Village of Patchogue, NY Article X Temporary Housing

[Added 10-24-2022 by L.L. No. 7-2022]

§ 238-47 Private trailers.

A. Any provision of this Code notwithstanding, the temporary occupancy of a private trailer on a lot in a residential district shall be permitted by a permit from the Building Department under the following circumstances:

(1) The private trailer shall be for the temporary use and occupancy of an individual or group of individuals whose single-family residential dwelling ("principal dwelling") has been so damaged by fire, flood, storm, or other natural disaster or act of God as to render the single-family dwelling uninhabitable as determined by the Building Inspector; or

(2) The private trailer shall be for the temporary use and occupancy of an individual or group of individuals whose single-family residential dwelling ("principal dwelling") is undergoing repairs, renovations or reconstruction involving the disconnection of electrical, water, or sanitary services for more than 30 days.

(3) The private trailer shall only be approved, used, and occupied by residents displaced from the residence being rehabilitated.

B. To obtain a permit from the Building Department for the above-mentioned use, a verified application on a form furnished by the Building Department shall be sworn to and filed by the applicant with the Building Department, along with a list of proposed residents of the trailer and an application fee in an amount to be set from time to time by resolution of the Board of Trustees. Said application shall contain assurances that all of the standards for temporary housing set forth in Subsection C herein are complied with.

C. Standards for temporary housing:

(1) Only one trailer shall be allowed on a lot.

(2) The owner in fee of the lot shall reside in the trailer.

(3) The trailer shall be of sufficient size to safely accommodate all occupants.

(4) The trailer shall be in proper working condition and weather tight.

(5) The trailer must be properly blocked, leveled, and secured against wind and load shifts.

(6) An active and valid building permit has been issued by the Building Department for the repairs, renovation, or reconstruction of the principal dwelling on the lot, which permit must remain in place throughout the use of the private trailer.

(7) All sanitary drainage systems from the trailer shall be connected to a sewer or cesspool in a manner approved by the Suffolk County Department of Health Services and in conformity with the manufacturer's specifications for the trailer.

(8) No wastewater or graywater shall be discharged on the ground.

(9) The electrical system of the trailer shall be connected to the available public utility lines, and the installation thereof shall be to the standards of the National Electric Code and approved by the New York Board of Fire Underwriters and in conformity with the manufacturer's specifications for the trailer.

(10) Potable water connections shall be made in a manner approved by the Suffolk County Department of Health Services and in conformity with the manufacturer's specifications for the trailer.

(11) If the property is situated in a flood zone delineated by the Federal Emergency Management Agency (FEMA), the private trailer must meet all requirements for dwellings in that flood zone.

(12) No tents, membrane structures, awnings or other non-solid elements shall be used as living space in conjunction with the trailer.

(13) All such trailers shall meet the setbacks set forth for accessory buildings in the applicable zoning district as set forth in Article III of this Code wherever practical. Where possible, the trailer should be sited in the rear yard of the lot as defined in § 435-1 of this Code. Placement of trailers in the side yards or front yards of the lot as defined in § 435-1 of this Code shall be upon approval of the Building Inspector. In granting the permit the Building Inspector shall consider the placement of public utilities and the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light or a reasonable use of adjoining property.

(14) The trailer is equipped with properly functioning smoke and carbon monoxide detectors as would be required for a conventional dwelling under New York State Law.

(15) The trailer is properly registered and insured under the laws of the State of New York.

D. The Building Inspector is hereby authorized to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provision of this article or if the trailer is being used in an unsafe or unauthorized manner. Written notice of said revocation shall be given by personal service or by certified or registered mail, return receipt requested.

E. The length of time a private trailer shall be permitted to remain shall be six months, with two three-month extension periods. Such extension periods may be granted by the Building Inspector upon his discretion. Applications for such extensions must be accompanied by an affidavit of the contractor performing the permitted work on the principal dwelling attesting that the dwelling continues to be uninhabitable by reason of the ongoing work, a finding from the Building Inspector attesting that the dwelling continues to be uninhabitable by reason of the ongoing work, and an application fee in an amount to be set from time to time by resolution of the Board of Trustees. A further extension shall not be permitted, and it shall be mandatory that the trailer be removed at the end of the permitted period of time. Notwithstanding the forgoing, permits will expire automatically upon the issuance of a certificate of occupancy or certificate of compliance for the work for which the building permit was issued, and the trailer must be removed as a condition of issuance of the certificate.

F. If the private trailer is not removed, there shall be a civil penalty of $500 for each day that it remains beyond the permitted period of time. If the private trailer remains for more than 10 days beyond the permitted period of time, the Building Inspector, or his representative, shall, after notifying the owner of said private trailer by registered or certified mail, return receipt requested, cause the private trailer to be removed. The expense of removal and any resulting storage charges shall be paid by the owner of the private trailer, and if said cost is not paid within 10 days, the Building Inspector may advertise for the public sale of the private trailer in the official newspaper of the Village and sell the private trailer to the highest bidder at a public sale. The moneys realized from the sale shall be applied to any outstanding civil penalties and shall reimburse the Village for any expense incurred in moving and storing the private trailer. Any excess monies shall be remitted to the documented owner of the trailer.

G. Appeals for variances from the above standards shall be heard by the Zoning Board of Appeals pursuant to Article X of Chapter 435. Applications for variances of the standards contained in Subsection C(13) herein shall be accompanied by a letter from the Building Inspector as to the applicant's need for the variance.