[HISTORY: Adopted by the Town Board of the
Town of Halfmoon 4-16-1991 by L.L. No. 2-1991. Amendments noted where
applicable.]
This chapter shall be known as the "Regulation
of Mobile Homes and Mobile Home Parks of the Town of Halfmoon."
The purpose of this chapter is to promote the
health, safety, morals and general welfare of the community, including
the protection and preservation of the property of the Town of Halfmoon
and of its inhabitants, by establishing specific requirements and
regulations governing the occupancy and maintenance of mobile homes,
mobile home parks, travel trailers.
For the purposes of this chapter, the following
words, terms and phrases shall have the meaning ascribed to them in
this section:
A mobile home is any portable vehicle which is designed to
be transported on its own wheels or those of another vehicle; which
is used, designed to be used and capable of being used as a detached
single-family residence; and which is intended to be occupied as permanent
living quarters containing sleeping accommodations, flush toilet,
a tub or shower, kitchen facilities and plumbing and electrical connections
for attachment to outside systems.
A mobile home lot is a designed site of specific total land
area which is located within a mobile home park for the accommodation
of one mobile home and its occupants.
A mobile home park is any parcel of land which is planned
and improved for the placement of two or more mobile homes which are
used as dwellings and for occupancy of more than 90 consecutive days.
A mobile home stand is a durable surface located on a mobile
home lot which is to be used for the placement of and capable of supporting
a mobile home.
A travel trailer is any portable vehicle which is designed
to be transported on its own wheels; which is designed and intended
to be used for temporary living quarters for travel, recreational
or vacation purposes; and which may or may not include one or all
of the accommodations and facilities included in a mobile home.
Any person, partnership, association, joint
venture or corporation, being the owner or occupant of any land within
the Town of Halfmoon, shall not use or allow the use of such land
for a mobile home park unless a license has been obtained as herein
provided.
A.
Issuance of license.
(1)
The Town Clerk of the Town of Halfmoon may issue a
license to be effective from the day of issuance to the next succeeding
June 30.
(2)
This license may not be issued until the Town Clerk
has received:
(a)
A written application from the applicant.
(b)
The required fee as herein provided.
(c)
Approval of the application by the New York
State Department of Health District Office.
(d)
Approval by the Town Code Enforcement Officer.
(e)
Current New York State-licensed survey map and
site plan showing all lots existing in the park.
(f)
A resolution from the Town Board approving issuance
of license.
(3)
The license shall not be transferable or assignable.
B.
Supplemental license.
(1)
Any person holding a license for a mobile home park
and desiring to add additional lots to such park or camp shall file
an application for a supplemental license.
(2)
The application for such supplemental license must be accompanied by five complete sets of plans and specifications as required by § 107-5 et seq. and § 107-6 et seq. of this chapter. The application for a supplemental license shall be filed and handled according to the procedures established in those sections of the chapter.
(3)
When approved in accordance with the procedures established,
the Town Clerk shall issue a supplemental license which will be effective
from the date of issuance until and including June 30.
[Amended 11-18-2008 by L.L. No. 7-2008]
C.
License renewal.
(1)
An application for the renewal of any mobile home
park license which was issued in accordance with the provisions of
this chapter, (or during the year 1991, its predecessor) must be filed
with the Town Clerk on or before May 1 preceding the expiration of
the license.
(2)
The renewal application shall not be accompanied by a plan of the park or camp unless changes have been made to it, subject to the provisions of Subsection A(2).
(3)
Upon the approval of the Code Enforcement Officer
and by resolution of the Town Board, the Town Clerk shall issue a
renewal license to be effective upon the expiration of the previous
permit and continue in force from July 1 through June 30 of the next
succeeding year.
(4)
Fees for the renewal license shall be payable upon
application for the renewal of the license.
[Amended 11-18-2008 by L.L. No. 7-2008]
(5)
Such renewal license shall not be transferable or
assignable.
D.
License fees.
[Amended 11-18-2008 by L.L. No. 7-2008]
Each application for establishment of a mobile
home park shall be in writing and signed by the applicant.
A.
The application and related information shall be filed
with the Town Clerk in triplicate.
B.
The Town Clerk shall transmit one copy of the application
to the Town Code Enforcement Officer. The Town Clerk shall refer one
copy of the application to the Town Planning Board for review and
report prior to the final action by the Town Board in accordance with
the provisions of § 271 of the Town Law.
C.
The Code Enforcement Officer shall check the application
for compliance with the minimum requirements as established by the
rules and regulations of the New York State Department of Health and
Sanitary Code of the State of New York and the requirements of this
chapter. The Code Enforcement Officer shall, after such investigation,
transmit the application to the Town Board together with his written
findings as whether the application satisfies or does not meet the
minimum health and sanitary standards within 60 days after the date
of filing the application with the Town Clerk.
D.
Upon receipt of the application from the Town Clerk,
the Planning Board shall review the general arrangements of the mobile
home park. The Planning Board may require such additional information
as the Planning Board shall in its discretion deem necessary to adequately
review the plot, including but not limited to engineering-stamped
plans for utilities, water, sewer, stormwater, New York State-licensed
surveyor's lot layout, SEQRA requirements must be met and a public
hearing as required thereon in compliance with all applicable Town
and state standards. This shall include a review of location and width
of streets and parking areas; the location, size and arrangement of
lots; the location of other structures within the park; the location
of entrances and exits; and the location, type and extent of landscaping
and screening materials. The Planning Board shall transmit the application
back to the Town Board, together with its written findings, within
60 days of receipt of the completed application containing all the
required information. Failure to act within 60 days of receipt of
the completed application shall be deemed a disapproval recommendation.
E.
The Town Board shall review the findings of the Code
Enforcement Officer and the Planning Board and, by resolution, indicate
its approval or disapproval of the application within 60 days of the
date of the receipt of the recommendation of the Planning Board or,
if no recommendation is received within 60 days after the expiration
of the Planning Board receipt of the application, the application
shall be considered by the Town Board as if the Planning Board recommendation
was disapproved. The application shall be returned to the Town Clerk,
and the applicant notified in writing by the Town Clerk of the decision
rendered within five days of the date of such decision.
F.
If the application is disapproved, the applicant shall
have the right to appear before the Town Board for a hearing.
Each application shall be accompanied by five
complete sets of plans prepared by a licensed land surveyor, engineer
or landscape architect. The plans shall be drawn to a scale of 20,
40 or 50 feet to one inch; shall include the date, North point, and
scale; and shall furnish the following information:
A.
Legal data.
(1)
The name and address of the applicant; or the name
and the address of each partner or principal if the applicant is a
partnership or joint venture; or the name and address of each officer
and director if the applicant is an association or corporation; and
name and address of property owner if different.
(2)
The location and description of the land that is proposed
to be used as a mobile home park.
(3)
The number of lots to be provided in such park.
(4)
The name and the address of each adjacent property
owner.
C.
Existing development.
(1)
A location map which shows all land within 300 feet
of the proposed mobile home park and all structures on the land which
abuts the proposed park.
(2)
The location, names and widths of all adjacent streets.
(3)
The location of all waterlines and utilities within
and adjacent to the proposed site.
D.
Proposed development.
(1)
The location and widths of all entrances, exits, streets,
walkways and parking areas.
(2)
The location, size and arrangement of each lot within
the park.
(3)
The method and plan for electric lighting.
(4)
The location and plan of all proposed structures and
improvements.
(5)
Any proposed grading and plans for landscaping.
(6)
Any proposed stormwater drainage.
(7)
Any proposed utilities.
(8)
Any public improvements proposed by the Town in or
adjoining the proposed park.
(9)
Existing zoning.
A.
Site.
(1)
The park shall be located in areas where grades and
soil conditions are suitable for use as mobile home sites.
(2)
The park shall be located on a well-drained site which
is properly graded to ensure proper drainage and be free at all times
from stagnant pools of water.
(3)
The park shall be free from heavy or dense growth
of brush and woods.
(4)
The park shall be at least 10 acres in size and have
300 feet of frontage on a public road.
(5)
All requirements of SEQRA must be addressed.
B.
Mobile home lot.
(1)
Each mobile home park shall be marked off into mobile
home lots.
(2)
The total number of mobile home lots in a mobile home
park shall not exceed six per gross acre.
(3)
Each mobile home lot shall have a total area of not
less than 5,000 square feet with a minimum width of 50 feet.
(4)
Each double-wide mobile home lot shall have a total
area of 6,000 square feet and a minimum width of 60 feet.
(5)
There shall be no more than one RV, camper or travel trailer, which
may not be used as the primary residence, stored on any mobile home
lot.
[Added 7-16-2014 by L.L. No. 3-2014]
C.
E.
Mobile home stand.
(1)
Each mobile home shall have a mobile home stand which
will provide for the practical placement on and removal from the lot
of both the mobile home and its appurtenant structures and the retention
of the home on the lot in a stable condition.
(2)
The stand shall be of sufficient size to fit the dimensions
of the anticipated mobile homes and their appurtenant structures or
appendages.
(3)
The stand shall be constructed of an appropriate nonporous
material which is durable and adequate for the support of the maximum
anticipated loads.
(4)
The stand shall be suitably graded to permit proper
surface drainings.
F.
Accessibility.
(1)
Each mobile home park shall be easily accessible from
an existing public highway or street.
(2)
Where a mobile home park has more than 16 mobile home
lots, at least one point of entry and one point of exit shall be provided,
subject to the determination of the Planning Board in site plan review.
(a)
Such entrances and exits shall be designed and
strategically located for the safe and convenient movement into and
out of the park, and to minimize friction with the free movement of
traffic on a public highway or street.
(b)
All entrances and exits shall be at right angles
to the existing public highway or street.
(c)
All entrances and exits shall be free of any
material which would impede the visibility of the driver on a public
highway or street or entering upon said highway or street.
(d)
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile
homes attached.
(3)
Each park shall have improved streets to provide for
the convenient access to all mobile home lots and other important
facilities within the park. Streets shall be improved to at least
meet Town Plan specifications.
(a)
The street system shall be so designed to permit
the safe and convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topography and
shall have suitable alignment and gradient for traffic safety.
(c)
All streets shall intersect at right angles.
(d)
All streets shall have a minimum width of 30
feet.
(e)
Except in cases of emergency, no parking shall
be allowed on such streets.
(4)
An improved driveway shall be provided for each mobile
home lot. This driveway shall have a minimum width of 20 feet.
G.
Parking.
(1)
Two off-street parking spaces shall be provided on
each mobile home lot. The parking spaces shall be of similar construction
and grading as the mobile home stand. Each parking space shall have
a minimum width of 10 feet and a minimum length of 20 feet.
H.
Utilities and service facilities.
(1)
The following utilities and service facilities shall
be provided in each mobile home park, which shall be in accordance
with the regulations and requirements of the New York Department of
Health and the Sanitary Code of New York State.
(a)
An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all mobile home
lots and buildings within the park to meet the requirements of the
park. Each mobile home lot shall be provided with proper water connections.
(b)
Each mobile home lot shall be provided with
a sewer connection, which shall be connected to the mobile home situated
on the lot, to receive the waste from the shower, tub, flush toilets,
lavatory and kitchen sink in such home. The sewer system shall be
so constructed, designed and maintained so as not to present a health
hazard and shall be inspected and approved by the Town Code Enforcement
Officer as well as having any Department of Health approvals. Sewer
connections in unoccupied lots shall be so sealed to prevent the emission
of any odors and the creation of breeding places for insects.
(c)
Garbage cans and/or dumpsters with tight-fitting
covers shall be provided in quantities adequate to permit the disposal
of all garbage and rubbish. The cans shall be kept in sanitary condition
at all times. The cans shall be located no further than 200 feet from
any mobile home lot. Garbage and rubbish shall be collected and disposed
of as frequently as may be necessary to ensure that such cans shall
not overflow.
(2)
Other service buildings shall be provided as directed
by the Planning Board or as necessary and proper for the normal operation
of the park. Such buildings shall be maintained by the owner or manager
of the park in a clean, sightly and sanitary condition.
(3)
Each mobile home lot shall be provided with weatherproof
electric service connections and outlets which are a type approved
and inspected by the New York State Board of Fire Underwriters, for
which a certificate shall have to be issued.
J.
Landscaping and maintenance.
(1)
Lawn and ground cover shall be provided on those areas
not used for the placement of mobile homes and other buildings, walkways,
road and parking areas.
(2)
Plantings shall be provided to the extent needed in
order to provide for the screening of objectionable views, adequate
shade and a suitable setting for the mobile homes and other facilities.
(a)
Screen planting shall be provided to screen
objectionable views. Views which shall be screened include laundry
facilities, other nonresidential uses, garbage storage and collection
areas, and all abutting yards of adjacent properties.
(b)
Other planting shall be provided along those
areas within the park which front upon existing public highways and
streets to reduce glare and provide pleasant outlooks for the living
units.
(3)
All utilities, health hazards, maintenance upkeep,
and repair of the park shall be in compliance with all Town, county,
and state rules and regulations applicable thereto and shall be the
responsibility of the park owner.
(4)
The entire plot and layout and infrastructure shall
be subject to review and approval by the Town engineers and surveyors
and the attendant fees and escrow account shall be the responsibility
of the applicant in accordance with the same provisions contained
in the Subdivision Rules and Regulations.[1]
A.
Prohibition of mobile homes.
(1)
No occupied mobile home or travel trailer shall be
parked or allowed to remain upon any street, highway or other public
place, except that emergency stopping or parking, when caused by mechanical
failure, shall be permitted upon the shoulder of any street or highway
for a period of not more than 72 hours; subject, however, to any prohibition
or limitation imposed by other regulations or laws.
(2)
No occupied mobile home shall be parked or otherwise
placed within the Town of Halfmoon and outside a licensed mobile home
park, except as follows:
(a)
The Town Board may grant a permit, for a period
not to exceed one year, to the owner of land within the Town of Halfmoon
who intends to construct on such land a dwelling house for his own
occupancy or his employee's occupancy. The owner of the land may place
or park a mobile home on such land for his own occupancy or his employee's
occupancy during the construction of such dwelling. Said mobile home
shall be removed from the premises upon expiration of the permit or
upon issuance of the certificate of occupancy for the new premises,
whichever occurs first.
(b)
The Town Board may grant a permit and/or permits to the owner of a farm to set up a mobile home to be occupied only by a farm worker and his family, provided each mobile home is located on a lot of at least 100 feet by 40 feet and no closer than 40 feet to the farmhouse or any farm buildings and provided that the lot is free from drainage problems and fenced off from farm animals; provided that the owner of the farm shall file an application for a permit in compliance with the provisions of § 107-8B of this chapter. Said permit is not transferable and becomes void if ownership of the farm changes or if the mobile home is unoccupied for a period of more than 90 days by a farm worker who works on the premises.
B.
Mobile home licenses.
(2)
Each application for a mobile home license under § 107-8 shall be in writing and signed by the applicant. This application must state and be accompanied by the following:
(a)
The name and address of the applicant.
(b)
The location and description of the land.
(c)
A plan drawn to scale of not smaller than one
inch equals 20 feet nor greater than one inch equals 50 feet. This
plan must show the boundaries of the land, the location of the mobile
home on the land, the location of the plan for the proposed water
supply and sewage disposal systems and the location of adjacent properties
and structures.
(d)
A certified or photostatic copy of the deed
to the land which indicates that the applicant is the owner of such
land.
(e)
A fee of $50 plus $2 for every mobile home.
(3)
The Town Clerk shall transmit the application to the
Town Code Enforcement Officer. Upon receipt, the Code Enforcement
Officer shall review the application's compliance with the provisions
of this chapter and the requirements of the New York State Department
of Health. The Code Enforcement Officer shall then transmit the application,
along with his written findings, to the Town Board.
(4)
The Town Board shall review the application and the
findings of the Code Enforcement Officer and, by resolution, indicate
its approval or disapproval.
(5)
The Town Clerk shall notify the applicant of the decisions
of the Town Board and issue a license to the applicant if the application
was approved.
(6)
If the application was disapproved, the applicant
shall have the right to appear before the Town Board for a hearing.
C.
Mobile home requirements.
(1)
Any mobile home parked or placed outside a duly licensed mobile home park permitted in § 107-8 shall have an adequate supply of pure water for drinking and domestic purposes and a sewage disposal system. Both systems shall satisfy the requirements of the New York State Department of Health.
(2)
No occupied mobile home outside a duly licensed mobile home park shall be permitted under § 107-8 to be parked or placed nearer than:
(3)
Not more than one occupied mobile home shall be placed or parked on any parcel of land which is located outside a licensed mobile home park, except as provided by § 107-8A(2)(b).
D.
Existing mobile homes.
(2)
If the owner of the land desires to substitute a mobile home of superior construction or improve the facilities for the existing mobile home, such substitution or improvements shall meet the requirements of § 107-8C(1) and (2) of this chapter.
(a)
If existing mobile home is removed, replacement
must be within 60 days.
The Code Enforcement Officer of the Town of Halfmoon shall enforce all of the provisions of this chapter, performing inspections as required and be allowed access to the applicant's premises as necessary to perform his duties and have access if necessary to records in the requirements in § 107-7K.
A.
Revocation of license for mobile home park.
(1)
If the Town Code Enforcement Officer finds and reports
to the Town Board that a mobile home park for which a permit has been
issued is not being maintained in a clean and sanitary condition or
is not being operated in accordance with the provisions of this chapter,
the Town Board may, by resolution, authorize personal service upon
the holder of the permit of a written order of the Town Board which
will require the holder of the permit to correct the conditions specified
in such order within 10 days after the service of such order.
(2)
If the holder of such permit shall refuse or fail
to correct the condition or conditions specified in such order within
10 days after the personal service of such order, the Town Board may,
by resolution, revoke such permit, and the holder of the permit shall
thereupon terminate the operation of such mobile home park.
(3)
However, if the owner or operator of such mobile home
park shall thereafter correct such condition or conditions and bring
the mobile home park into compliance with this chapter, such owner
may then apply for the issuance of a new permit for such park and,
if the application is approved and a permit is granted, the applicant
shall pay to the Town Clerk the fee required by this chapter without
any credit for the fee paid for the permit which was revoked.
B.
Revocation of license for mobile home outside of mobile
home park.
(1)
If the Town Code Enforcement Officer finds and reports to the Town Board that any mobile home located outside a licensed mobile home park is not being maintained in accordance with the provisions of § 107-8C and D of this chapter, the Town Board may cause to be served a written order of the Town Board upon the holder of the permit and/or the owner of the mobile home and/or the owner of the premises, directing that the condition or conditions therein specified be remedied within 20 days of the date of service of the order.
[Amended 11-16-2022 by L.L. No. 8-2022]
None of the provisions of this chapter shall be applicable to
the following:
A.
A mobile home located on the site of a construction project, survey
project or other similar work project and which is used solely as
a field office or work or tool house in connection with such project,
provided that such mobile home is placed on the site on or after the
issuance of a building permit and removed from such site within 30
days after the completion of such project or the issuance of the certificate
of occupancy, whichever is sooner.
B.
A factory-manufactured home as described by the Uniform Code, Energy
Code, and state and local laws.
This chapter does not except from its application
any person, partnership, association, joint venture or corporation
which heretofore may have received a license or permit from the Town
of Halfmoon in accordance with the chapter known as "Mobile Homes
and Mobile Home Park" of the Town of Halfmoon, effective October 27,
1958, the chapter for the regulation of mobile home and mobile home
park, effective April 2, 1968, or any earlier or other chapter of
the Town concerning the same subject matter. This chapter applies
to any such license; subject, however, to any different legal rights
of such license heretofore established.
The Town Board is hereby authorized and shall
appoint a Code Enforcement Officer for the Town of Halfmoon. Such
inspector shall have the duties imposed by this chapter and such other
duties as may be imposed by the Town Board. Such inspector shall have
the right to enter and inspect at any time any building, mobile home,
trailer, structure or premises and to perform any other act necessary
for the enforcement of this chapter or any rule or regulation made
pursuant thereto.
A.
Any person or persons, partnership, joint venture,
associations or corporations committing an offense against this chapter
or any section or provision thereof is guilty of a violation and shall,
upon conviction thereof, be subject to a fine not exceeding $250 or
imprisonment not exceeding 15 days, or both.
B.
In the event of a continuing offense of any section
or provision of this chapter, each day that such offense shall continue
shall constitute a separate violation and subject the violator to
a separate fine, imprisonment, or combination thereof.
C.
Notwithstanding anything herein to the contrary, upon
a conviction for an offense of any provisions of this chapter, an
association or corporation, individual partnership or joint venture
convicted shall be subject to revocation of any permit herein granted
without reimbursement of fees paid thereof.
D.
In lieu of, or in addition to, any fine or imprisonment,
or both, imposed for a conviction of an offense of this chapter, each
such offense may be subject to a civil penalty not to exceed $250
to be recovered in an action or proceeding in a court of competent
jurisdiction. Each day an offense continues shall be subject to a
separate civil penalty.
This chapter shall take effect 10 days after
posting and publication thereof, and immediately as against any person
who is personally served with a certified copy thereof in accordance
with the Town Law of the State of New York.
