For the purpose of this chapter, the following
words and phrases shall have the meaning ascribed to them in this
section.
ACCESSORY STRUCTURE
Any structural addition to said mobile home which includes,
but is not limited to, awnings carports, porches, storage cabinets,
mailboxes and similar appurtenant structures.
ANNUAL PERMIT
A written permit issued annually by the Building Inspector
permitting a person, partnership or corporation to operate and maintain
a mobile home park or trailer park under this chapter.
COMMON WAY
Any path, area or space designated for joint use of those
occupying the mobile home park.
INITIAL PERMIT
A single license granted on the initial application for a
permit to construct, erect, operate, maintain and install a mobile
home park.
MOBILE HOME
Any vehicle or structure used or so constructed as to permit
its being towed on a public street or highway and/or used as a conveyance
on the public streets and highways, whether licensed as such or not,
and constructed in such a manner as will permit occupancy thereof
as a dwelling or permanent living quarters (sleeping place) for one
or more persons, and provided with a toilet and bathtub or shower
and electrical and plumbing connections to outside systems whether
to be placed on a foundation or not. New mobile homes sited in the
town must meet the standards of construction set forth in the State
Code for the Construction and Installation of Mobile homes and the
Uniform Code of Construction and Installation Standards for Mobile
Homes of the State of New York. At such time as the town may establish
a building code, all mobile homes within the jurisdiction shall come under
this chapter. This definition of mobile home includes all additions
which are purchased or added thereto or additions made subsequent
to installation.
MOBILE HOME OR TRAILER SPACE
A plot of ground within a mobile home park or trailer park
designated for the accommodation of one mobile home or one trailer.
MOBILE HOME PARK
A plot of ground on which two or more mobile homes occupied
for dwelling or sleeping purposes are located, placed and used as
dwellings.
RECREATION AREA
An area equal to at least 10% of the gross land area but
not less than a minimum area of at least one acre set aside for common
use of the occupants of the mobile home or trailer park for diversionary
purposes. The land shall be landscaped, cleared, adequately drained,
conveniently located and shall be included in the sanitary maintenance
of the park. The topography shall be suitable for recreation purposes.
SERVING BUILDINGS
A structure housing a toilet(s), lavatory or other such facilities
required by this chapter.
SEWER CONNECTION
The connection consisting of all pipes and appurtenances
for the drain outlet of the mobile home to the inlet of the corresponding
sewer riser pipe of the sewage system serving the mobile home park.
SEWER RISER PIPE
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home space.
SHALL
Indicates that which is required by the provisions of this
chapter.
TRAILER
Any vehicle used or so constructed as to permit its being
used as a conveyance on the public streets and highways and duly licensed
as such, and constructed in such a manner as will permit occupancy
thereof as a temporary dwelling for travel, recreational and vacation
uses or sleeping place for one or more persons. A "trailer" under
this chapter shall also mean tent trailers, truck campers or other
sleeping facilities other than a mobile home and/or what normally
constitutes a permanent dwelling unit.
TRAILER PARK
Any lot, piece or plot of ground on which two or more trailers
occupied for sleeping purposes are located, regardless of whether
or not a charge is made for such accommodations.
WATER RISER PIPE
That portion of the water supply system serving the mobile
home park which extends vertically to the ground elevation and terminates
at a designated point at each mobile home space.
For new mobile homes or trailer parks, expansions
or alterations of existing mobile home parks or trailer parks, the
following regulations shall apply.
A. Initial permit.
[Amended 2-25-2020 by L.L. No. 1-2020]
(1) All initial applications for permits shall be made
to the Planning Board/Zoning Board of Appeals, and application for
renewals for existing valid permits shall be made to the Building
Inspector. Upon approval of the Planning Board/Zoning Board of Appeals
and compliance with regulations of the New York State Health Department
and approval of the Albany County Health Department, issuance of the
permit shall be by the Building Inspector and shall be contingent
upon compliance with all sanitary laws and regulations of the State
of New York and approval by a majority vote of the Town Planning Board/Zoning
Board of Appeals and compliance with this chapter. A public hearing
must be held prior to action by the Town Planning Board/Zoning Board
of Appeals. The public hearing shall be announced in the official
Town Newspaper at least two successive weeks prior to the meeting.
(2) Preliminary applications for new mobile home parks
or trailer parks, expansions or alterations of existing parks shall
be made by presenting to the Planning Board/Zoning Board of Appeals
a sketch diagram of the park area, outlining dimensions of the park,
boundaries, spaces, roads, entrances, exits, accessory buildings,
parking areas, wooded areas, wetlands, watercourses and abutting highway
roads and landowners. Information shall also be provided on water
supply and sewage disposal location and design. The sketch diagram
shall be drawn approximately to scale. No fee shall accompany the
initial sketch diagram.
(3) Within five weeks after the preliminary application is presented, the Town Planning Board/Zoning Board of Appeals shall notify the applicant of its approval or conditional approval or disapproval of the preliminary application. Reasons for any disapproval shall be provided by the Board. Thereafter, the applicant shall make final application as provided in §
114-2B below. Final application shall be submitted within one year of the date of approval of the preliminary application. Failure to submit final application within the prescribed period shall require the applicant to submit a new preliminary application. In the event the preliminary application is conditionally approved, the applicant may submit a final application, complete with all changes, alterations and additions noted by the Town Planning Board/Zoning Board of Appeals on the preliminary location, together with all other requirements of the final application. Final plans shall be reviewed by the Town Environmental Management Board prior to action by the Town Planning Board/Zoning Board of Appeals. Where appropriate, the County Planning Board/Zoning Board of Appeals shall have an opportunity to review plans.
B. Permit: method of final application and requirements.
(1) Final applications for permits shall be in writing,
sworn to and signed before a notary public by the applicant who shall
file with the application proof of ownership of the premises or of
a lease or written permission from the owner thereof, together with
six complete sets of plans drawn to scale to adequately illustrate
the details of the proposed site (one set will be returned to the
developer upon approval). Final plans shall be prepared under the
supervision of a professional engineer or architect or landscape architect
licensed by the State of New York ad shall bear the seal and signature
of this professional licensed individual. The name and address of
each partner shall be provided if the applicant is a partnership;
or the name and address of each officer and director if the applicant
is an association or corporation.
(2) The plan shall show the location of the proposed park
and shall include but not be limited to:
(a)
Area; dimensions; adjacent owners; structures.
[1]
The area and dimensions of the tract of land
included in the proposed mobile home park and any additional lands
held in common title and the name of all adjacent landowners, together
with the dimensions of all setbacks.
[2]
Position of structures within 200 feet of adjacent
properties.
(b)
The maximum number, location and size of all
mobile home spaces.
(c)
The location of any existing buildings and any
proposed structures.
(d)
The location and width of roadways, traffic
flow, entrances and exits.
(e)
The location of water systems and sewer lines
and the sewage disposal systems within the site and the location of
all existing public and private water and sewage systems adjacent
to the site, as well as solid waste storage.
(f)
The method and plan for electric lighting, including
streetlighting.
(g)
Proposed electrical and telephone utilities
within the site.
(h)
Circulatory traffic flow or a turnaround with
110 feet diameter.
(i)
Modified topographic contours of the land showing
the finished grade of all land surfaces within the proposed park,
and landscaping to be performed and wooded areas.
(j)
Inset diagram showing a cross-section of proposed
roadway construction within the mobile home park.
(k)
Surface water drainage such as any proposed
stormwater facilities, including drainage channels, runoffs and watercourses,
as well as existing wetlands and areas subject to flooding.
(l)
Proposed location of required screening adjacent
to public roads and signs.
(m)
Legend explaining symbols on final application
map.
(3) The town has the discretionary authority to inquire
into the financial ability of a developer and/or applicant to implement
his plans.
(4) Final application for new mobile home parks or trailer
parks or expansions of existing parks shall be accompanied by a fee
paid to the Town Clerk of $100. An additional $10 fee shall be paid
to the Town Clerk for each approved mobile home space or trailer space
before issuance of a final permit.
(5) The mobile home park or trailer park owner shall begin
construction of the proposed new park or expansion of existing park
within one calendar year following final approval and issuance of
a permit by the Planning Board/Zoning Board of Appeals. Any construction
not completed within three calendar years after approval by the Planning
Board/Zoning Board of Appeals shall be grounds for the permit to become
null and void unless the particular circumstances of said applicant
warrant the Planning Board/Zoning Board of Appeals to grant an extension.
[Amended 2-25-2020 by L.L. No. 1-2020]
C. In the event that an initial permit is granted to
an applicant and that prior to or during construction and before the
completion of the mobile home park or trailer park the premises for
the intended park is sold or transferred or there is any change in
ownership of said premises proposed for the mobile home or trailer
park, then the new owners shall submit to the town a sworn statement
setting forth the nature of the change of ownership, its effective
date as well as a statement that the new owner(s) intend to complete
the mobile home or trailer park in accordance with the initial application
and requirements of this chapter.
[Amended 6-25-2001 by L.L. No. 4-2001]
A. It shall be unlawful for any person to construct,
maintain or operate any existing and approved mobile home park or
trailer park within the limits of the Town of Coeymans unless the
owners, partnership or corporation (he or she or any firm) holds a
valid permit issued annually by the Building Inspector in the name
of such person or persons or firm for the specific mobile home or
trailer park.
B. Application for an annual permit shall be made to
the Town of Coeymans Building Inspector on forms supplied by the town
on or before the first day of June of each year. The annual permit
shall be for a period from the first day of July of each year to the
30th day of June the succeeding year.
C. The annual cost of this permit shall be $10 per mobile
home space and/or trailer space, payable on or before June 30 of each
year.
An electrical service supplying at least 200
amps, 220 volts shall be provided for each mobile home space. Each
trailer space shall be serviced with a minimum of 110 volts. All installations
shall comply with all State and Fire Underwriters Electrical Codes.
Electrical outlets shall be weatherproof. No mobile home park power
line shall be permitted to lie on the ground. Underground utility
installation may be permitted. Each mobile home lot shall be provided
with a State and Fire Underwriters Electrical Code approved disconnecting
device and overcurrent protective equipment.
None of the provisions of this chapter shall
be applicable to the following:
A. The business of mobile home or travel trailer sales.
B. The storage or garaging of mobile homes or travel
trailers not being used for living or sleeping purposes within a building
or structure or to the storage of one unoccupied as the mobile home
or travel trailer on premises occupied as the principal residence
by the owner of such mobile home or travel trailer; provided, however,
that such unoccupied mobile home or travel trailer shall not be parked
or located between the street line and the front building line on
such premises.
C. A mobile home or travel trailer located on the site
of a construction project, survey project or other similar work project
and which is used solely as a field office or work or toolhouse in
connection with such project, provided that such mobile home or travel
trailer is removed from the site within 30 days after the completion
of such project.
D. A sectional or modular house which is prefabricated
in sections or modules, transported to the building site then fastened
together, and placed on a permanent and totally enclosed masonry foundation.
This chapter shall apply to any existing or approved mobile home park or trailer park lawfully in existence on the date of the amendment of this chapter in 1978 but they shall not be required to comply with §
114-2A and
B and the amendments of §§
114-4,
114-5,
114-6,
114-7,
114-8 and
114-9 (formerly Sections 4, 5, 6, 7, 8 and 9 of the ordinance of September 5, 1969) as long as the physical characteristics, configuration, capacity and design remain the same and unless state, county, or town health, safety or sanitary laws or regulations require adherence to higher standards. Unless otherwise stated, mobile home and trailer parks with permits granted under the ordinance of September 5, 1969, shall continue to comply with the terms of that ordinance. The terms of the annual renewal for existing or approved parks are described in §
114-3. Any addition, extensions or enlargements of existing parks shall comply with all the provisions of this chapter. Applications for extensions or enlargements shall be made as provided in §
114-2A and
B. A park operating under any temporary permit shall be maintained and operated in compliance with all the provisions of this chapter except as it has been heretofore excused or a variance granted.
Any person, firm or corporation who willfully
violates any provision of this chapter may, upon conviction, be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each day's failure to comply with any such provision
shall constitute a separate violation. The application of the above
penalty or penalties or the prosecution for a violation of the provisions
of this chapter shall not preclude or prevent the revocation of any
permit.
In any case, where a provision of this chapter
is found to be in conflict with a provision of any ordinance or code
of the Town of Coeymans, County of Albany or the State of New York
existing on the effective date of this chapter, the provisions which
establish the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
[Amended 2-25-2020 by L.L. No. 1-2020]
Where there are practical difficulties, unusual
circumstances or design innovations involved, the Planning Board/Zoning
Board of Appeals may, upon written appeal from any person applying
for an initial mobile home park permit under the terms of this chapter,
grant variances from any of the provisions and regulations of this
chapter relative to design and construction of said mobile home park,
except those regulations related to County or State Health Department
requirements. In considering an appeal, the Board shall be guided
by the circumstances of the situation and the intent of the applicant,
and shall act so as to protect the best interests of the community.
Any annual permit granted under this chapter
may be transferred or assigned, provided that the assignee shall notify
the Town Building Inspector in writing of his complete and proper
name, address and telephone number on or before the date of said assignment.
[Amended 2-25-2020 by L.L. No. 1-2020]
If the Town Planning Board/Zoning Board of Appeals
or Building Inspector, upon inspection, finds that such facility is
not being conducted in accordance with the regulations applicable
to such uses under the provisions of this chapter, the Building Inspector
shall serve upon the holder of such license an order in writing, directing
that the conditions therein specified be corrected starting with five
days after the serving of such order and completed within 30 days
thereof. If after the expiration of such period, such conditions remain
unchanged or are not corrected in accordance with the order of the
Building Inspector, he shall serve notice in writing upon such person
requiring the holder of such license to appear before the Town Planning
Board/Zoning Board of Appeals, at a time and place to be specified
in such notice, and show cause why such license or permit should not
be revoked. The Town Planning Board/Zoning Board of Appeals may have
a hearing and revoke the annual permit and/or the initial permit or
license if the holder of such permit or license has violated any regulations
applicable to such facility or has violated any of the provisions
of this chapter. Upon the revocation of such license or permit, the
premises shall forthwith cease to be used for said purposes and all
occupants shall be removed therefrom. In the event of violation of
any part of the State or County Sanitary Code or regulations, revocation
of a license or a permit will be coordinated with County Health Department
personnel.
In order to maintain the beauty and environmental
balance of the Town of Coeymans, each mobile home park owner shall,
in designing, constructing and maintaining a mobile home park, comply
with and promote each of the following requirements:
A. The general design, construction and maintenance of
the mobile home park shall be architecturally and aesthetically beneficial
and complementary to the Town of Coeymans in general and the abutting
lands.
B. Whenever possible, trees, shrubs, and grass shall
be retained and maintained in their natural state.
C. Each mobile home park shall be designed, constructed
and maintained to ensure optimum conservation, preservation, development
and use of the scenic, aesthetic, wildlife, recreational, historical,
ecological and natural resources of the Town of Coeymans.
D. Each mobile home park and trailer park owner shall
make an optimum effort to comply with each of the aforementioned requirements.