The title of this chapter is the "Town of Brooklyn Mobile Homes, Manufactured Homes and Recreational Mobile Homes Ordinance." The purpose of this chapter is to enforce minimum standards for manufactured and mobile home communities to promote the public health, safety and welfare; to regulate the installation, location and maintenance of manufactured, mobile and recreational mobile homes; and to assure the proper assessment and taxation of and assessment of fees upon property within the Town; and to assure the provision of fire and other emergency services to residents within the Town; and to fix penalties for violations.
[HISTORY: Adopted by the Town Board of the Town of Brooklyn 1-8-2008 by Ord. No. 2008-02. Amendments noted where applicable.]
The Town Board of the Town of Brooklyn by this chapter, adopted with a quorum and by a roll-call vote by a majority of the Town Board present and voting, provides the authority for the Town to regulate the establishment of Manufactured and mobile home communities and to license or permit certain parking, installation of, or construction to, seasonal, mobile or recreational dwellings in the Town.
The definitions and provisions as set forth in § 66.0435, Wis. Stats., are hereby adopted for purposes of this chapter of the Town of Brooklyn by reference. Definitions specifically stated for this chapter are:
A manufactured and mobile home community.
Any plot or plots of ground upon which three or more manufactured, mobile or recreational mobile homes, occupied for dwelling or sleeping purposes, are located, regardless or whether a charge is made for the accommodation.
Either:
A structure manufactured or assembled on or after June 15, 1976, that is transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; or
A structure which meets all the requirements of Subsection A(1) above except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 to 5425.
A manufactured home, per § 66.0435(1)(cm), Wis. Stats., in addition to Subsection A(1) or (2) above, specifically includes any additions, attachments, annexes, foundations and appurtenances.
A vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet, and includes any additions, attachments, annexes, foundations and appurtenances.
A prefabricated structure that is no larger than 400 square feet or that is certified by the manufacturer as complying with the code promulgated by the American National Standards Institute as ANSI A119.5 and that is designed to be towed and used primarily as temporary living quarters for recreational, camping, travel or seasonal purposes. For purposes of the chapter, a "park model" is defined as a recreational mobile home.
A single manufactured, mobile or recreational mobile home.
A.
Requirement. No person subject to § 66.0435, Wis. Stats., and this chapter may install, maintain or operate any community within the Town of Brooklyn unless the owner of the land occupied or operator of the community has applied for and been issued a community license and has paid the annual license fee for the fiscal year. The fee for such license shall be established by the Town Board of the Town of Brooklyn from time to time as allowed by § 66.0435(3)(a), Wis. Stats. The license shall be issued from July 1 to June 30 each year by the Town Clerk, upon approval of the Town Board.
B.
Application.
(1)
As part of the initial application for a community license, as well as for application for any expansion or change to a community license, in addition to the annual license fee the applicant shall file with the Clerk of the Town a complete site plan or chart of the park, together with its specifications along with an application form developed and supplied by the Town Clerk, which shall contain such information as may be required by the Town Board. Whether for granting of an initial license or an annual renewal, the applicant shall be in compliance with all applicable state statutes and County of Green Lake or Town zoning ordinance, any Town Comprehensive Plan, this chapter, and any other applicable Town ordinances.
(3)
Upon review of the site plan submitted with the application for license, the Town Board shall approve the location either for manufactured homes and mobile homes or for recreational mobile homes. Recreational mobile homes may be restricted to communities which are approved for use as campgrounds and for recreational campers.
(4)
An annual renewal license under this chapter may be issued by the Town Clerk, upon approval of the Town Board. No annual application form is required, but the annual fee is to be timely paid to the Town Clerk for the reissuance of a license and continued operation of a community.
C.
Denial or revocation.
(1)
If any member of the Town Board has reason to believe that the applicant is not a fit person to be granted the license, that the conduct, use or activity is not in compliance with federal or state law or regulations or any county, extraterritorial or Town ordinance, or that the parcel for the conduct, use or activity is not suitable, the Board member shall refer the license to the Town Board or its designee for investigation or inspection. If as a result of the investigation or inspection the Town Board denies the license, an appeal may be made by the applicant in writing to the Town Clerk within five days after the date of denial for a public hearing before the Town Board. Upon receipt of a written appeal, the Town Clerk shall set a public hearing before the Town Board not less than 10 days after receipt of the written appeal and provide written notice of the hearing to the appellant. At the hearing the appellant is entitled to be represented by counsel. After hearing the evidence, the Town Board may confirm or reverse the denial. The determination of the Town Board is final.
(2)
A license previously granted under this chapter is subject to revocation or suspension for cause by the licensing authority that issued the license. Procedure to be followed is as laid out in § 66.0435 (2)(d), Wis. Stats..
(3)
All licenses issued under this chapter are personal and are not transferable except by written approval of the Town Board. Upon application for a transfer of license, the Town Clerk, after approval of the application by the Town Board, shall issue a transfer upon payment of the required $10 fee.
A.
Every manufactured home and mobile home is subject to payment of the monthly municipal permit fee to the local taxing authority. Recreational mobile homes are exempt from the monthly municipal permit fee under this subsection. The exemption under this subsection also applies to steps and a platform, not exceeding 50 square feet, that lead to the recreational mobile home, but does not apply to any other addition, attachment, patio, deck or auxiliary building.
B.
The licensee of a community is liable for the monthly municipal permit fee for any unit occupying space in the community as well as the owner and occupant of the unit. Each community operator is required to collect the monthly municipal permit fee from the unit owner and transmit same to the Town Clerk. Liability for the payment of the fee shall begin on the first day of the next succeeding month after the unit is present in the tax district and shall remain on the unit for such months as the unit remains in the tax district. The fee rate and valuation shall be established each January and shall continue for that calendar year pursuant to § 66.0435(3)(c)1a to d, Wis. Stats.
C.
The credit under § 79.10(9)(bm), Wis. Stats., as it applies to the principal dwelling on a parcel of taxable property, applies to the estimated fair value of any unit that is the principal dwelling of the owner. The owner of the unit shall file a claim for the credit with the Treasurer of the municipality, attesting that the unit is the owner's principal dwelling. The monthly municipal permit fee shall be reduced by the amount of any allowable credit.
D.
The community operator who collects a monthly municipal permit fee from the owner may deduct, for administrative expenses, 2% of the monthly fee collected. The licensing authority may retain 10% of the municipal permit fees collected each month, without reduction for any amount previously deducted under this paragraph, to cover the cost of administration. The licensing authority shall pay to the school district in which the community is located such proportion of the remainder of the fees collected as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in that tax district.
A.
Any new installation of a manufactured home certified by HUD in a community shall require a building permit from the Town Building Inspector. Construction of additions or accessory structures to any unit shall require a building permit based on the requirements of Chapter 98, Building Construction, Article II, Building and Mechanical Code, of this Code.
B.
The operator shall furnish information to the tax district Assessor on units added to the community within five days after their arrival, on forms prescribed by the Wisconsin Department of Revenue. When notice of an addition of a unit to a community is received, the Assessor shall determine its fair market value and the tax shall be determined per § 66.0435(3)(c)2, Wis. Stats. Liability for payment of the fee begins on the first day of the next succeeding month and continues for the months in which the unit remains in the tax district.
Should any section, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid, or be repealed, the remaining provisions shall not be affected but shall remain in full force and effect.
By passage of this chapter the Town Board of the Town of Brooklyn does repeal its former Ordinance No. 5, dated July 1, 1974, concerning the regulation and licensing of trailers, trailer parks and mobile homes. All existing Town ordinances, parts of Town ordinances or amendments thereto in conflict with any provision of this chapter are hereby repealed, except nothing in this chapter shall be interpreted so as to conflict with state laws or orders regulating manufactured homes, mobile homes, recreational mobile homes or manufactured and mobile home communities.
This chapter shall take effect upon passage and publication or January 8, 2008, whichever is later.