[HISTORY: Adopted by the Town Board of the
Town of LaGrange 4-29-1981 by L.L. No. 3-1981 as Ch. 63 of the 1975
Code. Amendments noted where applicable.]
A.
Regulation. Within the Town of LaGrange, a mobile
home may be used or occupied as a dwelling when located within a mobile
home park established, licensed and conducted in accordance with this
chapter.
B.
INTERNAL STREET
LICENSE, MOBILE HOME PARK
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME STAND
PERMIT
PERSON
PLANNED DEVELOPMENT DISTRICT
RIGHT-OF-WAY
SERVICE OR RECREATIONAL BUILDING
Definitions. Certain words used in this chapter are
hereinafter defined and explained. Other words used in this chapter
shall have the meanings commonly attributed to them.
A paved road within the boundaries of the mobile home park.
A written license issued by the Town Clerk allowing a person
to operate and maintain a mobile home park under the provisions of
this chapter and regulations issued hereunder.
A transportable single-detached dwelling for one family suitable
for year-round occupancy and containing the same water supply, waste
disposal and electrical convenience as immobile housing. A mobile
home is designed and built to be towed on its own chassis, comprised
of a frame and wheels, and is connected to utilities and designed
without a permanent foundation for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity, as well as
two or more separately towable components designed to be joined into
one integral unit capable of being again separated into the components
for repeated towing. A mobile home is not to be confused with a travel
trailer which is towed by an automobile, can be operated independently
of utility connections, is limited in width to eight feet, in length
to 35 feet and is designed to be used principally as a temporary vacation
dwelling.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use.
That part of a mobile home lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
A written permit issued by the Zoning Administrator permitting
the construction, alteration and/or extension of a mobile home park
under the provisions of this chapter and regulations issued hereunder.
Any individual, firm, trust, partnership, public or private
association or corporation.
A district shown upon the Zoning Map of the Town of LaGrange and established in accordance with Zoning § 240-33, Planned Development District, for the purpose of authorizing a mobile home park.
That portion of designated land set aside for the installation
of utilities and/or sidewalks, curbs, gutters or other unrestricted
uses.
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required local
standards.
A.
General. In accordance with the procedures, standards
and conditions hereinafter specified, the LaGrange Planning Board
may, when authorized by the Town Board and simultaneously with the
approval of a subdivision plat under the Town of LaGrange Land Subdivision
Regulations, approve mobile home parks located in a Planned Development
District[1] established for such purpose.
B.
Application. Application for a mobile home park shall
be submitted to the Town of LaGrange Zoning Administrator, who shall,
upon receipt, transmit the application to the LaGrange Town Board
and a copy thereof to the Planning Board. The application shall be
accompanied by the following:
(1)
Standard plan. A standard subdivision plan meeting the requirements for a preliminary layout under Chapter 203, Subdivision of Land, and conforming in all respects to said regulations and the regular provisions of the zoning district existing prior to establishment of a Planned Development District; four copies shall be submitted.
(2)
Preliminary plan. A modified subdivision plan meeting the requirements for a preliminary layout under Chapter 203, Subdivision of Land, and showing a mobile home park in accordance with this chapter; four copies shall be submitted.
(3)
Statement. A written statement describing the proposed
method of providing, financing and administering water supply and
sewage disposal systems and of owning and administering open space
land; four copies shall be submitted.
(4)
Other. The Town Board or Planning Board may request
the submission of such additional information that it deems necessary
in order to decide on the application.
(5)
Application fee. An application fee, as set forth on the prevailing fee schedule adopted by resolution of the Town Board, and as such schedule is modified from time to time by resolution of the Town Board, for each building lot shown on the preliminary plan, which fee is in addition to any fee required under Chapter 203, Subdivision of Land.
[Amended 7-22-2009 by L.L. No. 2-2009]
C.
Petition. In accordance with § 240-33, Zoning, the person applying for the mobile home park shall also submit to the Town Board a petition for establishment of a Planned Development District for the purpose of authorizing the mobile home park.
D.
Initial action. The Planning Board shall first review the standard plan and by resolution determine the number of lots that constitute a reasonable subdivision of the land. The Planning Board shall then report to the Town Board its recommendations for approval, modification or disapproval of the preliminary plan. The Town Board may, after a public hearing thereafter, establish the Planned Development District for the mobile home park and authorize the Planning Board to approve such park in accordance with the preliminary plan with or without modifications specified by the Town Board, taking into account among other factors the suitability of plans, financial arrangements and administrative methods for water supply and sewage disposal; the location and suitability of proposed open space land and the proposed ownership and administrative methods therefor; and the effect of the mobile home park on the appropriate and orderly development of the neighborhood, the appropriate use of adjacent property and the appearance and character of the neighborhood. If the Planned Development District is established by the Town Board and the mobile home park is thereby authorized by the Town Board, with or without modifications and conditions, the Planning Board may then approve the application subject to modifications and conditions specified by the Town Board or that the Planning Board deems necessary to comply with Chapter 203, Subdivision of Land, and this chapter. Such approval shall be made by the Planning Board simultaneously with tentative approval of the preliminary layout under Chapter 203, Subdivision of Land.
E.
Final action. Approval of the application authorizes the applicant to submit to the Planning Board an application for approval of a subdivision plat under Chapter 203, Subdivision of Land, and for the mobile home park. Upon receipt, the Planning Board shall transmit to the Town Board a copy of the application for a subdivision plat together with accompanying maps and plans. The Town Board shall determine compliance with its original authorization. Upon determination of such compliance, the Planning Board shall act on the mobile home park in the same manner as required for action on subdivision plats under Chapter 203, Subdivision of Land.
F.
Construction permit. Mobile home parks approved by
the Planning Board under this chapter may be established only after
an application for a construction permit has been submitted to the
Zoning Administrator and a construction permit has been issued by
him.
G.
Certificate of occupancy. In addition to the license requirements of § 156-4 of this chapter, a mobile home park may be used or occupied and each mobile home, service building and other accessory building in a mobile home park may be used or occupied only after a certificate of occupancy therefor has been issued by the Zoning Administrator certifying conformity with this chapter.
A.
General. The mobile home park and mobile homes therein
shall conform to the standards hereinafter specified.
B.
District and acreage. The mobile home park shall be located in a Planned Development District established by the Town Board under Chapter 240, Zoning. The area included in the mobile home park, excluding existing roads, shall consist of not less than 15 acres.
C.
Number of lots. The number of mobile home lots shown
on the mobile home park plan shall not exceed the number of lots shown
on the standard plan and determined by the Planning Board to constitute
a reasonable division of the land under the regular provisions of
the zoning district existing prior to establishment of the Planned
Development District.
D.
Size of lots and yards. Each mobile home lot shall
contain at least 6,500 square feet and shall be of such shape that
each mobile home is placed on the lot so as to meet the following
minimum requirements:
(1)
Front yard setback depth from the mobile home development
street: 20 feet.
(2)
Setback from the mobile home lot line on the entry
side: 20 feet.
(3)
Side yard setback from the mobile home lot line on
the side opposite from the main entry of the mobile home: 10 feet.
(4)
Rear yard setback from the mobile home lot line: 15
feet.
E.
Accessory buildings on individual lots. One accessory
building not exceeding 120 square feet in dimension per park lot is
permitted. No portion of the accessory building shall be located closer
to the internal street than the mobile home. The accessory building
shall be located as indicated on the subdivision plat, and architectural
designs shall be subject to approval by the Planning Board.
F.
Design and construction of mobile homes. Each mobile
home shall conform to the following:
(1)
Codes. No mobile home shall be placed or installed
in a mobile home park unless it meets or exceeds the American National
Standard for Mobile Homes (ANSI A119.1-1972, NFPA No. 501B.1971) and
the Safety Standard for Liquid Fuel-Burning Heating Appliances for
Mobile Homes and Travel Trailers (ANSI A-147.1-1969), in addition
to New York State codes.
(2)
Skirts. Each mobile home owner shall be required to
enclose the open space beneath the mobile home with a skirt constructed
of either metal, wood, masonry or approved material, properly ventilated,
within 60 days after arrival in the park.
G.
Parking, roadways and access. The following shall
be provided for vehicular and pedestrian access:
(1)
Parking area. Two off-street parking spaces shall
be provided for each mobile home lot. Each parking space must have
a minimum of 200 square feet and may be grouped with others in a common
or semicommon parking bay as indicated on the approved plat plan.
(2)
Access. The entrance road connecting the mobile home
park streets with public road shall have a minimum paved road width
of 24 feet or a total of 36 feet, including rights-of-way.
(3)
Internal streets. Internal streets shall conform to
the following:
(a)
The width of all rights-of-way shall be a minimum
of 30 feet, 24 feet of which shall be paved.
(b)
Culs-de-sac shall be provided in lieu of closed-end
streets and shall have a turnaround having an outside roadway diameter
of at least 90 feet.
(c)
All streets shall be well drained, graveled
and oiled.
(4)
Lighting. Adequate lighting shall be provided, with
style and location of lighting fixtures to be approved by the Planning
Board.
H.
Landscaping. The mobile home park shall present a
sightly appearance, and the park applicant shall present a plan acceptable
to the Planning Board for landscaping the park. Such plan may incorporate
the natural growth and features or provide planted screenings.
I.
Sanitation and drainage. The following provisions
shall be made for water supply, sewage disposal, drainage and solid
waste disposal:
(1)
Water supply. An adequate supply of water shall be
provided for mobile homes, service buildings and other accessory buildings
as required by this chapter. Where public water supply is available,
a connection thereto shall be used exclusively unless the Town Board
deems otherwise. If a public water supply system is not available,
a private water supply system shall be constructed and maintained
to the approval of the Dutchess County Health Department or other
authority having jurisdiction. Such private system shall be constructed
so that it may be connected with a public water supply system when
available.
(2)
Sewerage system. An adequate and approved system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Such systems must be designed, constructed and maintained in accordance with Dutchess County Department of Health standards and regulations and with Chapter 187, Sewers, of the Code of the Town of LaGrange. Where the sewer lines of the mobile home park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the Dutchess County Department of Health and the Town Sanitary Engineer prior to construction and shall be designed so as to be connected with the public system when available.
(3)
Drainage. A system of stormwater management facilities shall be provided and shall be approved by the Town Engineer and the Planning Board. Stormwater management facilities shall be designed in accordance with the requirements set forth in Chapter 197 of the Town Code.
[Amended 10-24-2007 by L.L. No. 4-2007]
(4)
Garbage and refuse. Each mobile home park shall make
provision for sanitary equipment to prevent littering of the grounds
and premises with rubbish, garbage and refuse. Each mobile home shall
have containers with tightly fitting covers. Disposal shall be provided
for all rubbish, trash and garbage at least twice weekly by the park
owner or his agent and in conformance with Town disposal requirements.
J.
Electrical distribution and individual systems. The
following electrical systems and services shall be provided:
(1)
Distribution. Every park shall contain an electrical
wiring system consisting of wiring fixtures, equipment and appurtenances
which shall be installed and maintained in accordance with local electric
power company's specifications and regulations. The design, installation,
inspection and testing of the electric distribution system and the
materials and fixtures used therein shall conform to the applicable
requirements of the National Electrical Code (ANSI C1-1971, NFPA No.
70-1971) and the utility supplying electrical service to the mobile
home park.
(2)
Undergrounding. All utility distribution lines shall
be placed below ground.
(3)
Service. Each mobile home lot shall be provided with
not less than a two-hundred-ampere service.
K.
Fuel supply and storage. Fuel supply and storage shall
be provided as follows:
(1)
Fuel and storage. Fuel supply systems for the mobile
home park may be natural gas, liquefied petroleum gas or fuel oil
or a combination thereof. Where fuel oil and/or liquefied petroleum
gas is used, the oil service may be provided from a central storage
tank through an underground distribution system or from a tank concealed
beneath the mobile home. The liquefied petroleum gas must be supplied
from a central storage tank through an underground distribution system.
(2)
Codes. Storage and distribution systems shall conform
to the following code requirements:
(a)
Natural, mixed or liquefied petroleum gas distribution
systems shall conform to the applicable requirements of the New York
Codes, Rules and Regulations, Part 255 (16 NYCRR 255). Storage tanks
for liquefied petroleum gas shall conform to the applicable requirements
of NFPA Nos. 58-1969 and/or 59-1968.
(b)
Fuel oil storage and distribution systems shall
meet or exceed the applicable provisions of the American Standard
Code for Pressure Piping, Section 4, Oil Transportation Piping (ANSI
B31.4-1971 and B31.4a-1972 addendum). Storage tanks shall be of welded
steel construction and shall meet or exceed the requirements of the
American Petroleum Institute Standard for Welded Steel Storage Tanks
(API Std. 650).
L.
Recreation and open space. In each mobile home park
provision shall be made for recreation and open space as follows:
(1)
Every mobile home park shall be provided with a common
recreational area or areas for the use of persons living in the park,
which areas shall contain no less than 1,000 square feet per mobile
home lot.
(2)
The Town Board, as a condition of approval, may establish
such conditions on the ownership, use and maintenance of open spaces
as it deems necessary to assure the preservation of such open spaces
for their intended purposes.
(3)
The recreation areas shall have a location acceptable
to the Planning Board.
A.
License required. After such time that all other rules,
regulations, codes and provisions of this chapter have been met, as
attested by the Building Inspector or other Code Enforcement Officer
of the Town of LaGrange, the Town Clerk of the Town of LaGrange will
issue a license for operation and maintenance of a mobile home park.
The applicant will file a licensing fee per mobile home lot, as set
forth on the prevailing fee schedule adopted by resolution of the
Town Board and as such schedule is modified from time to time by resolution
of the Town Board. Said license is for a twelve-month period. Requirements
of this section are applicable to all mobile home parks within the
Town of LaGrange.
[Amended 7-22-2009 by L.L. No. 2-2009]
(1)
Renewal
of license. Approval of the license renewal application, accompanied
by the stipulated fee per mobile home lot, shall be based upon demonstration
that the design and maintenance of the park is in accordance with
the requirements at the time of approval of the construction permit
for the park. However, the park owner shall be required to make changes
or improvements as required by amendments to Town laws and ordinances
subsequent to the issuance of the construction permit and within the
effective date of the amendments.
(2)
Transfer
of license. Licenses are not transferable except upon written application
to and approval by the Town Board of the Town of LaGrange.
B.
Register. All park owners shall keep a register of
the year, make, serial number and size of mobile homes in their parks,
said register to be maintained in the office of the park owner which
should be located in Dutchess County. The names and addresses of the
mobile home owners shall also be on file.
C.
Maintenance. The person to whom a license has been
issued shall operate the mobile home park in compliance with this
chapter and shall provide adequate supervision on site to maintain
the park, its facilities and equipment in good repair and in a clean,
sanitary condition.
D.
Inspections. A representative of the Town of LaGrange
and/or the Dutchess County Department of Health may inspect a mobile
home park at reasonable intervals and at reasonable times to determine
compliance with this chapter and the health regulations of Dutchess
County and the Town of LaGrange.
A.
Existing parks. This chapter shall not apply to trailer parks in existence at the time of enactment hereof except as specifically noted in § 156-4. Preexisting mobile home or trailer parks shall, within 180 days of the effective date of this chapter, file a plat plan with the Town Clerk showing existing sites and facilities. Any future expansion beyond that in existence at the time of enactment of this chapter shall meet the requirements hereof.
B.
Previous laws. The provisions of this chapter shall
supersede local laws, ordinances, codes or regulations to the extent
that such laws, ordinances, codes or regulations are inconsistent
with the provisions hereof; provided, however, that nothing herein
shall be construed to prevent the adoption and enforcement of a law,
ordinance or regulation which is more restrictive or which establishes
a higher standard for mobile home parks 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.
C.
Conflict with other laws. 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 a higher
standard shall prevail.
