[HISTORY: Adopted by the Town Board of the Town of New Lebanon 8-13-2001 by L.L. No. 1-2001. (This local law also repealed former Ch. 145, Mobile Home Parks, adopted 7-7-1978, as amended.) Amendments noted where applicable.]
This chapter shall he known as the "Mobile Home Park Law of the Town of New Lebanon."
There are several existing mobile home parks within the Town of New Lebanon, and mobile home parks are permitted uses. The purpose of this chapter is to provide rules and standards for the operation and licensing of existing and future mobile home parks in order to protect the health, safety and general welfare of residents of the town.
As used in this chapter, the following words and terms shall have the indicated meaning:
- Sufficient to accomplish the purpose intended, and to such a degree that no unreasonable risk is presented to health or safety. Within the meaning of this chapter, an item installed, maintained, designed and assembled, an activity conducted, or act performed, in accordance with recognized generally accepted standards, principles or practices applicable to a particular trade, business, occupation or profession shall be considered adequate.
- DRINKING WATER
- Water provided or used for human consumption, food preparation, or for lavatory, culinary, bathing or laundry purposes.
- GENERALLY ACCEPTED STANDARDS
- Those standards referenced in the New York State Building Construction Codes and Fire Prevention Code (9 NYCRR), or their successors(s) or any other standards filed with the Secretary of State.
- A mobile or manufactured home in a mobile home park.
- MANUFACTURED HOME
- A single-family dwelling unit factory-built to the Federal Manufactured Housing Construction and Safety Standards (24 CPR 3280) HUD Code.
- MOBILE HOME
- A single-family dwelling that is wholly or in part, fabricated in an off-site manufacturing facility for installation or assembly at the building site, designed to be a permanent residence and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of June 15, 1976.
- MOBILE HOME ACCESSORY BUILDING OR STRUCTURE
- A building or structure which is in addition to or supplements the facilities provided for a mobile home. It is not a self-contained, separate and habitable building or structure.
- MOBILE HOME PARK (hereafter known as "park")
- A property consisting of a tract of land maintained by an operator for two or more mobile homes and/or manufactured homes, which may be occupied by persons for residential purposes other than recreation, traveling or vacationing, and who are provided services or facilities necessary for their use of the property.
- MOBILE HOME SITE (hereinafter also known as "site")
- A designated parcel of land in a mobile home park provided by the operator and designed for accommodating one mobile or manufactured home, its accessory buildings or structures, and accessory equipment for the exclusive use of the occupants.
- The owner, lessee or any other person designated as responsible for the maintenance and operation of the park and such services and facilities as are provided and/or necessary for the use of such property.
- An individual, group of individuals, partnership, firm, corporation, association, political subdivision, governmental agency, municipality, industry, estate or any legal entity whatever.
- Excreta and the waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine.
The requirements of this chapter shall apply to a mobile home park maintained for the placement of two or more mobile homes and/or manufactured homes. Unless otherwise specified, the requirements of this chapter apply to both existing and new mobile home parks.
Setbacks. Any property line of a mobile home park shall be at least 1,000 feet from the property line of property used for public school purposes or for public parkland.
Weed control. The common areas of a mobile home park shall be kept by the operator free of dense brush or weeds. The growth of ragweed, poison ivy, poison oak, poison sumac or other noxious weeds shall be controlled. The elimination of such weeds where the growth is limited to a single site shall be the responsibility of the occupants.
Insect and rodent control. Grounds, buildings and structures shall be maintained in such a manner as to control noxious insects and rodent infestations.
Refuse disposal. The operator shall provide for refuse pickup or central refuse storage. If refuse pickup is not provided, the occupant shall be responsible for transporting refuse to the central refuse storage location. The operator shall remove refuse from any central refuse storage location on at least a weekly basis to avoid odor and the accumulation of refuse outside a contained storage area.
Drainage and grading. The property within the mobile home park shall be properly graded to promote rapid drainage and shall be free of stagnant or standing pools of water.
Water supply. Drinking water shall be adequate in quantity, of a quality acceptable to the Columbia County Department of Health, and shall be readily available to the occupants at all times. A minimum water pressure of 20 pounds per square inch shall be provided at the riser pipe of each site at all times.
Water connection. A water service connection consisting of a service box with a shutoff valve installed below the frost line and a three-quarter-inch riser pipe shall be supplied on each site. Surface drainage shall be diverted from the connection. The park operator shall be responsible for maintaining the shutoff and riser pipe. The riser pipe shall be provided with a watertight seal when not connected to a home.
Sewage facilities shall be designed, constructed and maintained in accordance with the appropriate standards of the Columbia County Department of Health or the New York State Department of Environmental Conservation. Facilities shall be designed and maintained to provide for the satisfactory treatment and disposal of sewage without noxious odor or surface percolation of inadequately treated sewage. No new or modified sewage facilities shall be constructed without prior approval from the Columbia County Department of Health or the New York State Department of Environmental Conservation and the Town of New Lebanon Building Inspector.
Each site shall be provided with a minimum four-inch sewer pipe below the ground surface and a four-inch riser pipe. The connecting pipe from the mobile home to the riser pipe shall be a minimum of three inches in diameter, noncollapsible and semirigid. All pipes shall be maintained by the operator in a watertight and odor-tight condition, and the riser pipe shall be provided with a watertight seal when not connected to a mobile home.
Utilities. The operator shall be responsible for the installation and maintenance of park utilities in accordance with applicable state and local regulations and generally acceptable standards. The operator shall also be responsible for the proper connection of park utilities to each home.
Mobile home stands. A mobile home stand shall provide adequate support for the placement and anchoring of the mobile home in accordance with generally acceptable standards. The stand shall not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces. The stand shall inhibit the ponding of water under and around the home.
Any site established at a new or existing park shall be a minimum of 6,000 square feet and shall be occupied by only one mobile home, and there shall be a minimum separation distance of 60 feet to any home, building or structure on any other site or parcel of land. No site shall be less than 50 feet from a public highway or street line or within 30 feet of any adjacent property line.
Ten percent of the gross land shall be set aside for common, open space for the use of park residents. The common area shall have a minimum of 3,000 square feet and be at least 50 feet in width.
Prohibited mobile homes. No operator shall permit the installation or occupancy of a mobile home built after January 15, 1974, that does not meet the New York State Code for Construction and Installation of Mobile Homes. No operator shall permit the installation or occupancy of a mobile home built after June 15, 1976, that does not meet the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standard (CFR, Title 24, Part 280).
Traffic control. The operator shall be responsible for traffic control measures that will preclude hazards to vehicular and pedestrian traffic and to ensure ready access to any and all sites by emergency vehicles at all times. The operator shall also be responsible for complying with any traffic regulations applicable to the mobile home park that the town may adopt pursuant to Vehicle and Traffic Law § 1640-a.
No person, corporation, partnership or other business entity shall own, maintain, operate or permit the operation of a mobile home park on any parcel of land without a mobile home park license issued by the town.
A current or prospective operator of a mobile home park shall apply for a mobile home park license on the application form maintained by the Town Clerk and shall provide all information requested by the application.
Along with the completed application, an applicant for a new mobile home park or for an expansion of an existing mobile home park shall provide the Town Clerk with three sets of plans, prepared to scale by an engineer or land surveyor, depicting the proposed mobile home park area, all proposed roads, driveways, structures, sites, common area(s) and water and septic services.
The applicant shall file with his application for a new mobile home park an environmental assessment form required under the State Environmental Quality Review Act.
The applicant shall pay application fees determined by the Town Board by resolution.
Upon receipt of all materials required by § 145-7, the Town Clerk shall forward copies of the application documents to the Town Board, the Town Planning Board and the Town Building Inspector.
The Planning Board shall, within 45 days of its receipt of the application documents, make a recommendation to the Town Board either to approve or disapprove the issuance of a license to the applicant.
The Building Inspector shall make an inspection of the property on which the mobile home park is to be located within 21 days of his receipt of the application materials to verify the information provided in the application. If the applicant is seeking a license for an expansion of an existing mobile home park, the Building Inspector shall determine whether the existing mobile home park is in compliance with the requirements of § 145-5 and shall, within 10 days of his inspection, issue a report to the Town Board concerning his inspection. If the Building Inspector finds the existing mobile home park to be in material violation of § 145-5, the Town Board shall deny an application for the expansion of the mobile home park.
Within 60 days of its receipt of completed application materials, the Town Board shall schedule a public hearing on the application on 10 days' notice published in the official newspaper of the town. At the hearing, the Town Board will take comments from persons concerning the pending application. Upon concluding the public hearing, unless additional information is required from the applicant, the Town Board shall vote to approve or to deny the pending application.
Upon approval of the license application, the applicant shall be issued a permit by the Building Inspector to construct the mobile home park. Upon completion of construction, the applicant shall notify the Building Inspector, who will inspect the construction to determine that it is in compliance with the provisions of the law and any applicable provision of the New York State Building Code. The applicant shall also provide to the Building Inspector required approvals from the Columbia County Department of Health under the New York State Sanitary Code or the permits obtained from the New York State Department of Environmental Conservation.
If the Building Inspector finds the construction to be in compliance with the provisions of this chapter, he shall, within 21 days of his inspection, issue a written report to the Town Board recommending the issuance of a mobile home park license. The Town Board shall at its next regularly scheduled meeting authorize the Town Clerk to issue a mobile home park license.
Upon payment of the license fee established by Town Board resolution, the Town Clerk shall issue the applicant a license to operate a mobile home park to be effective from the date of issuance and to continue in force until the 31st day of December. The license shall specify the number of authorized mobile homes. It shall not be assignable or transferable.
Unless changed on subsequent license renewal applications, the operator's address and telephone number listed on the license shall be the appropriate address and telephone number for all subsequent notices from the town relating to the mobile home park. The operator shall display the license at a conspicuous location in the mobile home park.
By applying for and obtaining a license, an operator gives his consent to the inspection of the mobile home park by the Town Building Inspector, the Columbia County Department of Health, the New York State Department of Environmental Conservation or any other person appointed by the Town Board, upon reasonable notice. These inspections may include all common areas of the park and of structures used in connection with providing services to the mobile home park occupants. The refusal of an operator to permit such an inspection is grounds for the revocation of a mobile home park license.
Within 30 days prior to the expiration of a mobile home park license, an operator shall apply for a renewal license. A renewal license shall be issued, provided that the mobile home park is not in violation of the provisions of this chapter. As part of the application for a renewal license, the operator shall provide a sworn statement that the mobile home park has not been enlarged since the issuance of the previous year's license and that the operator knows of no existing violations of § 145-5. A renewal license does not authorize the expansion of the mobile home park beyond the number of mobile home sites previously approved by the Town Board.
Renewal license fee. The renewal license fees shall be determined by resolution of the Town Board. The failure of the operator to submit a renewal license application prior to the expiration of the current license shall result in an additional fee for obtaining the renewal license.
The failure of the operator to obtain a renewal license within 30 days after the Town Clerk has notified the operator that the mobile home park license has expired shall result in the mobile home park becoming an unlicensed mobile home park as provided in § 145-12.
[Amended 3-9-2005 by L.L. No. 4-2005]
A mobile home park license may be revoked because of the failure of the operator to comply with the requirements of this chapter. Prior to any revocation, the Town Clerk, at the direction of the Town Board, shall provide the operator with written notice of the violation(s) and directing that the violation(s) be corrected within 10 days from the date of notice. If the violation(s) is/are not corrected, the Town Board shall schedule a revocation hearing upon 10 days' written notice to the operator, at which hearing the Town Board will determine whether the license should be revoked. If the Town Board determines that the license should be revoked, then the mobile home park will become an unlicensed mobile home park as provided in § 145-12.
The following constitute an unlicensed mobile home park:
A mobile home park whose operator has not applied for a license within 60 days of the effective date of this chapter or who after submitting an application has unreasonably failed to diligently pursue obtaining a mobile home license.
A mobile home park whose license application has been denied by the town.
A mobile home park whose operator has failed to renew a previously issued mobile home park license as provided in this chapter.
A mobile home park whose license has been revoked by the town.
[Amended 2-9-2009 by L.L. No. 1-2009]
A person, and if the person is a corporation, its individual officers, who maintains an unlicensed mobile home park shall be guilty of a misdemeanor that shall be punishable by a fine of up to $1,000 for each day the unlicensed operation of the mobile home park is permitted to continue or by a period of imprisonment of up to one year, or both.
For purposes of the enforcement of the provisions of this chapter, the Building Inspector or Zoning Enforcement Officer is authorized to issue and serve appearance tickets returnable to the Town Justice Court.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $250 for each day the unlicensed operation of the mobile home park is permitted to continue. Such penalty shall be collectable by and in the name of the Town for each day that such violation shall continue.
In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of such chapter.
In addition to the penalties allowed in § 145-13 of this chapter, any operator of an unlicensed mobile home park, subject to the provisions of New York Real Property Law § 233, shall not enter into new or renewal leases for mobile home sites or for mobile home occupancy in the unlicensed mobile home park. Any operator, or in the case of a corporate operator, its individual officers, who violates this section shall be punishable for each violation by a fine of $1,000 fine or by a period of up to 30 days' imprisonment, or both.
The Building Inspector shall post at the entrance to any unlicensed mobile home park conspicuous notices advising the public that the mobile home park is unlicensed in violation of the law in the Town of New Lebanon and that the operator of the mobile home park is prohibited from entering into new or renewal leases for mobile home sites or mobile homes within the mobile home park. Any person removing the postings of the Building Inspector without authority from the town shall be guilty of a misdemeanor punishable by a fine of $250 or by a period of up to 15 days' imprisonment, or both.
The provisions of this chapter governing mobile home park layout and setbacks shall only apply to a new mobile home park or an expansion of an existing mobile home park.
If any clause, sentence, paragraph, section or part of this chapter be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph. section or part thereof directly involved in the controversy in which said judgment shall have been rendered.
This chapter shall take effect upon filing with the New York State Secretary of State.