This chapter shall be known and may be cited as the "House Trailer Ordinance of the Town of East Greenbush."
[HISTORY: Adopted by the Town Board of the Town of East Greenbush 7-19-1948 (Ch. 42 of the 1991 Code). Amendments noted where applicable.]
It is the purpose of this chapter to regulate house trailers and house trailer camps within the Town of East Greenbush to require that such camps be laid out and constructed in accordance with approved plans; to prescribe regulations for said camps; to require the registration of occupants thereof and prescribe a time limit on the duration of stay of persons and house trailers within such camps; to regulate the parking, location and duration of stay of house trailers outside of such camps.
As used in this chapter, the following terms shall have the meanings indicated:
The lot or space in any camp which shall be assigned to or used and occupied by any one house trailer, by any one tent or by any one house tent.
Any vehicle or combination thereof, used, designated for use or capable of being used as sleeping or living quarters, whether propelled by its own power or by the power of another vehicle to which it may be attached.
A single dwelling unit that is 400 square feet or less in floor area excluding lofts. Tiny houses shall not be considered principal buildings, accessory buildings or accessory dwelling units.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any lot, piece or parcel of ground whereon two or more house trailers, tents or tent houses used, designed for use or capable of being used as living or sleeping quarters, are parked or located and for which use said premises are held open to the public, a fee being collected for such use.
No person, firm or corporation being the owner or occupant of any land or premises within the Town of East Greenbush shall use or permit the use of said land or premises as a trailer camp without obtaining a permit therefor as hereinafter provided.
A.
Application for permit.
(1)
The application for each trailer camp permit shall be in writing and signed by the applicant. It shall state:
(a)
The name and address of the applicant.
(b)
The name and address of each partner if the applicant be a partnership.
(c)
The name and address of each officer and director if the applicant be a corporation.
(d)
A complete description of the premises upon which the proposed camp is to be located.
(e)
The name and address of the owner or owners of such premises.
(f)
The number of camp units to be provided in the proposed camp.
(2)
Each application shall be accompanied by a complete plan to scale, showing the layout of the camp, the location, size and arrangement of each camp unit, location of streets, location and number of toilets, lavatories, showers and tubs for each sex, location of water service and fire hydrants and location of slop sinks, garbage receptacles and laundry trays. Where the applicant is not the owner of the premises the application shall also be accompanied by the original or photostatic copy of the lease of the premises and a written statement signed by all of the owners consenting that the premises be used for the purpose of a trailer camp.
B.
Filing of application and submission of same to Health Officer and Town Board. Each application shall be filed with the Town Clerk who shall thereupon transmit the same to the Health Officer. Such application shall indicate compliance by the applicant with the minimum camp requirements as established by rule or regulation of the State Department of Health and Chapter 7 of the Sanitary Code of the State of New York. The Health Officer shall after investigation transmit the application to the Town Board, together with his written approval or disapproval thereof or recommendation pertaining thereto. All such applications shall after investigation be approved or rejected by the Town Board after which the application shall be filed with the Town Clerk and the applicant notified, in writing, by the Clerk of the action taken thereon.
C.
Issuance of permit. The Town Clerk of the Town of East Greenbush upon the written application and upon the approval of the same by the Health Officer and the Town Board of the Town of East Greenbush, and upon receipt of the fee hereinafter provided, shall issue a permit to become effective from the date thereof, and to continue in force for the term specified therein but in no event longer than through the 31st day of December next succeeding for the use of the premises therein specified as a trailer camp, which permit shall specify the number of camp units which may be used in said camp. Such permit shall not be transferable or assignable.
D.
Fees. The applicant for a trailer camp permit shall, at the time of the issuance of any such permit, pay to the Town Clerk a fee to be computed at the rate of $5 per camp unit per annum, based upon the maximum number of proposed camp units as shown in the application. The minimum fee for an annual permit shall be $50.
A.
Drainage and grading. All lands used as a trailer camp shall be well-drained, of ample size and free from heavy or dense growth of brush or weeds. The land shall be properly graded to insure proper drainage during and following rainfall and shall at all times be so drained as to be free from stagnant pools of water.
B.
Camp plan. Each trailer camp shall be subdivided and marked off into lots or camp units numbered consecutively, the number being conspicuously posted on each camp unit, each of which camp units shall contain at least 1,125 square feet and shall be at least 25 by 45 feet in dimensions. No more than one house trailer, tent or tent house shall be permitted to occupy any one camp unit. The camp units shall be grouped in blocks with streets at least 20 feet wide between each block. No camp unit shall be located within 70 feet of any highway or street line nor within 20 feet of any adjacent property line. Each trailer camp and all parts thereof shall be kept in a clean and sanitary condition at all times.
C.
Water and fire hydrant connection if available. Each such trailer camp shall be provided with proper water connections to existing public water systems of the Town or of any district therein.
D.
Water supply. A sufficient supply of pure drinking water shall be provided in convenient locations in the camp.
E.
Toilets. Such trailer camp shall be provided with toilet buildings in which shall be installed water closets placed in separate compartments properly separated from any other water closet, each compartment being not less than three feet wide enclosed with partitions in the ratio of one water closet for every 30 males or less, and in addition, one urinal for every 30 males or less and one water closet for every 15 females. Such minimum water closet and urinal accommodations shall be based upon the total camp capacity according to the accepted plans and shall be computed upon the basis of a minimum of three persons to each camp unit, with the sexes being considered as equal in number in the total computation.
F.
Lavatories, showers, tubs, laundry trays and slop sinks. Each such trailer camp shall provide one lavatory for each sex for each 10 units or less; and if said trailer camp be located in a water district and there be an available water supply shall also provide bathing facilities consisting of one shower or tub with hot and cold water for each sex for each 10 camp units or less, and shall also supply one laundry tray with hot and cold water for each five camp units or less and one slop sink or basin with running water for each five camp units or less.
G.
Disposal of sewage and other water carried wastes.
(1)
All sewage and other water carried wastes shall be disposed of into a municipal sewerage system whenever available. In house trailer camps in which such connections are not available, disposal shall be into a private system which includes a sanitary means of disposal, the operation of which creates neither a nuisance nor a menace to health.
(2)
When a water carriage system of sewage is used, each camp unit shall be provided with a sewer connection for the combined liquid waste outlet or outlets of each house trailer, and trapped below the frost line. It shall be the duty of the owner or operator of said trailer camp to provide a water- and odor-tight connection from the trailer water drainage to the sewer connection and it shall be the duty of said owner or operator to make such connections and keep all occupied trailers connected to said sewer while located in a trailer camp. Sewer connections in unoccupied camp units shall be so closed that they will emit no odors or cause a breeding place for flies. No water or waste shall be allowed to fall on the ground from a house trailer.
H.
Garbage receptacles. Each such trailer camp shall provide equipment sufficient to prevent littering of the grounds and premises with rubbish, garbage and refuse, and shall provide flytight metal depositories with tight-fitting covers at conspicuous locations upon such premises. Such depositories shall be emptied daily and kept at all times in sanitary condition. The depositories shall be so located that no camp unit shall be more than 100 feet from a depository.
The owner or operator of each trailer camp shall keep a permanent record, in writing, of all persons occupying or using the facilities of such trailer camp, which record shall include the following:
A.
The name and address of each occupant of each house trailer.
B.
Date of arrival at and departure from said camp of each trailer and occupant of each trailer.
C.
Name and address of owner of each house trailer.
D.
Registration number of each house trailer, state in which registered and year of registration.
E.
Name and address of owner of each automobile or other motor vehicle used to propel such trailers.
F.
Make and registration number of each motor vehicle with state in which registered and year of registration.
G.
The name, address and date of arrival at and departure from said camp, of each occupant of a tent house or facility other than a house trailer. If such occupant travels by automobile or other motor vehicle the name and address of the owner of such vehicle, its registration number, the state in which registered, the year of registration, and its make and description.
The owner or operator of each trailer camp shall file with the Town Clerk of the Town of East Greenbush on or before the third day of each month a record of all persons who shall have occupied or used the facilities of the camp during the preceding calendar month or any portion thereof. Such record shall contain the name of each person and after each such name, shall state the following information with reference to such person: Address, date of arrival in camp, date of leaving camp, state and registration number of house trailer occupied, state and registration number of motor vehicle accompanying said trailer. A copy of this chapter shall be conspicuously posted on the premises of each trailer camp and copies of this chapter shall be made available to the occupants of such camps at all times.
No person other than the operator of said camp and not to exceed two employees shall be permitted to occupy or use the facilities of any trailer camp and no house trailer or motor vehicle other than those occupied by such operator or employees shall be permitted to remain therein for a longer period than nine months in each twelve-month period.
The police officers of the Town of East Greenbush, the Health Officer and any other duly authorized agent or employee of said Town shall have the right at any reasonable time to enter any trailer camp or other premises used for the parking or location of a house trailer, and shall have the right at all times, to inspect all parts of said premises, and to inspect the records required to be kept in any trailer camp.
If a police officer, health officer or any authorized representative of the Town of East Greenbush finds that any trailer camp is not being maintained in a clean and sanitary condition or is not being conducted in accordance with the provisions of this chapter, such facts shall thereupon be reported to the Town Board, and the said Town Board may direct the Town Clerk to serve an order in writing upon the holder of the permit or the person in charge of said camp, directing that the conditions therein specified be remedied within five days after date of service of each order. If such conditions are not corrected after the expiration of said five-day period, the Town Board may cause a notice in writing to be served upon the holder of said permit or the person in charge of such trailer camp, requiring the holder of the permit to appear before the Town Board of the Town of East Greenbush at a time to be specified in such notice and show cause why such trailer camp permit should not be revoked. The Town Board may, after a hearing at which testimony of witnesses may be taken and the holder of the permit shall be heard, revoke such permit if said Town Board shall find that said camp is not being maintained in a clean and sanitary condition, or if they find that any provisions of this chapter have been violated or for other sufficient cause. Upon revocation of such permit, the premises shall forthwith cease to be used for the purpose of a trailer camp, and all house trailers, tents and tent houses shall forthwith be removed therefrom.
Application for the renewal of any trailer camp permit issued pursuant to this chapter must be filed with the Town Clerk on or before the first day of December next preceding the expiration of said permit. The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 19-5A of this chapter in the case of original application for permits, except that such renewal application need not be accompanied by a plan of the trailer camp unless some change in the plan or layout of the camp is contemplated by the applicant, nor is it necessary that the said renewal application be accompanied by the lease of the premises unless a new lease of the premises has been entered into subsequent to the time of filing the previous application, in which event the original or photostatic copy of the new lease shall be attached to the application for a renewal, nor shall it be necessary to attach to such application for renewal the written consent of the owners of the premises that the same may be used for the purpose of a trailer camp unless there shall have been a change in the ownership since the filing of the previous application in which event such written statement signed by all of the new owners of the premises must accompany the application for a renewal of the permit. Upon the approval of said application for a renewal of the permit by the Health Officer and the Town Board, the Town Clerk shall issue a renewal permit which shall become effective upon the expiration of the prior permit and continue in force for the term specified therein but in no event longer than for a period of one year. Such renewal permit shall not be transferred or assigned. The applicant shall at the time of issuance of such renewal permit, pay to the Town Clerk the same fee provided in § 19-5 of this chapter covering the original issuance of trailer camp permits.
A.
This chapter shall apply to all existing trailer camps located in the Town of East Greenbush on the date of its adoption except that the owner or operator of any such existing camp shall have 30 days after this chapter becomes effective to make an application for a temporary permit to operate such camp until the following December 31, which permit shall be issued upon payment of a $5 fee for each trailer in such camp on the date of application for such permit. Accompanying the application for a temporary permit shall be a written statement containing the information concerning each present trailer camp occupant required in § 19-8. An application may be made to extend such temporary permit for the period of one year, such application is to be made 30 days before expiration of such temporary permit and if granted by the Town Board such extended temporary permit shall be issued by the Town Clerk upon payment of the $5 per trailer fee as herein provided. A camp operating under such temporary permit shall be maintained and operated in compliance with all of the provisions of this chapter except as the provisions of this section make compliance with the provisions of § 19-6 impossible with respect to furnishing adequate camp unit areas. The owner or operator of any trailer camp shall have a period of one year from the expiration date of a temporary permit within which to rearrange such camp to conform to the provisions of § 19-6 of this chapter upon payment of the fees otherwise required by this chapter.
A.
Highway parking prohibited. No house trailer shall be parked or allowed to remain upon any public highway or private way in the Town of East Greenbush.
B.
Duration of stay and area requirements. No house trailer shall be parked or located on any land or premises within the Town of East Greenbush, other than a trailer camp without a permit therefor. Such land or premises must have conveniently accessible to such house trailer adequate sanitary facilities and improved water supply. No house trailer shall be permitted to remain upon any premise outside a trailer camp for a longer period than six months in every 12 months.
C.
Permit required. The Town Clerk of the Town of East Greenbush upon written application therefor by the owner of premises upon which a house trailer is to be located shall issue a permit for the parking of a house trailer on premises outside a trailer camp provided there is filed with such application proof, including a diagram to scale, showing the proposed location and surrounding properties, and showing that the requirements of Subsection B of this section can be complied with. Such permit shall continue in force until six months from date of issuance. No fee shall be required for such original permit. Upon the expiration of such permit application may be made to the Town Board of the Town of East Greenbush for permission to extend such permit for the balance of the twelve-month period following the original application which extension may be granted upon showing of hardship by the applicant if such extension is not granted and upon payment of a fee of $20. At the expiration of said twelve-month period the Clerk may renew such permit for a period not to exceed six months without further application to the Town Board and without fee. Each subsequent extension of permit for the balance of a yearly period of occupancy must be upon application to and approval by the Town Board of such extension and payment of a fee of $20.
D.
Removal of wheels.
(1)
It shall be unlawful to remove wheels from a house trailer or otherwise permanently affix such house trailer to the ground. Such removal shall be grounds for revocation of permit.
(2)
Nothing herein shall be construed as to regulate or prohibit an owner of real property from attaching a trailer to such real property and thereby have the same become part of the real property, provided he notify the Town Clerk, in writing, to that effect.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Tiny houses shall be subject to the provisions of the NYS Uniform Fire Prevention and Building Code and the NYS Energy Conservation Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who violates any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $250 plus up to $250 for each additional offense. In addition, the violation of this chapter or any of the provisions thereof shall subject the person, firm or corporation violating the same to a civil penalty in the sum of $250 and when a violation of this chapter or any of the provisions thereof is continuous, each 24 hours thereof shall constitute a separate and distinct violation; said penalty to be recovered by the Town of East Greenbush in civil action. The application of the above penalty or penalties or the prosecution for the violation of the provisions of this chapter shall not be deemed to prevent the revocation of any permit issued pursuant thereto or the enforced removal of conditions prohibited by this chapter.
None of the provisions of this chapter shall be applicable to any house trailers stored or garaged where such house trailers are not being used or occupied as living or sleeping quarters.
The issuance of a trailer camp permit pursuant to the provisions of this chapter shall not be deemed to waive compliance by the holder thereof, by the property owner, or by any occupant of said camp with any statute of the State of New York or ordinance or health regulation of the Town of East Greenbush.
This chapter shall take effect and be in force from and immediately after the passage, publication of notices of adoption and posting as required by law. And be it further resolved and ordained that this chapter shall take effect on the fourth day of August 1948, and the Town Clerk is hereby directed to enter the same in the minutes of this meeting and to certify a copy of this chapter and cause the same to be published at least once in the "Troy Record" of Troy, New York, the official newspaper of this Town, and post printed copies thereof conspicuously in at least three public places in this Town at least 10 days before the fourth of August 1948, and that affidavits of the publication and posting thereof shall be filed with him.