter.
B.
The Planning Board, in consultation with the Building Inspector,
shall review each license renewal application to determine the degree
of compliance with this chapter and/or progress toward complete compliance.
Based on their finding, an advisory report shall be submitted to the
Board of Trustees recommending approval or denial of license renewal
or conditional renewal specifying the areas in which park management
or facilities are deficient. Correction of deficiencies specified
shall be prerequisite to any subsequent license renewal.
[Amended 5-7-2012 by L.L.
No. 2-2012[1]; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The applicable annual license fee for each mobile home park
shall be as set forth from time to time by resolution of the Board
of Trustees. The number of occupied lots shall be as of the first
of January of each year. The annual license fee shall be payable to
the Village Clerk on or before January 31 of each year. Failure to
pay the required annual fee will result in the fee being added to
the park owner's Village tax bill, along with a penalty of 25%.
[1]
Editor's Note: This local law also included a schedule with
a list of specific fees and wording indicating that the duration and
applicable fees for various permits, licenses and/ or fees shall be
as set forth from time to time by resolution of the Village Board
of Trustees and that fees listed elsewhere in the Village's Code shall
be preempted by fees in the schedule. Said schedule is on file in
the Village offices.
The Village Board or designated official is authorized and directed
to make such inspections as are necessary to determine satisfactory
compliance with this article. Said official shall be authorized to
enter at a reasonable time upon any private property, except the mobile
home, for the purpose of inspecting and investigating conditions relating
to the enforcement of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village Board or designated official may revoke any license
to maintain and operate a park when the licensee has been found guilty
by a court of competent jurisdiction of violation of any provision
of this chapter. A penalty of $25 per day will be assessed until such
license is reissued. The Code Enforcement Officer will issue a new
operating certificate when the circumstances leading to the conviction
have been remedied, the penalty is paid, and the park is being maintained
and operated in full compliance with the law.
