[HISTORY: Adopted by the Town Board of the Town of Horseheads 11-13-1968 by L.L. No. 1-1968; amended in its entirety 6-11-2014 by L.L. No. 1-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 204.
This chapter shall be known as "Local Law Regulating Manufactured/Mobile Homes for the Town of Horseheads, New York."
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Horseheads, Chemung County, New York, by the regulation of the occupancy of manufactured/mobile home parks within said Town.
As used in this chapter, the following terms shall have the meanings indicated:
LOT LINE
A line dividing one lot from another, or from a street or any public place.
MANUFACTURED HOME
A factory-manufactured dwelling unit built on or after June 15, 1976, and conforming to the requirements of the Department of Housing and Urban Development (HUD), Manufactured Home Construction and Safety Standards, 24 CFR 3280, April 1, 1993, transportable in one or more sections, which, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2), minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the federal Department of Housing and Urban Development and complies with the standards established under the national Manufactured Housing Construction and Safety Act of 1974,[1] as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.
MANUFACTURED/MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the accessory structures incident to it, including such open spaces as are used in connection with such mobile home.
MANUFACTURED/MOBILE HOME LOT WIDTH
The mean distance measured parallel to the front lot line between the two side lot lines.
MANUFACTURED/MOBILE HOME PARK
A parcel of land under single ownership which is improved for the placement of mobile homes for nontransient use and which is offered to the public for the placement of two or more mobile homes.
MANUFACTURED/MOBILE HOME STAND
That part of a mobile home lot which has been reserved for the placement of the mobile home.
MOBILE HOME
A factory-manufactured dwelling unit built prior to June 15, 1976, with or without a label certifying compliance with NFPA, ANSI or a specific state standard, transportable in one or more sections, which, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length, or, when erected on site, is 320 square feet (29.7 m2), minimum, constructed on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "mobile home" shall not include travel trailers or any self-propelled recreational vehicle.
RECREATIONAL VEHICLE (RV)
A motorized, self-propelled vehicle containing sleeping and other facilities for habitation.
STAND AREA
That part of a mobile home lot which is reserved for the placement of the mobile home stand. The stand area shall be located according to the minimum distances specified in § 132-10I of this chapter.
TRAILER, CAMPER
A trailer containing sleeping and other facilities for habitation and intended to be towed or carried by another vehicle.
[1]
Editor's Note: See 24 CFR 3280 et seq. or 42 U.S.C. § 5401 et seq.
It shall be unlawful for any persons to construct, maintain, operate, alter or extend a manufactured/mobile home park within the limits of the Town of Horseheads, unless such person shall first obtain a license therefor. Such license shall be renewed annually.
A. 
Application for initial license shall be filed with and issued by the Town Board. The application shall be in writing, signed by the applicant and shall include the following:
(1) 
The name and address of the applicant and owner of the land.
(2) 
The address, phone number and local manager of the park.
(3) 
A complete plan of the park in conformity with the requirements of this chapter.
(4) 
Plans and specifications of all buildings, improvements, facilities and landscaping existing or to be constructed or installed within the mobile home park.
(5) 
A copy of all proposed restrictions, rules and regulations to be imposed on occupants of the mobile home park.
(6) 
Such further information as may be requested by the Enforcement Officer to enable him or her to determine if the existing or proposed park will comply with the legal requirements and the New York State Health Department.
B. 
The application and all accompanying plans and specifications shall be filed in duplicate. The Enforcement Officer, who shall be appointed by the Town Board, shall review the application and the proposed plans and specifications and shall forward a copy to the Planning Board for its review and recommendations as to compliance with the objectives of the Comprehensive Plan. Such recommendation shall be in writing and shall be completed within 30 days from the time of submitting to the Planning Board. If the existing or proposed mobile home park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this chapter, and all other applicable local laws and statutes and regulations, including approval of the Chemung County Health Department, the Enforcement Officer shall approve the application. Upon completion of the park according to the plans, the Town Board shall issue the license.
A. 
Application for renewal of license. Upon application, in writing, for renewal of a license and upon payment of the annual license fee, the Town Board shall renew such license for another year. Such applicant shall certify that no change has been made since the last licensing period and said trailer park conforms to all local laws, statutes and regulations applicable thereto. If any changes have taken place in the mobile home park, the applicant must produce a revised plan showing that said changes comply with this chapter and all other local laws and regulations applicable thereto.
B. 
Application for transfer of license. Upon application, in writing, for transfer of a license (or temporary permit) and payment of the transfer fee, the Town Board shall issue a transfer.
A. 
The annual license fee for each manufactured/mobile home park shall be as set forth from time to time by resolution of the Town Board.
B. 
The fee for transfer of an annual license (or temporary permit) shall be as set forth from time to time by resolution of the Town Board.
C. 
The temporary permit fee for each one-hundred-eighty-day period shall be as set forth from time to time by resolution of the Town Board.
A. 
This chapter shall be enforced by the Enforcement Officer, and said officer and his or her inspectors shall be authorized and have the right in the performance of their duties to enter any premises and make such inspections as are necessary to determine satisfactory compliance with this chapter and regulations issued hereunder. Such entrance and inspection shall be accomplished at reasonable times and in emergencies whenever necessary to protect the public interest.
B. 
Owners, agents, operators and occupants shall be responsible for providing access at reasonable times to all parts of the premises within their control to the Enforcement Officer or to his or her inspectors acting in the performance of their duties.
C. 
It shall be the duty of the Town Board:
(1) 
To cause periodic inspections of all licensed premises at a minimum of 12 months and to inspect premises in pending applications for licenses or temporary permits and shall report the inspection of said manufactured/mobile home parks in the official minutes of the Town Board.
(2) 
To investigate all complaints made under this chapter.
(3) 
To request the Town Attorney to take appropriate legal action on all violations of this chapter.
A. 
Upon determination by the Enforcement Officer that there has been a violation of any provisions of this chapter or regulations issued hereunder, the Enforcement Officer shall give notice of such violation(s) in the following manner:
(1) 
The notice shall be in writing.
(2) 
The notice shall include a statement of the reasons for its issuance.
(3) 
The notice shall state a reasonable time for the performance of any act(s) necessary for compliance.
(4) 
The notice shall contain an outline of remedial action which, if taken, will effect compliance.
(5) 
The notice shall be served by certified mail and directed to the licensee of the licensed premises as stated in the application, and such notification shall be deemed sufficient legal notice under this chapter.
B. 
Any person affected by any notice which has been issued in connection with the enforcement of this chapter may request and shall be granted a hearing before the Town Board, provided that such person shall file with the Town Board a written petition requesting such hearing and setting forth a statement of the grounds therefor within 20 days after receipt of the notice. The filing of the request for a hearing shall serve to stay the notice, except in case of an order issued under § 132-9E of this chapter. Upon receipt of said petition, the Town Board shall set a time and place for such hearing, which time shall be not later than 30 days after the day on which the petition was filed and shall give the petitioner written notice thereof.
C. 
Within 30 days after such hearing, the Town Board shall issue an order, in writing, sustaining, modifying or withdrawing the notice, which order shall be served as directed in § 132-9A of this chapter. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
D. 
The proceedings of such hearing, together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the Enforcement Officer.
E. 
Whenever the Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order stating the existence of such emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency, including the suspension of the license or temporary permit or the closing of a park and evacuation of all occupants. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon petition to the Town Board, shall be afforded a hearing as soon as possible. The provisions of § 132-9C and D shall be applicable to such hearing and the order issued thereafter.
A. 
Location. Manufactured/mobile home parks shall be located in Planned Unit Development (PUD) Districts approved by the Town Board under Chapter 204, Zoning.
B. 
Areas for nonresidential use.
(1) 
If facilities are provided for servicing, maintenance and management, including laundry facilities, said facilities shall be landscaped with trees and shrubs and shall provide adequate off-street parking space and shall be adequately maintained, cleaned and improved.
(2) 
Nothing contained in this section shall prevent the sale of a mobile home connected to water, sewer and electrical distribution and collection systems and located on a mobile home stand within the mobile home park.
C. 
Density and mobile home lot size. The maximum density of a manufactured/mobile home park shall be eight mobile home lots per developed gross acre of area included in said park. Mobile home lots shall generally be a minimum of 5,000 square feet in area with a width of 50 feet. Mobile home parks in existence on the effective date of this chapter which provide mobile home lots having a width or area less than that prescribed above may continue to operate with spaces of the existing width and area as long as said manufactured/mobile home lot is not less than 25 feet wide and not less than 2,100 square feet in area.
D. 
Required separation between manufactured/mobile homes. There shall be a separation space of at least 15 feet between a mobile home and any other mobile home on an adjacent lot. Expandable rooms, enclosed patios, garages or structural addition patios, carports and individual storage facilities shall be included as a part of the manufactured/mobile home in determining separation and clearance.
E. 
Required setbacks, buffer strips and screening.
(1) 
All mobile homes shall be located at least 25 feet from any park boundary line.
(2) 
A minimum distance of six feet shall be maintained between any manufactured/mobile home and the nearest pavement edge of an adjoining park street.
F. 
Park street requirements.
(1) 
General requirements. The internal street system in a mobile home park shall be privately owned, constructed and maintained and shall be designed for safe and convenient access to all spaces and facilities intended for use by park occupants. Alignment and gradient shall be adapted to the topography, to safe movement of anticipated traffic and to satisfactory control of surface water and groundwater.
(2) 
Street widths. Street widths shall be measured between the edges of the pavement and shall meet the following minimum requirements:
(a) 
Internal streets.
[1] 
One-way, parking one side only: 18 feet.
[2] 
Two-way, parking one side only: 26 feet.
(b) 
Access streets. At points where general traffic enters or leaves the park, regardless of widths specified above, street widths shall be sufficient to permit free movement from or to the public street and in no case shall be less than 28 feet. Parking on internal streets shall not be permitted within 75 feet of the right-of-way of the public street.
(3) 
Required illumination of park street system. All parks shall be furnished with lighting units, either overhead or side lights, or a combination of both, so spaced and equipped as to provide for the safe movement of pedestrians and vehicles.
(4) 
Street construction and design standards.
(a) 
Surface. All streets shall be provided with a smooth, hard, dense surface which shall be durable and well drained under normal use and weather conditions. Pavement edges shall be protected to prevent raveling of the surface and shifting of the base. Street surfaces shall be maintained free of cracks, holes and other hazards.
(b) 
Grade. Grades of all streets shall be sufficient to ensure adequate surface drainage.
(c) 
Intersection. Street intersections shall be at approximately right angles. Offsets at intersections and intersection of more than two streets at one point shall be avoided.
G. 
Off-street parking requirements.
(1) 
Off-street parking areas shall be provided in all manufactured/mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two car spaces for each mobile home lot, each space to be at least 180 square feet in area, plus any required access and maneuvering space.
H. 
Walks.
(1) 
Common walk system. All common walkways shall be provided with a smooth, hard surface and shall have a minimum width of three feet.
(2) 
Individual walks. All mobile home stands shall be provided with a walkway leading from the stand to the street or to a driveway or parking space connecting to a paved street. Such walkway shall be provided with a smooth, hard surface and shall have a minimum width of three feet.
I. 
Manufactured/mobile home stands. No stand areas shall be closer than 12 feet to the front lot line, 18 feet to the lot line on the entrance side, 15 feet to the lot line opposite the entrance side and 25 feet to the rear lot line.
J. 
Storage areas. An enclosed storage facility not exceeding 100 square feet of storage space may be provided on each mobile home lot and shall be so constructed so as to blend aesthetically with the mobile home and surrounding area and be located behind the mobile home or carport or end of driveway. Such facility shall be located in such a way as to maintain the separation requirements of § 132-10D of this chapter.
K. 
Ground floor area. No mobile home shall have less than 980 square feet of ground floor area.
A. 
General requirements. An adequate, safe and potable supply of water shall be provided in each mobile home park.
B. 
Quantity. The water supply shall be of such quantity and supply as required by the New York State, Chemung County Health Department and New York State Building Codes.
C. 
Treatment. The treatment of a private water supply shall be in accordance with applicable laws and regulations.
A. 
The storage, collection and disposal of refuse in the park shall be conducted to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.
B. 
If a common refuse storage area is provided, it shall be rodentproof and located not more than 150 feet from any lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.
C. 
If refuse containers are to be stored on individual mobile home lots, such containers shall be stored so as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.
D. 
Garbage in all common refuse storage areas shall be removed at least twice weekly. Where suitable collection service is not available from municipal or private agencies, the park operator shall provide this service.
E. 
Disposal of refuse by burning on the site is expressly prohibited.
A. 
Up to four RVs or campers can be placed in an area that is not an approved lot and a maximum of one in an approved lot for manufactured homes between April 1 to November 1.
B. 
At least 10 feet of separation must be maintained between a RV and any structure on an adjacent site (including pop outs, awnings, etc.).
C. 
Said vehicles and campers must have Chemung County Health Department approval if required.
D. 
Said vehicles and campers must have valid current registration.
E. 
Said vehicles and campers must be connected to electric, sewer and water in an approved manner.
F. 
Permits must be displayed in a conspicuous place.
A. 
The person to whom a license for a manufactured/mobile home park is issued shall operate the park in compliance with this chapter and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
B. 
The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter and regulations issued hereunder.
C. 
The park management shall supervise the placement of each manufactured/mobile home on its stand, which includes securing its stability and installing all utility connections.
D. 
The park management shall maintain a register containing the names of all park occupants. Such register shall be available to any authorized person inspecting the park in their official duties.
A. 
The park occupant shall comply with all application requirements of this chapter and regulations issued hereunder and shall maintain his or her mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
B. 
The park occupant shall be responsible for the proper placement of his or her mobile home on its mobile home stand and the proper installation of all utility connections in accordance with the instructions of the park management.
C. 
The park occupant shall be responsible for complete skirting of his or her mobile home within 30 days of occupancy. Any materials used for skirting or for the construction of enclosed patios, garages or structural additions, patios, carports and individual storage facilities shall provide a finished exterior appearance.
All construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy must conform to the applicable provisions of the New York State Building Codes, Health Department and Chemung County Health Department.
Any person, firm or corporation who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to penalties as set forth in Chapter 1, General Provisions, Article II, General Penalty, and, in addition, any and all persons who violate any of the provisions of this chapter or who shall omit, neglect or refuse to do any act required by this chapter shall severally, for each and every such violation and noncompliance, respectively, forfeit and pay a civil penalty of $200. The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provisions of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter or the taking of such other action as may be authorized by law.
The Town Board of the Town of Horseheads shall appoint an Enforcement Officer for enforcement of the provisions hereunder.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulation or local law, the most restrictive, or that imposing the higher standards, shall prevail.