A.
It has been determined by the Town Board that there are many persons
who presently reside in the Town of Brookhaven and others who, in
the coming years, will move to the Town and require and desire housing
accommodations of certain size and cost that are not now being constructed
for their needs.
B.
It has further been determined by the Town Board that mobile home
living has proved to be a partial solution of the problem of housing
young married and elderly couples who cannot afford or are not otherwise
able to own a conventional single-family house and who seek a viable
alternative to apartment living.
C.
The Town Board has also deemed that elsewhere, throughout the nation
and New York State, mobile home living has best been achieved when
mobile homes are placed in well-planned, strictly regulated and maintained
mobile home communities.
D.
It appears to the Town Board that such mobile home communities are
desirable when they are organized, planned, designed, constructed
and maintained to serve the needs of the persons whose financial means
may be limited but who desire to reside in the Town of Brookhaven
in a suitable residential environment. However, if mobile home communities
are not properly organized, planned, designed, constructed and maintained
in a satisfactory manner, with respect to adequate room, light, air,
recreational and other facilities, the presence and occupancy of mobile
homes may adversely affect the health, safety and general welfare
of the occupants and the surrounding community. Thus, the Town Board
deems it imperative that it ensure that any mobile home community
conform to the safeguard provisions set forth below.
In the Mobile Home Community District, no building, structure
or premises shall be used or occupied and no building or part thereof
or other structure shall be erected or altered, unless otherwise provided
in this article, except for the following uses:
A.
Residential accommodations in a mobile home for a family for a period
of not less than 60 days.
B.
Recreational and cultural facilities for the sole use of residents
of the community and their guests, which may include but are not limited
to the following: lakes, golf courses, picnic grounds, sitting areas,
group game areas and swimming pools.
C.
Accessory uses. Necessary accessory buildings and uses, including
facilities for maintenance, administration, sales offices, model buildings,
gatehouses, off-street parking, storage facilities, laundry facilities
and those facilities necessary to the operation of utility systems
serving the community.
A.
Minimum-maximum site area. The minimum site area shall be 50 acres,
except that areas under 50 acres in size may be added to a mobile
home community if contiguous thereto. The overall site may be developed
sectionally, provided that each section being proposed for development
is designed to contain at least 75 mobile homes. The maximum site
area shall be 100 acres.
B.
Density. There shall be a maximum of six mobile home units per gross
acre.
C.
Spacing. There shall be at least 20 feet between any mobile home
and covered or walled structure in a mobile home lot and any other
mobile home, street or common area set aside for usage of mobile home
community occupants. No part of any open patio shall be located in
any front yard of a mobile home lot or nearer than five feet to any
side or rear mobile home lot line.
D.
Occupancy. No mobile home shall be occupied unless it is properly
placed on a mobile home stand and connected to water, sewerage and
electrical facilities. No mobile home lot shall be rented for a period
of less than 60 days.
E.
Perimeter buffering. No part of any mobile home lot, accessory building,
recreation area, vehicular roadway or parking area shall be within
50 feet of the front, rear or side property line. The fifty-foot buffer
area shall be tree and shrub planted, if barren, or left in a natural
wooded state. The mobile home community boundary shall be opaque-fenced
or suitably screened with dense vegetation, as required at the discretion
of the Planning Board.
F.
Mobile home stand. Each mobile home lot shall be provided with a
mobile home stand of impenetrable material capable of providing adequate
support for the placement and tie-down of the mobile home. The mobile
home stand shall not heave, shift or settle unevenly under the weight
of the mobile home due to frost action, drainage, vibration or other
forces acting on the structure during all seasons. Anchors or tie-downs,
if provided, shall be placed at least at each corner of the mobile
home stand, and each device shall be capable of sustaining the load
placed upon it.
G.
Skirts. Each mobile home owner shall, within 30 days after arrival
in the mobile home community, enclose or skirt the bottom portion
of the mobile home with either a concrete block, ornamental stone,
metal, wood or skirt of other material which shall be properly ventilated
and be substantially opaque so that the underpinnings of the mobile
home are not easily visible. Such skirt shall assure visual appeal
and be maintained in a satisfactory manner.
H.
Parking. Two off-street spaces per mobile home lot are required,
at least one of which shall be within 100 feet of the mobile home
stand and the other not further than 200 feet away. Group off-street
parking is allowed under these regulations. Each off-street parking
space shall measure not less than 10 feet in width by 20 feet in depth.
No on-street parking shall be permitted. Accessory camper vehicles,
travel trailers, boats and other recreation-type vehicles shall be
stored in screened, central storage areas. They shall not be placed
on individual mobile home lots.
I.
Streets. The internal street system in a mobile home community shall
be privately owned, constructed and maintained and shall be designed
and maintained for safe and convenient access to all spaces and facilities
intended for use by community occupants. Alignment and gradient shall
be adapted to the topography, to safe movement of the anticipated
traffic and to satisfactory control of surface water and groundwater.
All streets shall be provided with a smooth, hard, dense surface which
shall be durable and well-drained under normal use and weather conditions
and shall meet the approval of the Town Highway Department. All common
streets, driveways and vehicular accessways shall be paved and curbed
to prevent raveling of the wearing surface and shifting of the pavement
base. All streets shall be paved for a width of at least 24 feet.
J.
Walks.
K.
Outdoor living area. Each mobile home lot shall be provided with
an outdoor living area of not less than 450 square feet, of which
not less than 150 square feet, with at least a dimension of 10 feet
in width, shall be a paved or hard-surfaced patio. Such outdoor living
area may be fenced, shrub-planted or otherwise suitably screened to
ensure reasonable privacy and visual appeal and shall be maintained
in a satisfactory manner.
L.
Service building. Each mobile home community shall contain at least
one service building which shall house management offices, in addition
to such facilities as are permitted or required in this article. The
management office shall maintain a register containing the names and
lot locations of all community occupants. Such register shall be made
available to any authorized person inspecting the community.
M.
No commercial uses. No commercial uses shall be permitted in a Mobile
Home Community District, except that coin-operated laundry machines
and customary coin-operated food, cigarette and other related machines
may be provided in a service building.
N.
Standard construction. All mobile homes shall be built to American
National Standards Institute standards and shall bear an ANSI Standard
A119.1 factory seal to that effect.
O.
Storage. A fully enclosed storage shed not more than 80 square feet
in area may be provided on each mobile home lot and shall be so constructed
as to blend aesthetically with the mobile home and surrounding area.
In lieu of or in addition to this storage shed, a service building
or buildings may be provided in the mobile home community for storage
purposes.
A.
Soil and ground cover. Condition of soil, groundwater level, drainage
and topography shall not create hazards to the property or the health
and safety of the occupants, pursuant to the Code of the Town of Brookhaven.
The site shall not be exposed to objectionable smoke, noise, odors
or other adverse influences, and no portion shall be subject to flooding
or excessive settling or erosion. Exposed ground surfaces in all parts
of any mobile home community shall be paved, surfaced with crushed
stone or other solid material or protected with grass or other vegetative
material capable of preventing erosion and of eliminating objectionable
dust. Landscaping in a mobile home community shall be maintained in
a suitable condition at all times. Each mobile home lot shall be provided
with at least one shade tree of no less than two inches' caliper as
measured one foot above the ground. No substantially opaque hedgerow
or other densely grown shrubbery along any lot line shall exceed a
height of 2 1/2 feet.
B.
Mobile home lots shall be arranged to take advantage of terrain and
natural features and to promote optimum overall design and livability.
All carports, awnings, skirtings and storage sheds shall, by virtue
of material and color, blend with the general motif of the mobile
home community as designed by the developer and maintained by the
licensee. It shall be the duty of the licensee to enforce this provision.
Site plan review and approval is required, and a public hearing
shall be required in connection with said site plan review.
A.
A building permit shall be secured and construction begun in accordance
with the final site development plan for the sections involved within
one year from the effective date of final approval thereof by the
Planning Board. Application may be made to the Planning Board for
not more than a one-year extension of time limit for commencement
of construction. In the event that construction is not started within
the specified time limits, the Planning Board shall review the zoning
and the progress which has taken place and, if deemed necessary, initiate
proceedings to reclassify the property in a manner consistent with
the Zoning Map.
B.
All construction authorized in the final development plan approved
by the Planning Board with respect to any section must be completed
as to that section within two years of the date construction is commenced.
Application may be made to the Planning Board for not more than a
one-year extension of time limit for completion of construction. A
plan for stated development which will require more time than the
limits contained herein may be approved by the Planning Board prior
to or during the course of construction. In the event that construction
is not completed within the time limits so specified by the Planning
Board, the Planning Board shall review the zoning and the development
which has taken place and, if deemed necessary, initiate proceedings
to reclassify the property in a manner consistent with the Zoning
Map.
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
Said fee has been established by Town Board resolution.
