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, 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 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.
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.
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.
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.
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.