This procedure shall be performed in the following
three phases:
A.
Phase I. Preapplication.
(1)
The applicant (developer) shall present to the Town
Clerk a written, duly signed, application for the establishment of
a mobile home park and related general information in triplicate,
which shall include:
(a)
The proposed name of the mobile home park.
(b)
The name and address of the applicant.
(c)
The exact location of the proposed mobile home
park, including tax number(s) of the tract and the total acreage.
(d)
The number of proposed mobile home lots and
estimated present and/or proposed population.
(e)
A key map, at a scale of one inch equals 1,000
feet, including:
[1]
Exact location of the tract, showing state and/or
county highways.
[2]
Boundaries and dimensions of the tract of land.
[3]
Names of owners of adjacent tracts or properties.
[4]
All development, man-made structures and rights-of-way
within 300 feet of the tract.
[5]
Traffic circulation patterns in and about the
proposed park.
[6]
Notation of zoning districts, special districts,
municipal areas and any restricted use areas, parks and open space.
(2)
The Town Clerk shall transmit one copy of the application
data to the Ordinance Administrator. At least 10 days prior to the
Town Planning Board meeting, the Town Clerk shall also present one
copy to the Planning Board for review and recommendations, in accordance
with the provisions of § 274 of the Town Law.[1]
[1]
Editor's Note: Town Law § 274 was
repealed by L. 1992, c. 663, § 1, effective 7-1-1993. See
now Town Law § 271.
(3)
The developer, and/or agent, shall meet with the Town
Planning Board and with a staff member of the Broome County Health
Department in order to:
(4)
Within 20 days after the discussion meeting, the Broome
County Health Department shall determine:
(a)
The suitability of the soil for an adequate
sewage disposal system, with a referral from the United States Department
of Agriculture, Soil Conservation Services, regarding construction
development, sedimentation and erosion control.
(b)
The availability of water supply and public
sewer.
(c)
The possibility of runoff water drainage problems,
referral from the Soil Conservation Service.
(d)
Other site-related matters.
B.
Phase II. General site plan procedure.
(1)
At least 10 days prior to the Planning Board meeting,
the developer shall file:
(a)
The formal application on an official Town of
Chenango application form.
(b)
The complete general site plan, engineering
specifications and documents in triplicate.
(c)
A completed State Pollution Discharge Elimination
System (SPDES) permit application, which shall be presented to the
Broome County Health Department.
(2)
Within 45 days following the above submission date,
the Planning Board shall review the general site plan and engineering
specifications and shall distribute copies of the same within five
days to the following officials or agencies who shall review and return
their comments to the Planning Board within 10 days:
(3)
The Planning Board shall also prepare a report of
the findings and recommendations from the above municipal and other
agencies and shall then take formal action within the above prescribed
forty-five-day period recommending approval, approval with modifications
(environmental impact statement may be required where impact is likely
to be significant) or disapproval.
(4)
The Planning Board shall forward copies of its formal
action to the developer, Broome County Health Department, the Town
Clerk and the Town of Chenango municipal agencies concerned.
(5)
If a zoning change or special permit is required,
the prescribed procedure set forth in the Town of Chenango Zoning
Ordinance,[2] including the required public hearing shall be complied
with. Should the case require a review by the Broome County Planning
Department, pursuant to § 239-l and § 239-m of
the General Municipal Law:
(a)
The County Planning Department shall be allowed
30 days to respond with its recommendation.
(b)
The Town Board shall take formal action on the
case after receipt of the County Planning Department recommendation.
The Town Board shall not act contrary to a disapproval recommendation
by the County Planning Department, except by a vote of a majority
plus one of all the members thereof and after the adoption of a resolution
fully setting forth the reasons for such contrary action.
(6)
After notification of the action taken regarding the
preliminary site layout and, if needed, the approval of the zoning
change or issuance of a special permit, the developer shall perform
the necessary modifications, if required by the Planning Board, and
shall submit the amended (modified) site plan and supporting documents
and drawings to the Planning Board for a subsequent review.
C.
Phase III. Submittals and documentation for final
approval. Procedure.
(1)
Prior to the Planning Board's final review, the developer
shall submit the following documents:
(a)
Amended (modified) site plan approval.
(b)
The Broome County Health Department approval.
(c)
SPDES permit approval.
(d)
Copies of approval letters from the concerned
municipal agencies.
(e)
Copy of the lot rental contract or lease arrangement
for mobile home owners.
(f)
Approval from the Broome County Department of
Public Works or State Department of Transportation, if needed, for
construction along county or state rights-of-way and other necessary
permits.
(g)
Performance bonds for sewers, water supply,
roads, curbs and gutters shall be evaluated for their sufficiency
by the appropriate municipal officials, prior to the required approval
or disapproval by the Town Board.
(2)
The Planning Board shall review the above submittals,
prepare a report of its findings, make the report available to the
public and advertise a public hearing a minimum of 10 days prior to
the date of the hearing.
(3)
Within 45 days after this public hearing, the Planning
Board shall take final action and:
(a)
Grant approval, approval with modifications,
or disapproval.
(b)
If needed, grant time to the developer to make
necessary changes.
(c)
Record in its minutes the actions taken and
the reason(s) for such action.
(d)
Forward notification of action to the developer,
the Broome County Health Department, the Broome County Planning Department
(in a case involving § 239-l and § 239-m of the
General Municipal Law), the Town Clerk and the municipal agencies
concerned.
(4)
Approval of the final plan shall expire nine months
after notification of final action and after passing of a resolution
authorizing the Planning Board Chairman to sign the final plan. The
developer may apply for time extension, not to exceed three months,
to complete required revisions, if necessary, prior to a re-review
by the Planning Board to verify the modifications.
(5)
Should the above approval period expire, further action
shall require a complete review, as prescribed above.
(6)
The Broome County Health Department shall conduct
the final inspection of the mobile home park at least 15 days prior
to its issuance of a permit to operate. This condition is in conformance
with the state law and is the actual review of the plan implementation,
i.e., on-site inspection. The design engineer or architect shall submit
to the Broome County Health Department a written statement as to the
compliance of construction with the plans and specifications, based
on inspections of the construction by the design engineer or architect.
