[HISTORY Adopted by the Town Board of the Town of Hamburg 1-7-1991
by L.L. No. 1-1991. Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Park Law of the Town
of Hamburg."
The purpose of this chapter is to promote the health, safety, protection
and general welfare of the inhabitants of the Town of Hamburg, including those
living in mobile homes, in the following manner:
A.
By the regulation of mobile homes in parks and the requirement
that all mobile home parks be properly licensed in the Town of Hamburg by
the Town Board.
B.
By the requirement that mobile home parks can be established
only in accordance with the plans for the same, as approved by the Town Planning
Board.
C.
By the use of standards and regulations for the design
and operation of mobile home parks.
A.
Word usage. When not inconsistent with the context, words
used in the present tense include the future tense. Plural and singular connotations
are interchangeable. The word "person" includes a firm, partnership or corporation
as well as an individual, whether tenant, owner, lessee, licensee, agent,
heir or assignee. The word "shall" is always mandatory. The word "used" includes
the term "designed or intended to be used."
B.
BUILDING INSPECTOR, CODE ENFORCEMENT OFFICER
DRIVEWAY
FIRE COMPANY
LICENSE
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME STAND
PARK SITE PLAN
PARK STREET
PATIO
TOWN BOARD
TOWN CLERK
TOWN ENGINEER
TOWN PLANNING BOARD
Definitions. For the purposes of this chapter, the following
words shall have the meanings ascribed to them in this section:
The duly appointed Building Inspector, Code Enforcement Officer of
the Town of Hamburg.
A minor private way used by vehicles and pedestrians on a mobile
home park lot. This area may include off-street parking.
The organization, public or private, authorized by the Town of Hamburg
or by state law to provide fire prevention and fire protection services to
any or all areas of the Town of Hamburg.
A written permit or certification issued by the Town of Hamburg permitting
the construction, operation, alteration and extension of an existing or future
mobile home park under the provisions of this chapter.
A manufactured single-family dwelling unit designed for year-around
occupancy and mounted on its own carriage for movement by towing to a mobile
home park lot. This definition does not include vehicles considered camping
trailers.
The space for rent or lease only in any mobile home park which shall
be designed for and assigned to occupancy by one mobile home.
A parcel of land which has been designed and improved for the placement
of mobile homes for nontransient use and cannot be platted and filed as a
subdivision with the Erie County Clerk.
That part of an individual mobile home lot which has been reserved
for the placement of a mobile home, exclusive of appurtenances.
The plan required of an applicant for a license to establish, maintain
and operate a mobile home park in the Town of Hamburg pursuant to the standards
for mobile home parks as enumerated in this chapter. Said plan shall show
in sufficient detail, as required by local reviewing authorities, all of the
required information pertaining to the proposed layout of a premises for a
mobile home park in compliance with this chapter.
A private way which affords the principal means of access to individual
park lots or auxiliary buildings.
A surfaced outdoor living space designed and intended to supplement
the interior mobile home living area on a seasonal, warm-weather basis.
The duly elected Town Board of the Town of Hamburg.
The duly elected Town Clerk of the Town Of Hamburg.
The duly appointed Town Engineer of the Town of Hamburg.
The duly appointed Planning Board of the Town of Hamburg.
A.
A mobile home park license shall expire on the 30th day
of June following the date of issuance but may be renewed, subject to the
provisions of this chapter, for an additional period of one year each. If
the initial license does not coincide with the June 30 date, the fee for said
license for the additional period shall be prorated.
B.
Application for renewal of a mobile home park license
shall be filed with the Town Clerk; and after receiving approval for such
renewal from the Enforcement Officer, the Town Clerk shall issue such renewal
license based on the proper fee as established by the Town Board.
A.
General application and variance.
(1)
Unless otherwise provided in this chapter, the following
standards shall apply to all mobile home parks and their establishment, maintenance
and operation in the Town of Hamburg after the effective date of this chapter.
This includes such times as a license is reissued, unless otherwise provided
for in this chapter.
(2)
An exception to the above subsection may be granted by
the Planning Board where said Board finds that, because of unusual circumstances
of shape of premises, topography of premises or other existing conditions,
extraordinary hardship would result from strict compliance with the following
standards for mobile home parks, in which event said Board may vary the applicability
of said standards so substantial justice may be done and the public interest
may be served. No variance shall be granted which will have the effect of
nullifying the intent or purpose of this chapter or the requirements of the
Erie County Health Department.
B.
Mobile home park site plan. A mobile home park site plan,
prepared by a licensed engineer or licensed land surveyor, shall show:
(1)
The location, boundaries, dimensions and topography of
the tract of land proposed to be used for the mobile home park.
(2)
The number, location and size of all spaces reserved
for independent mobile homes and all service outlets or connections therefor.
(3)
The boundaries of and facilities to be included in recreation
areas.
(4)
The location, size and electric lighting plan for roads,
walks and outdoor areas.
(5)
The location of any proposed structures.
(6)
The location, type and capacity of water supply, distribution
and storage, sewage treatment and disposal and stormwater drainage facilities.
(7)
Plans and specifications for all buildings and other
improvements constructed within the mobile home park.
(8)
Plans for any and all landscaping within and/or on the
perimeter of the mobile home park, exclusive of individual lots.
(9)
Design standards for roads and other infrastructures, which shall be those that are spelled out in § 230-18 (Subdivision Regulations) of the Code of the Town of Hamburg.
(10)
Such other information in such detail as may be reasonably
required by town and county reviewing authorities.
C.
Mobile home park design standards.
(1)
Each mobile home lot shall be at least 55 feet wide and
shall contain a minimum of 6,600 square feet, of which no more than 30% shall
be occupied by the mobile home stand. Each mobile home lot shall abut on a
park street with access to a public highway. Such lots shall be clearly defined
and mobile homes shall be sited on such lots so that no mobile home will be:
(a)
Less than 20 feet from any other mobile home. If a garage
or carport is added, it must be at least five feet from the side yard boundary.
(b)
Less than 100 feet from any public right-of-way. However,
the Planning Board of the town may, for stated reasons, recommend a greater
setback. The minimum setback shall not be used for accessory uses, such as
recreation or vehicular parking. If such setback area is part of the mobile
home park premises, such setback area shall be satisfactorily landscaped as
designated on the mobile home park site plan and shall be maintained in a
mowed condition if appropriate.
(c)
Less than 100 feet from any property line of property
abutting the mobile home park site, except that the Planning Board may permit
a lesser buffer if local conditions so warrant it. Under no circumstances
shall this buffer be less than 50 feet.
(d)
Less than 25 feet from any park street, as measured from
the near edge of the pavement.
(e)
Less than 15 feet from the rear line of any mobile home
park lot.
(2)
Suitable vehicular access shall be provided to each mobile
home park lot. Each park street shall be well marked and continuous and shall
connect with a street or highway at a ninety-degree angle, and at least a
twenty-eight-foot pavement width shall be improved and maintained with an
all-weather hard surface on a suitable base, subject to the approval of the
Town Engineer. All park streets shall be illuminated as per standards required
for residential subdivisions in the Town of Hamburg.
(3)
The driveway shall not be less than 14 feet in width
and shall be improved and maintained with an all-weather hard surface on a
suitable base, subject to the approval of the Town Engineer. The driveway
shall extend a minimum of 20 feet beyond the required twenty-five-foot front
building setback, but in no case shall it extend beyond the mobile home stand.
(4)
An area or areas restricted to recreational use shall
be provided in each mobile home park. A minimum of 10% of the gross land area
shall be made available in one or more places within the park for this use.
The Planning Board of the town may require suitable fencing and landscaping
of such areas for screening purposes. If it is determined that recreation
land is not appropriate, then money in lieu of land shall be provided for
each dwelling unit based on fees established by the Town Board.
D.
Utilities.
(1)
No mobile home park license shall be issued unless and
until the water system thereof is connected to and serviced by a public water
supply distribution system and approved by the Erie County Health Department.
The water system of a mobile home park shall be connected by pipes to each
mobile home stand.
(2)
All plumbing in a mobile home park shall be constructed
and maintained in accordance with standards approved by the Erie County Health
Department and with all applicable state and local laws and regulations.
(3)
All water from showers, tubs, toilets, laundries, faucets,
sinks and lavatories shall be wasted into a public sewer system. Each mobile
home park lot shall be provided with a satisfactory sewer connection approved
by the Erie County Health Department.
(4)
An electric outlet shall be provided for each mobile
home stand. The installation of said outlet shall comply with standards approved
by the American Insurance Association or its successors and with all applicable
state, county and town laws and regulations and be inspected by the New York
Board of Fire Underwriters.
E.
Refuse disposal. The storage, collection and disposal
of refuse in a mobile home park shall be so managed as to create no health
or accident hazards, rodent harborage, insect-breeding areas or pollution
of air or water. All refuse shall be stored in flytight, watertight and rodentproof
containers. Insect- and rodent-control measures to safeguard public health
as recommended by the Erie County Health Department shall be applied in all
mobile home parks. Collection at individual units by a licensed contractor
is recommended.
F.
Fire protection. Each mobile home park area shall be
subject to fire prevention rules and regulations of the Fire Prevention Code
of the Town of Hamburg.[1] Each mobile home shall maintain at least two five-pound ABC fire
extinguishers of approved size and design, or their equivalent, in proper
working order and at least one smoke detector in the area of each bedroom
that is properly mounted.
G.
Management. In each mobile home park, there shall be
an enclosed bulletin board which includes the name, address and telephone
number of the park operator/owner and a copy of the park license.
A.
It shall be unlawful to increase the living or storage
space of any mobile home licensed hereunder without first obtaining a permit
from the Enforcement Officer. This shall not preclude or prohibit the erection
of a storm shelter or seasonal enclosure thereon, provided that a permit is
secured therefor, and provided that storage space is not afforded in the storm
shed. Awnings or canopies may be attached to mobile homes, and an outdoor,
unenclosed patio may be constructed to the rear of the front setback. Canopy
roofs constructed of metal are prohibited.
B.
No occupied mobile home shall be located in a mobile
home park in any area other than upon a mobile home park lot.
C.
Mobile home parks shall at all times be maintained in
a clean and sanitary manner in accordance with the provisions of this chapter
and with any other requirements imposed as a condition of granting a license
or the renewal thereof. Nothing in this chapter shall be construed to abrogate
any of the provisions of the Erie County Health Department or of the Public
Health Law of the State of New York, as the same now provide or as the same
may hereafter be amended. In the event of inconsistencies existing between
the provisions of this chapter and said code or law, said code or law shall
govern.
A.
Before a mobile home park commences operation, the Enforcement
Officer shall make an inspection of the premises to determine that all of
the requirements of this chapter have been complied with before he grants
and issues a certificate of occupancy.
B.
If the Enforcement Officer finds that such mobile home
park is not being maintained in a clean, orderly and sanitary condition or
that such mobile home park is not being operated in accordance with the provisions
of this chapter, he shall serve upon the licensee, his agent or employee an
order, in writing, directing that the conditions therein specified be remedied
within five days after service of such order. If, after the expiration of
said period, such conditions are not corrected in accordance with said order,
the Enforcement Officer shall serve a notice, in writing, upon such mobile
home park licensee requiring the licensee to appear before the Town Justice
of the Town of Hamburg at a time to be specified in such notice and show cause
why such license should not be otherwise revoked. The Town Justice may, after
a hearing at which time the testimony and witnesses of the Enforcement Officer
and the licensee shall be heard, revoke said license if the conditions described
in the original order have not been corrected or if the licensee has violated
or caused to have violated any of the other provisions of this chapter not
so cited in the original order of the Enforcement Officer. Upon the revocation
of such license, the premises affected shall forthwith cease to be used for
the purpose of a mobile home park, and all mobile homes shall be removed therefrom
within a period of time as indicated by the revocation action of the Town
Board at the expense of the mobile home park owner.
Any person who violates any provision of this chapter shall be guilty
of a violation and be subject to such fine as determined by the Town Justice.
The imposition of any penalty for a violation of this chapter shall not excuse
the violation nor permit it to continue.
A.
The Town Clerk and the Enforcement Officer are directed
to maintain one copy of this chapter and all revisions and amendments thereto
in their respective offices where they may be inspected by any interested
person.
B.
It shall be the duty of the Town Clerk to perform all
tasks assigned to him by the provisions of this chapter. Among other duties,
the Town Clerk shall collect, record and turn over to appropriate town officials
all moneys received from license applications, license renewals, permits and
such other certifications as provided for in this chapter or by the Town Board.
C.
Fees for licenses, applications, renewals, permits and
such other authorizations by the Town of Hamburg, as provided for in this
chapter, shall be established by the Town Board by type and amount.
If any section, paragraph, subdivision or provision of this chapter
shall be declared invalid, such invalidity shall apply only to this section,
paragraph, subdivision or provision adjudged invalid, and the rest of this
chapter shall remain valid and effective.
This chapter shall become effective immediately upon its enactment by
the Town Board, after proper filing, including with the offices of the State
Comptroller and the Secretary of State.
