[HISTORY: Adopted by the Town Board of the
Town of Queensbury 3-7-2022 by L.L. No. 3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 113,
Mobile Homes, comprised of Art. I, Mobile Homes and Mobile Home Courts,
adopted 7-23-1964 by Ord. No. 12, as amended; and Art. II, Mobile
Home Parks, adopted 2-11-1986 by L.L. No. 1-1986, as amended.
This chapter shall be known as "Manufactured Home Parks."
The purpose of this chapter is to encourage the well-planned
development of manufactured home parks and to provide safeguards and
protection for the safety, health and welfare of the occupants of
such parks by establishing specific requirements governing the occupancy
and maintenance of manufactured home parks. It is also the purpose
of this chapter to regulate certain uses of motor homes and/or campers
within the Town of Queensbury to further promote and protect the health,
safety and welfare of the occupants thereof as well as the community.
As used in this chapter, the following terms shall have the
meanings indicated:
A recreational vehicle used for temporary living mounted
on a mobile frame, not on a fixed foundation and registered by the
New York State Department of Motor Vehicles.
A designated site within a manufactured home park for the
exclusive use of the occupants of a single manufactured home.
A parcel of land planned and improved for the placement of
two or more manufactured homes or mobile homes for occupancy.
As defined in Chapter 179, Zoning. Any addition to such manufactured/mobile home shall, for the purpose of this chapter, be deemed to be a part of such manufactured/mobile home. The term "manufactured home" is used throughout this chapter while the term "mobile home" is used elsewhere in the Queensbury Town Code. These terms are synonymous.
A recreational vehicle used for temporary living which is
equipped with a motor.
Includes a natural person, a partnership, corporation or
association of persons.
A.
No person may operate any new manufactured home park within the Town of Queensbury unless it is located in a Mobile Home Overlay District as described in Queensbury Town Code § 179-4-020 and such person first obtains site plan approval from the Queensbury Planning Board pursuant to Chapter 179, Article 9, of the Town Code.
B.
Site plan applications pursuant to this chapter must comply with the requirements set forth in Chapter 179, Article 9. In addition, manufactured home park site plans shall also include:
(1)
The layout of the proposed park showing the park boundary, manufactured
home lot lines, parking areas, recreation and open spaces, easements
and rights-of-way, existing man-made features including power lines,
pipelines, buildings and structures. In addition, such map shall delineate
any portion of the park located within a designated 100-year floodplain.
(2)
All proposed changes to existing subsurface drainage patterns.
C.
Applicants shall submit with their applications a copy of all contemplated
park rules, regulations and covenants.
D.
If community facilities, such as laundry rooms, swimming pools, meeting
rooms and recreation buildings, are to be provided as a part of the
park, applicants shall submit, as part of their site plan application,
plans showing the design, landscaping, parking and circulation relative
to such facilities. In addition, the applicant shall demonstrate that
there will be adequate supervision and management of such facilities
to the Planning Board's satisfaction.
A.
Site size and location. Manufactured home parks shall comprise at
least 10 acres of land.
B.
Natural features. Topography, groundwater level, surface drainage
and soil conditions of the site shall be of a character that will
not 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 manufactured home units,
and, in general, units should be placed parallel rather than perpendicular
to slopes.
C.
Surface drainage. All parks shall be graded to prevent ponding of
surface water. No structure or manufactured home shall be located
on any land within a 100-year floodplain area, as determined by the
United States Army Corps of Engineers or other official agencies.
D.
Soils. Soils should have sufficient bearing and stability properties
to provide adequate support for manufactured home installations. Topsoil
should be of sufficient depth to sustain lawns, trees and other vegetation.
E.
Natural features. Existing tree masses and other notable existing
natural features shall be retained as much as possible in the site
plan, and densities shall be reduced, if necessary, to permit such
retention.
F.
Lot layout and placement. Manufactured homes may be positioned in
a variety of ways within a park, provided that the following requirements
are met:
(1)
Lot setback. No portion of any lot shall be located within 25 feet
of any front, side or rear boundary line, and no portion of any lot
shall be located within 100 feet of any boundary which adjoins a public
road. Unless specifically authorized by the Planning Board, the natural
vegetation within the areas above provided shall be maintained and
not removed, in order to provide natural screening from adjoining
properties and public roads. Additional screening may be required.
(2)
Density. The density of development in a manufactured home park shall
not exceed 5.5 units per gross acre. There shall be no more than one
home per lot.
(3)
Minimum lot size. Manufactured home lots shall be a minimum of 6,000
square feet in area and shall have a minimum width of 55 feet.
G.
Vehicular circulation and storage.
(1)
Road construction. Roadways within a manufactured home park shall
not be fewer than 30 feet in width, and any entranceway from the manufactured
home park to a public road shall not be fewer than 50 feet in width
for a distance of 100 feet from the public road.
(2)
Parking. Two off-street parking spaces shall be provided for each
manufactured home lot. Such spaces may be located on the individual
lot or grouped within the manufactured home park to serve several
manufactured home lots. Parking spaces shall consist of a hard, firm
and durable surface.
(3)
Auxiliary vehicle storage. A temporary parking or storage area for
travel trailers, campers, snowmobiles and similar auxiliary vehicles
shall be provided for the use of the park residents. This provision
shall not apply where the application prohibits auxiliary vehicle
storage by park rules and regulations.
H.
Park access. Manufactured home parks containing more than 50 units
shall provide for a minimum of two independent connections with existing
public streets. Such connections shall be designed to allow fire,
ambulance and other emergency vehicles access to the park, even if
one connection is closed. One such entrance may be gated if breakable
locks, approved by the fire district within which the park is located,
are installed.
I.
Manufactured home sales areas. The display and commercial sale of
manufactured homes shall not be permitted within a manufactured home
park, except that a maximum of four manufactured homes may be displayed
or located on lots meeting the requirements of this chapter and used
as sale models.
J.
Manufactured home lot.
(1)
Support of the manufactured home lot. Each manufactured home lot
shall be provided with a stand which will give a firm base and adequate
support for the manufactured home. Such stand shall have a dimension
equal to the width and length of the home and any expansions or extensions
thereto. 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.
(2)
Fencing. If fencing of individual lots within the manufactured home
park is to be provided by the manufactured home occupant, standards
shall be established by the park owner to ensure consistency of design,
size and location.
(3)
Lighting. All manufactured home park roads and lots and facilities
shall be furnished with adequate lights to ensure the safe movement
of vehicles and pedestrians at night. Such lighting shall be placed
to minimize glare. Electric service to such lights shall be installed
underground.
K.
Sanitary facilities. All manufactured home park sanitary facilities shall comply with the requirements of Chapter 136 of the Queensbury Town Code. All proposed sewage disposal systems shall be designed by a licensed professional engineer.
L.
Refuse. Garbage cans with tight-fitting covers shall be provided
in quantities adequate to provide disposal of all garbage and rubbish
generated within the park. Garbage cans shall be located no farther
than 200 feet from each manufactured home lot. The cans shall be kept
in sanitary condition at all times. Garbage and rubbish shall be collected
and disposed of as frequently as may be necessary to ensure that the
garbage cans shall not overflow.
M.
Electrical. Each manufactured home park shall provide weatherproof electric service connections and outlets for each lot, all such connections and outlets to be of a type approved by an appropriate electrical inspection agency under Chapter 80, Electrical Standards.
N.
Water supply.
(1)
Manufactured home parks within a water district shall be connected
to said public water supply system. Outside a water district, a community
water system which shall meet all requirements of the New York State
Public Drinking Water Standards may be permitted.
(2)
All community water systems and all connections, distribution methods
and materials used by a manufactured home park within a water district
shall be approved by a licensed professional engineer.
O.
Fuel system. All manufactured 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.
In determining the content of the site plan and supporting documentation,
the Planning Board may waive certain requirements if the Planning
Board deems such requirements or information unnecessary for the type
of project proposed. Any such waiver shall be made in writing, and
shall contain statements of the reasons why the waived information
requirements are not necessary for an informed review under the circumstances.
The Planning Board may grant such waivers on its own initiative or
at the written request of an applicant. Such request shall set forth
the specific requirements that are requested to be waived and the
reasons for the requested waiver.
A.
Restrictions on occupancy.
(1)
In any manufactured home park, no space shall be rented for the placement
and use of a manufactured home for residential purposes except for
periods in excess of 60 days. This restriction shall not apply to
manufactured homes relocated within the manufactured home park.
B.
Responsibilities of park operator.
(1)
The owner and/or operator of a manufactured home park shall comply
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.
(2)
The park operator shall notify park occupants of all applicable provisions
of this chapter and shall inform them of their responsibilities and
any regulations issued thereunder.
(3)
No auxiliary vehicle, such as travel trailers, campers or snowmobiles,
may be parked or stored on a manufactured home lot, parking area,
driveway or roadway for more than 48 hours.
(4)
Manufactured home installation. At the time of installation of each
manufactured home, the tires and wheels and the hitch, if possible,
shall be removed, and the unit shall be securely blocked, leveled
and connected to the required utility systems and support services.
(a)
Skirting. The manufactured home shall be completely skirted
within 120 days of occupancy.
(b)
Entrance steps. Entrance steps shall be installed at all doors
leading to the inside of the manufactured home. Such steps and any
necessary handrails shall be constructed of materials and meet the
requirements for one-family dwellings set forth in the New York State
Uniform Fire Prevention and Building Code.
(5)
Sewer connections in unoccupied lots shall be closed so that they
will not emit any odors nor cause a breeding place for insects.
(6)
Manufactured home parks shall be kept free of litter, rubbish and
other flammable materials.
(7)
The park operator shall inspect the placement of each manufactured
home on its manufactured home stand and the installation of all utility
connections.
All manufactured home parks lawfully in operation prior to the effective date of this chapter may be continued, but no such manufactured home park may be altered, extended or enlarged on or after the effective date of this chapter unless all necessary approvals are obtained including site plan approval in accordance with Chapter 179, Article 9, of the Town of Queensbury Town Code and the provisions of this chapter. Any preexisting manufactured home park that ceases to be operated as such for a period of one year shall not be considered a preexisting manufactured home park.
A.
Mobile home businesses. None of the provisions of this chapter shall
be applicable to the business of manufactured home sales.
B.
Field office. None of the provisions of this chapter shall prevent
use of a motor home or camper as a field office or tool house when
located at the site of and used in connection with a construction
project, survey project or other similar work project, provided that
such motor home or camper is removed from said site within 30 days
after the completion of such project.
C.
Use of motor homes or campers on vacant land. This chapter shall
not prevent the use of a motor home or camper on an otherwise vacant
parcel of land to be used during construction of a single-family dwelling
provided construction of single-family dwelling begins within one
year of placement of the motor home or camper.
D.
Use of motor homes or campers on improved land. This chapter shall
not prevent the temporary use of a motor home or camper on land improved
by a residence provided that the owner of the motor home or camper
uses the home as his or her residence and further provided that the
motor home or camper may not be placed between the street and the
front building line of the premises at issue. For purposes of this
provision, "temporary use" means use for no more than 30 days.
E.
Storage of motor homes or campers on improved land. This chapter
shall not prevent the owner and resident of land to store his or her
motor home or camper at such premises indefinitely. For purposes of
this provision, a motor home or camper is deemed stored where it is
disconnected from all utilities and is unused. Such motor home or
camper shall not be placed between the street and the front building
line of the premises at issue.
This chapter shall be enforced by the Town of Queensbury Department
of Building and Codes Enforcement and any designated representative
thereof. Whenever it appears to such enforcement officer that a violation
of this chapter has occurred, he or she may deliver, by hand delivery
or regular mail to the owner of such park, a written order identifying
the violation and directing remedial action.
Any person who shall fail to comply with a written order of
the enforcement officer shall be guilty of offense violation punishable
in the following manner:
A.
A fine of not more than $950 for the first offense, by a fine of
not more than $950 or by imprisonment for not more than 15 days, or
both, for the second offense or for any subsequent offenses.
B.
If the violation requires the abatement or maintenance be performed by the Town or by its designee or agent, including a private contractor lawfully engaged and authorized by the Town, such expense shall be assessed against the record owner of the property. The expense so assessed shall constitute a lien in charge on real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner as other Town charges. Such assessments shall be made in accordance with Article 15 of the Town Law.
C.
A civil penalty in the sum of $950 per violation. Each week or any
portion thereof that such a violation continues shall constitute a
new and different violation for purposes of assessment of penalties.
D.
The imposition of such fines and/or penalties shall not be held to
prohibit the enforced removal of prohibited conditions by any appropriate
remedy, including immediate application for an injunction. The commencement
of any action or proceeding authorized by this provision shall not
constitute an election of remedies and the Town shall be free to pursue
any and all avenues of relief whether successively or concurrently.
A.
The provisions of this chapter shall supersede local laws, ordinances,
codes or regulations to the extent they are inconsistent with the
provisions of this chapter, provided that nothing herein contained
shall be construed to prevent the adoption and enforcement of a law,
ordinance or regulation which is more restrictive or establishing
a higher standard than those provided in this chapter, and such more
restrictive requirement or higher standard shall govern during the
period in which it is in effect.
B.
In a case where a provision of this chapter is found to be in conflict
with a provision of a zoning, building, electrical, plumbing, fire,
safety, health, water supply or sewage disposal law or ordinance,
or regulation adopted pursuant thereto, or other local law, ordinance,
code or regulation, the provision or requirement which is more restrictive
or which establishes the higher standard shall prevail.
