Permit subject to compliance schedule. The Town Board may, at its
discretion, issue a permit renewal, subject to various terms, where
the Town Board determines that the applicant is not in compliance
with the requirements of this chapter or conditions set forth in applicant's
current compliance schedule. In consideration of the issuance of a
compliance schedule and the designation of condition(s) the Town Board
may require the submission of a guaranteed survey for any portion(s)
of the mobile home community believed, based upon the report of the
inspector, to be in violation of any provision of this chapter or
of any previous compliance schedule. The conditions shall be set forth
in a compliance schedule annexed to the permit. Such conditions shall
comply with the following:
(1) Designation of conditions. A condition may be designated only if
all of the following requirements are satisfied:
(a)
The condition poses no threat to the health and safety of the
occupants of a freestanding mobile home, the residents of a mobile
home community or others.
(b)
Extreme practical difficulty or hardship will result from the
enforcement of immediate compliance with this chapter of the Code.
(c)
The provision of law which forms the basis for noncompliance
was adopted subsequent to the installation of the mobile home community
or freestanding mobile home and such mobile home community or freestanding
mobile home has been in continuous use and occupancy subsequent to
said adoption.
(2) Time schedule. A compliance schedule for a condition shall not exceed
three years.
(3) Assignability. A compliance schedule is not transferable or assignable.
(4) Modification or repeal of a condition or compliance schedule. A condition
or compliance schedule may be modified or repealed upon the recommendation
by the town inspector and the determination of the Town Board that
such modification or repeal is necessary for compliance with any and
all provisions of the New York State Uniform Fire Prevention and Building
Code or other federal, state, county or town regulations.