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:
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MOBILE HOME STAND
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.
TRAVEL TRAILER
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]
(1) The applicant shall pay to the Town Clerk an application
fee annually equal to the sum of $100 plus $5 multiplied by the number
of lots authorized by the permit.
(2) The fee for a supplemental license shall be computed
and determined in the same manner.
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.
B. Physical features.
(1) Contours at two-foot intervals.
(2) Location of watercourses, marshes, and areas subject
to flooding, and any designated wetlands.
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.
(8) Any public improvements proposed by the Town in or
adjoining the proposed park.
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.
[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.
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.