It shall be unlawful for any person, partnership, association or corporation
to locate a mobile home or to construct, alter, use or allow the use of any
mobile home park or travel trailer camp within the limits or the Town of Corinth,
unless a valid permit has been issued by the Town Board. Permits are issued
and effective from the day of issuance to and including December 31 of that
same year.
[Added 4-8-2004 by L.L. No. 4-2004]
The placement of new mobile homes must be allowed within the land use district as described in Article III of the Town Land Use Law.[1] All new mobile home communities must follow the Planned Development District process as described in Article XI of the Town Land Use Law as well as the standards outlined in Article V of this local law.
A.
All applications for permits or for renewal shall be
submitted, in writing, in triplicate, to the Town Clerk.
B.
Each application shall be accompanied by three complete
sets of plans prepared by a licensed land surveyor and one of the following:
a licensed engineer, landscape architect or licensed architect. The plans
shall be drawn to a scale of 100 feet to one inch; shall include the data:
North point and scale; and shall furnish the following information:
(1)
Legal data.
(a)
The name and address of the applicant or the name and
address of each partner or principal, if the applicant is a partnership or
a joint venture, or the name and address of each officer and director, if
the applicant is an association or corporation.
(b)
The location and description and Tax Map number of the
land that is proposed to be used as a mobile home park or travel trailer camp,
if available or appropriate.
(c)
The number of lots to be provided in such park.
(d)
Test pits to determine groundwater and/or bedrock.
(3)
Existing development.
(a)
A location map at the scale of one inch equals 100 feet
which shows all land within 300 feet of the proposed mobile home park, the
owners thereof and all structures on the land which abuts the proposed park.
(b)
The location, names and widths of all adjacent streets.
(c)
The location of all waterlines and utilities within and
adjacent to the proposed site.
(4)
Proposed development.
(a)
The location and widths of all entrances, exits, streets,
walkways and parking areas and easements.
(b)
The location, size and arrangement of each lot within
the park.
(c)
The method and plan for lighting and electrical systems.
(d)
The location and plan of all proposed structures and
improvements.
(e)
Any proposed stormwater drainage.
(f)
Any proposed utilities and evidence from the New York
State Department of Health and the New York State Department of Environmental
Conservation indicating approval of the proposed sewer and water systems.
(g)
Existing zoning.
(h)
The location of any central fuel storage facilities,
if any.
A.
The Building Inspector or Code Enforcement Officer is
hereby authorized and directed to make such inspections as are necessary to
determine satisfactory compliance with this Part 1.
B.
The Building Inspector or Code Enforcement Officer shall
have the authority to inspect, at reasonable times, any private or public
property for the purpose of investigating conditions relating to enforcement
of this Part 1.
C.
The Building Inspector or Code Enforcement Officer shall
check the application for compliance with the minimum requirements as established
by the applicable rules and regulations of the New York State Department of
Health, the New York State Department of Environmental Conservation, Adirondack
Park Agency, the Town of Corinth and the Sanitary Code of the State of New
York. Incomplete applications shall be returned to the applicant, indicating
the additional information or material required.
D.
The Building Inspector or Code Enforcement Officer shall,
after such investigation, transmit the certified application to the Town Board
and Planning Board, together with his written findings and recommendations
as whether the application satisfies standards within 30 days after filing
the application with the Building Inspector or Code Enforcement Officer.
E.
The Building Inspector or Code Enforcement Officer shall
have the power to inspect the register containing a record of all residents
of the mobile home park or travel trailer camp.
If the application is disapproved, the applicant shall have the right
to appear before the Town Board for a hearing.
A.
The Town Clerk of the Town of Corinth shall issue a permit
to be effective from the date of issuance to and including December 31st of
that same year.
B.
This permit shall not be issued until the Town Clerk
has received:
(1)
A written application from the applicant.
(3)
Approval of the application by the New York State Department
of Health.
(4)
Approval of the application by the New York State Department
of Environmental Conservation.
(5)
Approval of the application by the Adirondack Park Agency,
if applicable.
(6)
Approval by the Town Building Inspector or Code Enforcement
Officer.
(7)
A resolution from the Town Board approving issuance of
license.
(8)
A copy of the rental agreement.
(9)
Soil scientist approval on soil conditions for septic
systems.
(10)
County or state curb cut approval, where applicable.
A.
An application for the renewal of any mobile home park
or travel trailer camp permit which was issued in accordance with the provisions
of this Part 1 must be filed with the Town Clerk on or before December 1 preceding
the expiration of the permit. Evidence of on-site inspection by the Building
Inspector or Code Enforcement Officer between May and September must be submitted
in order to obtain permit renewal.
B.
The renewal application shall not be accompanied by a
plan of the park or camp unless changes have been made to it, nor is it necessary
that the application be accompanied by a copy of the rental agreement, unless
a new rental agreement has been entered into subsequent to the time of filing
the previous application.
C.
Upon the approval of the Building Inspector or Code Enforcement
Officer and by resolution of the Town Board, the Town Clerk shall issue a
renewal permit to be effective upon the expiration of the previous permit
and continue in force for a period of one year.
E.
Such renewal shall not be transferable or assignable,
except upon approval by the Town Board.
F.
Any license not renewed for a period of six months shall
be considered abandoned, and the applicant must complete the entire permitting
process outlined in this Part 1.
A.
Any person holding a permit for a mobile home park or
travel trailer camp and desiring to add additional lots or expanded facilities
to such park or camp shall file an application for a supplemental permit.
C.
When approved and upon the receipt of the required fee,
as set forth from time to time by resolution of the Town Board,[1] the Town Clerk shall issue a supplemental permit which will be
effective from the date of issuance to and including December 31 of the same
year.
[Amended 12-5-1996 by L.L.
No. 2-1996]
[1]
Editor's Note: The current fees are on file in the Town Clerk's office.
Any permit for a mobile home park or travel trailer camp may be revoked
when it is found to be in violation with this Part 1.
A.
Should the Building Inspector or Code Enforcement Officer
find that conditions exist which are in violation of any provision of this
Part 1, he shall give notice, in writing, to the permittee that, unless such
conditions or practices are corrected within 10 days, the permit will be revoked.
B.
If at the end of 10 days a further inspection reveals
that the conditions or practices have not been corrected, the Building Inspector
or Code Enforcement Officer shall then remove the permit and give notice of
such suspension, in writing, to the permittee, the Town Board and the Planning
Board. Upon notice of revocation, the permittee shall cease operation of the
mobile home park or travel trailer camp.
All mobile home parks and travel trailer camps built prior to the enactment
of this Part 1 which do not meet the standards of this Part 1 shall be called
"nonconforming mobile home parks" or "nonconforming travel trailer camps"
respectively.
A.
Mobile home parks or travel trailer camps operating under
a valid permit issued prior to the effective date of this Part 1 may continue
to operate under the terms of such permits, and a renewal permit shall be
issued under the terms of the original issuing ordinance.
B.
Before a renewal permit may be issued, such parks or
camps must continue to provide for the health, safety and general welfare
of its occupants.
C.
Existing mobile home parks and travel trailer camps must
provide for an adequate supply of pure drinking water and adequate sewage
systems.
D.
All mobile homes placed in an existing park after the
effective date of this Part 1 shall contain approved smoke and heat detectors.
A.
Petition. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Part 1 or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Town Board, provided that such a person shall file in the office of the Town Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 21 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and the suspension, except in the case of an order issued under § 91-19. Upon receipt of such petition, the Town Board shall set a time and place for such hearing and shall give the petitioner written notice thereof.
B.
Hearing. At such time the petitioner shall be given an
opportunity to be heard and to show why such notice should be modified or
withdrawn. The hearing shall be commenced not later than 21 days after the
day on which the petition was filed, provided that, upon application of the
petitioner, the Town Board may postpone the date of the hearing for a reasonable
time beyond such ten-day period when, in the judgment of the Town Board, the
petitioner has submitted valid reasons for such postponement.
C.
Order of the Town Board. After such hearing, the Town
Board shall make findings as to compliance with the provisions of this Part
1 and regulations issued thereunder and shall issue an order, in writing,
sustaining, modifying or withdrawing the notice which shall be served in writing.
Upon failure to comply with any order sustaining or modifying a notice, the
license of the mobile home park or travel trailer camp affected by the order
shall be revoked.
Whenever the Building Inspector or Code Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this Part 1, 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, he shall be afforded a hearing as soon as possible. The provisions of § 91-18 shall be applicable to such hearing and the order issued thereunder.
