[HISTORY: Adopted by the Clarkson Town Board as indicated in article
histories. Sections 94-4G, 94-9, 94-10, 94-11, 94-14, 94-15A, 94-19 and 94-50
amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Other amendments noted where applicable.]
[Adopted 8-12-1971]
This article shall be known as the "Camping Trailer Park Ordinance of
the Town of Clarkson."
It is the purpose of this article to promote the health, safety and
general welfare of the community and to protect and preserve the property
of the Town of Clarkson and its inhabitants by regulating camping trailer
parks in the Town of Clarkson, Monroe County, New York.
As used in this article, the following terms shall have the meanings
indicated:
A portable unit designed and built to be used for temporary living,
including travel trailers, motorized homes, pickup coaches and camping trailers,
registered and licensed for normal use on the highways of the State of New
York, excluding, however, mobile homes as regulated by the provisions of the
Mobile Home Park Law of the Town of Clarkson.[1]
A parcel of land under single ownership, which has been planned and
improved for the placement of two or more camping trailers for transient residential
use.
Any section, portion, site or plot of a camping trailer park devoted
to the use of the occupants of any individual camping trailer.
Any individual, firm, trust, partnership, association or corporation
involved in the development of a camping trailer park.
The open space that is associated with an individual camping site
on which a camping trailer is placed.
An individual structure on a lot used for the purpose of storage
or a community building used to house laundry and other facilities as may
be required.
The Town Board of the Town of Clarkson.
A.
Sites for camping trailer parks shall comprise at least
10 acres and shall conform to the zoning regulations stated by the Town Board.[1] The area shall be of such character that it may be safely used
for the intended purpose without danger to health and safety from fires, flood
or other menance.
B.
Conformance with health regulations. All sanitary and
health regulations, state and local, shall be met. However, no water or sewage
facilities servicing individual campsites shall be of a nature for year-round
all-weather use. Each park shall, however, provide community service buildings
of a permanent nature to house laundry facilities and other sanitary facilities,
as required by the Planning Board, it being the intent of the Town Board that
use of the premises be of a transient and temporary nature for recreational
purposes only.
C.
Site dimensions. Boundaries of trailer spaces and/or
campsites shall be well-defined and permanently marked. Trailer spaces and
campsites shall meet the following requirements:
D.
Yard provisions. Camping trailers shall be parked in
spaces so that a minimum ten-foot front yard (from road right-of-way) and
a ten-foot rear yard setback is observed.
E.
Parking. Two car parking spaces shall be provided for
each camping trailer site to meet the needs of the occupants of the camping
trailer and their guests without interference with normal movement of traffic.
At least one parking space shall be situated on each camping site, and the
remainder shall be located in adjacent parking bays along the park streets.
Each parking space shall have dimensions of at least 10 feet by 20 feet.
F.
Entrances and streets. Streets shall be provided on the
site where necessary to furnish principal trafficways for convenient access
to the camping sites and other important facilities on the property. All two-way
streets within the camping trailer park shall be not less than 24 feet in
width and all one-way streets not less than 12 feet in width and shall be
adequately lighted for safety of pedestrians and vehicular traffic. Plans
for all entrances and exits for the camping trailer park must be approved
by the Clarkson Planning Board.
H.
Recreation facilities. Recreation areas and facilities,
such as playgrounds, swimming pools and community buildings, shall be provided
to meet the anticipated needs of the clientele the park is designed to serve.
I.
All camping trailers situate on the camping grounds must
be properly registered and licensed for normal use on the highways of the
State of New York, it being the intent of the Town Board to ensure the temporary
and transient use of the camping park.
J.
No camping trailer shall be allowed to occupy a campsite
for a period of more than six months, and each camping trailer park shall
maintain an accurate log showing dates of occupancy and departure and a detailed
description, including license or registration number, of each camping trailer
on the premises, which log shall be available for inspection and examination
by the Building Inspector of the Town of Clarkson at any reasonable hour.
An adequate supply of water must be available to all occupants of camping trailers in the park subject to the provisions of § 94-4B of this article, and the quality must be satisfactory to the Monroe County Health Department.
An adequate and safe sewage system shall be provided in all camping trailer parks, subject to the provisions of § 94-4B of this article, for conveying and disposing of all sewage. Such systems shall be designed, constructed and maintained in accordance with county and state health laws and shall require their approval.
A.
The storage, collection and disposal of refuse in the
camping trailer park shall be so conducted as to create no health hazards,
rodent harborage, insect breeding areas, accidents or fire hazards or air
pollution.
B.
All refuse shall be stored in flytight, watertight, rodentproof
containers, which shall be located not more than 150 feet from any campsite.
Containers shall be provided in sufficient number and capacity to properly
store refuse.
C.
All refuse containing garbage shall be collected at least
twice weekly and disposed of off the premises at a landfill or similar municipal
facility. When suitable collection service is not available from municipal
or private agencies, the camping trailer park operator shall provide this
service. All refuse shall be collected and transported in covered vehicles
or covered containers.
Whenever any camping trailer development is proposed for location of
a camping trailer park, the developer or his authorized agent shall apply
for and secure approval of such proposed camping trailer park in accordance
with the following procedures.
A.
Whenever a camping trailer park is proposed, the developer
shall prepare and submit to the Planning Board five copies of a sketch plan
of the proposed park development. The purpose of this step is to afford the
developer an opportunity to consult early and informally with the Planning
Board in order to save time and money and to make the most of opportunities
for desirable development.
B.
Before preparing a sketch plan, the developer may discuss
with the Planning Board or the Town Engineer the general requirements as to
design of streets, reservations of land, drainage, sewerage, water supply,
fire protection and other improvements, as well as procedural matters. Developers
of land adjoining state or county highways are advised to consult with the
District Engineer of the New York State Department of Transportation or the
County Director of Public Works at the sketch plan stage in order to resolve
problems of street openings or stormwater drainage at the earliest possible
stage in the design process.
C.
The Planning Board shall study the sketch plan in connection
with the topography of the area, existing requirements of the Zoning Ordinance,[2] the Master Plan and the Town Official Map, if any, and shall take
into consideration the general requirements of the Town and surrounding community.
Particular attention shall be given to the suitability of the land for development,
the layout of proposed streets to make sure that adequate provision has been
made for accommodating prospective traffic, provisions for stormwater drainage
and the adequacy of proposed sites for parks, playgrounds and other community
facilities.
D.
Not later than 60 days following the submission of the
sketch plan, the Planning Board shall convey a written report to the developer
containing its conclusions and recommendations concerning the design of the
proposed park. One copy of the sketch plan shall be returned to the developer
with the report; the other copy shall be retained by the Planning Board. Copies
of minutes of the relevant meetings shall be sufficient written reports. If
the developer does not receive such a report after 60 days, he may assume
that the Planning Board has approved the sketch plan.
E.
The sketch plan shall comply with the requirements as
follows:
(1)
The sketch plan shall be drawn on paper or other suitable
material at a standard scale of not more than 200 feet to one inch.
(2)
It shall show the following information:
(a)
The title of the sketch, including the name and address
of the developer.
(b)
The North point, scale and date.
(c)
The boundaries of the tract to be developed, plotted
to scale. If the developer intends to develop the tract in stages, the entire
tract shall nevertheless be included in the sketch plan.
(d)
A topographic survey showing ground contours adjacent
to and within the tract to be developed at intervals of not more than five
feet, and all pertinent topographic and planimetric features within and adjoining
the tract, including existing buildings, watercourses and their one-hundred-year
flood limits, water bodies, swamps, wooded areas and individual large trees.
Features to be retained in the park should be so indicated. (NOTE: Copies
of the topographic maps showing the above information may be obtained through
the Monroe County Planning Council, or enlargements of United States Geological
Survey maps may be used. These maps may require the updating by the developer
inasmuch as Monroe County Planning Council maps have information only as of
1961, while United States Geological Survey maps may be even more dated.)
(e)
The approximate lines of proposed streets, sidewalks,
lots and neighborhood recreation areas or other permanent open space.
(f)
A schematic indication of the proposed system for stormwater
drainage.
(g)
A statement as to the proposed source of water supply
and method of sewage disposal.
(h)
An indication of the zoning of the tract and any other
legal restrictions of use.
(i)
The name or names of the landscape architect and/or licensed
professional engineer and licensed land surveyor responsible for the preparation
of the sketch plan and preliminary information.
A.
A preliminary plat shall be prepared and submitted to
the Planning Board for all proposed camping trailer parks. The preliminary
plat shall comply with the requirements made by the Planning Board in its
report on the sketch plan, if any.
B.
Five copies of the preliminary plat and supplementary
material specified shall be submitted to the Planning Board at least 14 days
prior to the meeting at which it is to be considered.
C.
The Planning Board shall review the preliminary plat
in connection with the recommendations made during the sketch plan stage.
Particular attention shall be given to the suitability of the land for development,
the layout of proposed streets to make sure that adequate provision has been
made for accommodating the prospective traffic, provisions for stormwater
drainage and the adequacy of proposed sites for parks, playgrounds and other
community facilities.
D.
Within 45 days of receipt of the preliminary plat by
the Planning Board, the Planning Board shall hold a public hearing on such
and shall act upon it within 45 days of the hearing. The Planning Board's
action shall be in the form of a written report to the developer stating whether
or not the preliminary plat is conditionally approved. A copy of the appropriate
minutes of the Planning Board shall be a sufficient report. The Planning Board's
report may include recommendations as to desirable revisions to be incorporated
in the final plan. If the preliminary plat is disapproved, the Planning Board's
report shall contain the reasons for such findings. In such case, the Planning
Board may recommend further study of the proposed development and resubmission
of the preliminary layout to the Planning Board after it has been revised
or redesigned.
E.
The preliminary plat shall conform to the following:
(1)
The preliminary plat shall be drawn on one or more sheets
of tracing material not more than 36 inches by 48 inches in size, shall be
clearly marked as a preliminary plat and shall be drawn at a standard scale
of not more than 100 feet to one inch. If more than one sheet is required
to show an entire tract, an index map shall be provided. (NOTE: Many of the
requirements are repetitious of the sketch plan stage but are stated here
for the purpose of classification and continuity.)
(2)
The preliminary plat shall show the following information:
(a)
The title of the drawing, including the name and address
of the developer.
(b)
The North point, scale and date.
(c)
The boundaries of the tract to be developed, plotted
to scale. If the developer intends to develop the tract in stages, the entire
tract shall nevertheless be included in the preliminary plat, with the various
stages of development clearly delineated.
(d)
The names of the owners of adjacent land.
(e)
Existing streets immediately adjoining and within the
tract to be developed.
(f)
Existing drains, waterlines and sanitary sewers nearby
and within the tract to be developed, with their location, size, type and
approximate elevations and gradients, using mean sea level as datum plane.
Also, existing easements for such facilities.
(g)
A topographic survey showing ground contours adjacent
to and within the tract to be developed at intervals of not more than two
feet of elevation, and all pertinent topographic and planimetric features
within and adjoining the tract, including existing buildings, watercourses
and their one-hundred-year flood limits, water bodies, swamps, wooded areas
and individual large trees.
(h)
The approximate lines and gradients of proposed streets
and sidewalks.
(i)
The names of proposed streets.
(j)
The approximate lines of proposed lots, which shall be
numbered.
(k)
The approximate lines and the purpose of proposed easements.
(l)
The approximate locations and dimensions of areas proposed
for neighborhood parks or playgrounds or other permanent open space.
(m)
A statement as to proposed source of water supply and
method of sewage disposal.
(n)
Indications of the zoning of the property to be developed
and any other legal restrictions on its use.
(o)
The location of any municipal boundary lines, existing
special service district lines and zoning district lines within the tract.
(p)
The name or names of the landscape architect and/ or
licensed land surveyor responsible for the preparation of the preliminary
plat and supplementary information.
After receiving conditional approval from the Planning Board on a preliminary
plat, the developer may prepare his final plat and submit it to the Planning
Board for approval, except that, if more than six months has elapsed between
the time of the Planning Board's report on the preliminary plat and submission
of the final plat, and if the Planning Board finds that conditions have changed
significantly in the interim, the Planning Board may require a resubmission
of the preliminary plat for further review and possible revision prior to
accepting the proposed final plat for review. The Planning Board will be guided
in its consideration of the final plat by the following procedures and requirements:
A.
The final plat shall conform substantially to the preliminary
plat that received conditional approval from the Planning Board. It should
incorporate any revisions or other features that may have been required by
the Planning Board at the preliminary plat stage, and all such compliances
shall be clearly indicated by the developer on the appropriate submission.
If the developer wishes to develop the camping trailer park in stages, he
may prepare and submit a final plat for a portion of the area encompassed
by the preliminary plat, provided that the proposed development stages were
indicated on the preliminary plat reviewed by the Planning Board.
B.
Application to the Planning Board for approval of the
final plat shall be filed with the Building Inspector at least 14 days prior
to the meeting at which it is to be considered. Such application shall be
in writing on a standard plat approval form, copies of which can be obtained
from the Town Clerk. Five copies of the proposed final plat shall be submitted
with the application for approval.
C.
The developer shall also submit an agreement to install
all improvements shown upon the final plat in accordance with the standards
and specifications of the Town of Clarkson within one year of the filing of
said map unless such time limit is extended by the Town Board, upon written
application made not less than 30 days prior to the expiration of said period,
to pay the costs of all engineering, legal or inspection services required
by the Town of Clarkson in connection therewith, as approved by the Town Supervisor
within 30 days of receipt.
D.
At the time of filing the application for approval, the
applicant shall pay to the Town Clerk a fee as set forth from time to time
by Town Board resolution for each camping site in a camping trailer park that
will cover part of the cost of reviewing the final plat, publishing notices
and inspecting construction work in the park. A copy of the fee schedule shall
be kept in the office of the Town Clerk. The fee shall be credited to the
Planning Board Town Outside Village Fund when the final plat is filed for
final approval. There shall be a maximum fee that will be established by the
Town Board.
E.
If the application for final approval of the plat is
complete and satisfactory, the Planning Board will schedule a public hearing
within 45 days from the time of submission of the application for approval
of the final plat, provided that, if the Planning Board deems the final plat
to be in substantial agreement with the preliminary plat, the public hearing
requirement at this stage may be waived. For the purpose of these regulations,
the submission date shall be taken as the date of the first regular Planning
Board meeting following by at least 14 days the date when the application
for approval was filed with the Town Building Inspector. The hearing shall
be advertised at least five days before its scheduled date in a newspaper
of general circulation in the Town.
F.
Within 45 days after the time of the hearing on the plat,
or within 45 days of submission if public hearing is waived, the Planning
Board shall approve, modify and approve, or disapprove the camping trailer
park plat. In reviewing the final plat for a camping trailer park, the Planning
Board shall consult with the Town Engineer and such other officials or agencies
as may be appropriate in each case. The Town Engineer shall report to the
Planning Board concerning the adequacy of engineering features shown on the
final plat The action of the Planning Board shall be recorded in the Board's
minutes, and the developer shall be notified of such action through transmittal
of these minutes. In case of disapproval of a proposed final plat, the Planning
Board shall state in these minutes its reasons for disapproval.
G.
After the Planning Board has approved a final plat, the
developer may proceed with the construction of public and private streets,
drains and other improvements as shown on the construction detail sheet. When
such improvements have been completed to the satisfaction of the Town Engineer
and/or the Building Inspector, such official shall issue a written statement
to that effect to the Town Board, the Planning Board, the developer and any
other interested agencies or parties. Upon receipt of such statement, the
Town Clerk shall sign the final plat as evidence that it has been approved
by the Planning Board.
H.
As an alternative to completing the improvements prior
to having the final plat signed by the Town Clerk, the developer may post
with the Town a performance bond or letter of credit secure sufficient to
cover the full cost of the improvements as estimated by the Town Engineer.
(This bond will be required only if the utilities are public improvements
to be dedicated to the Town.) Such bond shall be subject to approval by the
Town Board in accordance with § 277 of the Town Law and shall run
for a term to be fixed by the Town Board. Upon posting of such performance
bond or letter of credit and compliance with all other requirements, the Town
Clerk shall sign and seal the final plat as evidence that it has been approved
by the Planning Board. Within 60 days of said approval, plats shall be filed
in the office of the Monroe County Clerk.
I.
The final plat shall be drawn in ink on tracing cloth
or material equally acceptable for filing with the Town Clerk and shall give
sufficient survey data to determine readily the location, bearing and length
of all lines shown thereon to permit the reproduction of such lines upon the
ground.
J.
The final plat submission shall be composed of three
parts: construction sheet, record sheet and drainage report. They are described
in the following sections.
The final plat construction sheet shall be 20 inches by 20 inches or
20 inches by 40 inches and shall be drawn at a scale of 50 feet to one inch.
Where more than one sheet is required to show the routine development, a key
map shall be provided. The following information shall be shown:
A.
The title of the sheet, including the name and address
of the developer.
B.
The North point, scale and date.
C.
The lines of existing and proposed streets and sidewalks
immediately adjoining and within the camping trailer park.
D.
Identification of existing and proposed streets or section
numbers.
E.
Typical cross sections of proposed public streets.
F.
Profiles of proposed streets to be dedicated to the Town
at suitable vertical scale, showing finished grades in relation to existing
ground elevation.
G.
The layout of proposed lots, including lot numbers and
proposed numbering system for homes, camp units or other buildings that may
be erected on such lots.
H.
The location and size of any existing and proposed sewers
(stormwater or sanitary), water mains and pipes on the property or into which
any connection is proposed.
I.
Provisions for water supply and sewage disposal, and
evidence that such provisions have received approval of the Monroe County
Health Department.
J.
Locations of survey monuments.
K.
Plan and typical cross section of proposed sidewalks
to be dedicated to the Town.
L.
A development plan, including landscaping, for any proposed
neighborhood park or playground within the campground.
M.
Brief specifications, or reference to the Town of Clarkson
Standard Specifications, for all facilities to be constructed or installed
within the tract.
N.
A certification by a licensed professional engineer and
a licensed land surveyor as evidence of professional responsibility for the
preparation of the construction sheet.
Unless the Clarkson Town Clerk specified otherwise, the record sheet
shall be 20 inches by 20 inches or 20 inches by 40 inches in size and shall
be drawn at a scale of 50 feet to one inch. Where more than one sheet is required
to show the entire development, a key map showing all sections shall be provided.
The following information shall be clearly shown:
A.
The title of the sheet, including the name and address
of the developer.
B.
The North point, graphic scale and date.
C.
The boundaries of the camping trailer park and information
to show the location of the development in relation to surrounding property
and streets, including names of owners of adjacent developments. In whatever
manner that is practical, the park boundary shall be referenced from two directions
to established United States Coast and Geodetic Survey monuments or New York
State Plane Coordinate monuments. In the event that such monuments have been
obliterated, the park boundary shall be referenced to the nearest highway
intersections or previously established monuments. Any combination of types
of reference ties may be accepted which would fulfill the requirement of exact
measurements from the park boundary to reference points previously established
for or by public agency.
D.
The lines of existing and proposed streets and sidewalks
within the park, and the lines of existing or approved streets and sidewalks
on adjoining properties.
E.
The names of existing and proposed streets or sections.
G.
The lines and purposes of existing and proposed easements
immediately adjoining and within the camping trailer park.
H.
The lines, dimensions and areas in square feet of all
property which is offered, or is to be offered, for dedication for public
use, with the purpose indicated thereon, and of all property that is proposed
to be reserved by deed covenant for the common use of the clientele of the
campground.
I.
The location of monuments to be placed within the camping
trailer park.
J.
The locations of existing and proposed water supply lines,
storm sewers and sanitary sewers within the park.
K.
The locations of any municipal and zoning boundary lines
within the park.
M.
Certification by a licensed professional engineer and
a licensed land surveyor as evidence of professional responsibility for the
preparation of the record sheet.
N.
Delineation of one-hundred-year flood limits of any natural
watercourse whose said limits extend to the land to be subdivided. Said line
of demarcation shall have a unique indication and shall be clearly labeled
"one-hundred-year flood limits of (name of watercourse)."
The final plat drainage report shall expand upon the report submitted
at the preliminary plat stage and shall present plans and supporting data
for stormwater drainage provisions within the development, including:
A.
Plan, profiles and typical and special cross sections
of proposed stormwater drainage facilities.
B.
The supporting final design data and copies of computations
used as a basis for the design capacities and performance of the drainage
facilities.
C.
The final park grading plan developed to suitable contour
intervals, with grading details to indicate proposed street grades and elevations
and building site grades and elevations throughout the camping trailer park.
The contour interval of the grading plan shall be one, two or five feet (vertical),
the selection to result in a horizontal distance between contour lines of
not more than 100 feet.
D.
All stormwater design shall be in conformance with specifications
currently applicable in the Town.
E.
Evidence that the above provisions for storm drainage
have been approved by the Town Engineer.
A.
Upon final plat approval granted by the Planning Board,
a camping trailer park license shall be granted for the designated lots shown
on the final plat The license shall be renewed annually with fees as set forth
from time to time by Town Board resolution.[1]
B.
Such license shall be valid until January 1 succeeding
the date of issuance of such license and shall be renewed annually thereafter
by the Town Board if approved by it and upon payment of the fee prescribed
in the above subsection.
The Town Board after a public hearing thereon, at which time the licensee
shall have an opportunity to be heard, in its discretion, may revoke or suspend
the permit or license granted under authority of this article for failure
to comply with any of the terms of this article or any law or regulation relating
to camping trailer parks or if said Town Board shall determine that the holder
of the license is an undesirable person or incapable of properly conducting
the business previously licensed.
A.
Every camping trailer park shall be under the direct
management of the owner or licensee or his agent or representative. Such person
or persons must be of good reputation and character and shall operate such
park from an office located on the grounds, in which office shall be maintained
a bound logbook containing a record of the names of all persons accommodated
at the park, their home addresses and the make and serial numbers of their
camping trailers.
B.
It shall be the duty of the licensee of any such park:
(1)
To prohibit the storage of unsightly or combustible materials
or the storage of abandoned vehicles of any kind.
(2)
To provide for cleaning, painting, repairing and maintaining
of all community buildings.
(3)
To provide the camping trailer park with adequate fire
protection consisting of a hydrant or hydrants, fire hose and fire extinguishers
so located that the same shall be immediately available. Such fire equipment
shall be inspected by the Fire Inspector at regular intervals and shall at
all times meet with his approval.
(4)
To take such other measures which shall be deemed necessary
by the Town Board, the Monroe County Health Department and the Building Inspector
to preserve the health, comfort and safety of all persons accommodated in
the park or the general public.
A sales lot or area for the purpose of selling or parking camping trailers
shall be prohibited within the camping trailer park. However, camping trailers
may be sold if set up on specified lots, complete with electrical, sanitary
and water services. The lots shall be landscaped and the camping trailers
shall be suitable for living quarters.
Any person, firm, company or corporation owning, controlling or managing
any structure or lot wherein or whereon there shall be placed anything in
violation of any of the provisions of this article, and any person, firm,
company or corporation who shall omit, neglect or refuse to do any act required
by this article, shall be guilty of an offense punishable by a fine of not
more than $250 or by imprisonment not to exceed 15 days, or both. Each day
that such violation, disobedience, omission, neglect or refusal shall continue
shall be deemed a separate offense. In addition to the remedies hereinbefore
set forth, the Town Board may institute any appropriate action or proceeding
to prevent any violation of the provisions of this article or to compel compliance
therewith.
[Adopted 9-13-1988 by L.L. No. 3-1988]
This article shall be known as the "Mobile Home Park Law of the Town
of Clarkson."
A.
It is the purpose of this article to regulate mobile
homes and mobile home parks within the Town of Clarkson, County of Monroe,
State of New York. It is also the purpose of this article to promote the health,
safety and general welfare of the community and also to protect and preserve
the property of the Town of Clarkson and its inhabitants.
B.
Although this article is created as a separate article,
it shall be a subsection of and subject to the provisions of Local Law No.
1-1973 of the Town of Clarkson, which is the Zoning Chapter of the Clarkson
Code and subject to state and county laws, rules and regulations.
The word usage and other features listed in § 140-2 of the Clarkson Code and the definitions in § 140-3 of the Clarkson Code shall apply to this article, and the following words or phrases, as used in this article, are defined as follows:
The Department of Health, County of Monroe, State of New York.
A single-family detached dwelling unit with any or all the following
characteristics:
Manufactured as a relocatable dwelling unit intended for year-round
occupancy and for installation on a site without a basement or permanent foundation.
Designed to be transported, after manufacture, on its own chassis and
to be connected to utilities after placement on a mobile home stand.
Any similar portable structure mounted or designed for mounting on wheels
and used or intended for use for dwelling purposes, except recreational or
camping-type trailers.
Any lot, piece or parcel of ground upon which one or more mobile
homes that may be used, are designed for use or are capable of being used
as living or sleeping quarters are parked or located and where a charge is
or is not made for such use.
"Mobile home park." Examples of this implied meaning are: "park owner"
means "mobile home park owner," or a "park unit" means a "mobile home park
unit," etc.
The person or persons to whom a mobile home park license is issued.
The "park manager" is the person or persons charged by the "park owner" with
the daily administration of mobile home park affairs. The "park owner/manager"
may be the same person.
Any area of land in a mobile home park clearly delimited by markers
at each of its corners, which shall be designated for and intended for the
purpose of the placement thereon of a mobile home, to be used and occupied
as a mobile home, and any permitted accessory structure incident thereto.
An administrative board created by the Clarkson Town Board, charged
with the responsibilities of review and approval as specified by the various
zoning codes for the Town of Clarkson.
The structure or building to be used as a park office facility.
The Town Board of the Town of Clarkson.
The Town Clerk of the Town of Clarkson, County of Monroe, State of
New York.
See § 140-37.
It shall be unlawful for any person, firm or corporation being the owner
or occupant of any land or premises within the Town of Clarkson to use or
to allow the use of said land or premises as a mobile home park without first
having obtained a license therefor as hereinafter provided.
Every person, firm or corporation hereunder requiring a license to operate
a mobile home park within the Town of Clarkson shall first file an application,
in writing, for such license with the Town Clerk. It shall state:
A.
The name and address of the applicant and the nature
and extent of his interest in the business for which a license is desired.
When the applicant is not the owner of the premises, the application shall
also be accompanied by the original or photostatic copy of the lease of the
premises, and a statement in writing signed by all of the owners consenting
that the premises be used for the purpose of a mobile home park.
B.
The name and address of each partner if the applicant
is a partnership.
C.
The name and address of each officer and director if
the applicant is a corporation.
D.
A complete description of the premises upon which the
proposed park is or is to be located.
E.
The name and address of the owner or owners of such premises
when the applicant is not the owner of the premises.
F.
The number of park units to be provided in the proposed
park.
G.
Such other information as may be required by the Town
Clerk or other proper officers of the Town of Clarkson to assist in the execution
of duties in connection therewith to be performed.
A.
A site plan is required with every application for a mobile home park license. This site plan and all construction and all new uses in each mobile home park or changes in use shall be subject to site plan approval by the Planning Board in accordance with the procedures established in § 140-43 of the Clarkson Code, except that, if the applicant can prove to the Planning Board prior to application for the preliminary site plan approval that the change in use or overall facilities will not be significant, the Planning Board shall have the power to waive the necessity for further site plan review. However, the change that has been determined not to be significant must be entered on the site plan as a change, and the Planning Board shall give final approval for the change by motion.
B.
Aside from the general requirements for site plan reviews,
the following will also be included:
(1)
A complete plan, drawn to scale, showing the layout of
the park, the location, size and arrangement of each park unit, location of
streets, location of water service and fire apparatus, which includes fire
hydrants, location of open areas, sewers, parking spaces and storage areas,
including dumpsters.
(2)
Site utilities, grading, roadway, drainage and erosion
control shall conform to applicable requirements of the Town of Clarkson Design
and Construction Standards for land development.
A.
The applicant shall address the requirements in § 140-24 of the Clarkson Code, Mobile Home District - MH, as well as the requirements of this article.
B.
The applicant shall submit said application and site
plan with fee to the Town Clerk. The Town Clerk will refer the same to the
Planning Board for its review.
A.
The Planning Board shall either approve the application
and site plan as being in compliance with minimum mobile home park requirements
as set out in the rules and regulations of proper administrative state and
local government agencies and the laws of the State of New York and the ordinances
and regulations of the County of Monroe and the Town of Clarkson, or it shall
disapprove said application.
B.
If the same is approved, such approval shall be endorsed
upon the application, and, if disapproved, the application shall be endorsed
accordingly, together with the reason or reasons for such disapproval.
The Town Clerk shall, upon approval by the Planning Board, issue said
license, which shall expire the following December 31. The license shall specify
the number of approved park units and the number of park units which may be
used in said park.
The applicant for a mobile home park license shall, at the time of the issuance of any such license or license renewal and zoning permits, pay to the Town Clerk a fee as established by the Clarkson Town Board by resolution. The zoning permit is also required for the placement or removal of a mobile home and related structures under § 140-38 of the Clarkson Code.
A.
Property used as a mobile home park shall be adequately
drained, of ample size and free from heavy or dense growth of brush or weeds.
The surface shall be properly graded so as to ensure rapid drainage during
and following rainfall and shall at all times be so drained as to be free
from stagnant pools.
B.
The drainage from the mobile home park site should be
handled in such a way that the Town can be assured that there will not be
an increase in the rate of runoff leaving the site. Downstream impacts and
necessary mitigation measures should be considered.
Each mobile home park shall be subdivided into park units and streets
and demarked for such and other usages as may pertain to the proper operation
and functioning of a mobile home park.
A.
The boundary shall be clearly delimited by suitable permanent
markers for reference by the occupant and Zoning Officer. The park license
holder is responsible for prompt replacement of damaged or lost markers.
B.
Each unit shall have conspicuously posted a number, five
inches high minimum, following a consecutive numbering order, according to
the present county standard for street address assignments.
C.
The park unit boundary shall be distant not less than
75 feet from the street line of any public highway.
D.
The park unit boundary shall be located not less than 20 feet or not less than the width of the buffer (see § 94-37), whichever is greater, to the lot line of any adjoining owner.
E.
The park unit shall be occupied by not more than one mobile home or the park service building. (see § 94-45.)
F.
The park unit shall have a boundary on a park street.
G.
Yard requirements:
(1)
No mobile home shall be nearer than 20 feet nor further
than 30 feet to any park unit boundary that is a park street boundary line.
Note that a corner park unit has two or more boundary lines that are park
street boundary lines.
(2)
No mobile home shall be nearer than 13 feet to any other
boundary line of the park unit.
(3)
A structure of reasonable area for a porch and/or storm
entrance may be attached or connected to a mobile home but must not extend
into this required yard by more than seven feet.
H.
The minimum area is 5,000 square feet, with a minimum
width of 50 feet. This width is measured at the park street boundary line.
A.
Each park street shall be well marked in the daytime
and lighted from dusk to daylight.
B.
All entrances and exits from a mobile home park shall
be well marked and so arranged that a traffic hazard will not thus be created.
C.
A sufficient supply of water shall be provided to each
park unit.
D.
Electrical stations will supply each park unit. The electrical
supply will be buried from the electrical station to the mobile home and conform
to all state and local health and safety regulations.
E.
All fuel systems shall be installed and maintained in
accordance with all applicable codes and regulations governing such systems.
F.
The sewer system shall be installed and maintained in
accordance with all applicable codes and regulations governing such systems.
A.
Each park unit shall be provided with a patio with a
minimum width of eight feet (the width being the smaller of two dimensions)
and a total area of at least 160 square feet. The patio shall be constructed
of durable materials such as concrete or patio blocks and shall be so located
as to give access to the mobile home. Specifications for patio construction
shall be included in the site plan.
B.
Entrance steps as needed shall be installed at all doors
leading to the inside of the mobile home. Such steps shall be constructed
of materials intended for permanence, weather resistance and attractiveness
and shall be equipped with handrails which will provide adequate support for
users, the step design to be in accordance with the Building Code.[1]
[1]
Editor's Note: See Ch. 72, Fire Prevention and Building Construction.
C.
All mobile home units shall have enclosed lower skirting
of a permanent, solid, noncombustible material applied in a workmanlike manner
approved by the Zoning Officer.
A.
Park units shall be graded to adequately drain surface
water off the park unit.
B.
The park owner shall provide or shall, by rules and regulations,
require the occupant to provide that all exposed ground area of a park unit
shall be seeded with grass. Bushes or other vegetation may also be planted.
The park owner shall maintain or require that the occupant shall maintain
these in a neat and attractive condition.
C.
The park owner shall also provide that all other areas
of the park and the unoccupied park units be maintained in a neat and attractive
condition.
A.
Auxiliary vehicles prohibited. No travel trailer, camper,
boat or similar auxiliary vehicles shall be stored on any park unit. Off-street
parking spaces on park units shall be used by passenger vehicles only. The
park owner may provide a supplemental parking area for the storage or temporary
parking of auxiliary vehicles.
B.
Additional supplemental parking shall be provided for
visitor or guest parking in small groups and located throughout the park,
conveniently located to the park units they are to serve. The minimum number
of such parking spaces shall be one space for every two park units.
C.
Parking and storage areas are not permitted in the buffer
area and shall be distant not less than 75 feet from the street line of any
public highway.
D.
Park unit accessory building.
(1)
There shall be no exterior storage of materials, toys
or equipment on a park unit. If outside storage is desired on the park unit,
the mobile home park owner shall provide or shall require the occupant to
provide no more than one accessory storage building. Such building shall not
exceed 140 square feet in area and shall be of a standard prefabricated product.
The park owner shall apply for a zoning permit from the Town of Clarkson before
construction of the building, either at the time that the park is developed
or as each site is occupied. No park unit accessory building shall be placed
on the front half of any park unit, and the park owner shall strive to maintain
uniformity in the location of such buildings. For park units with more than
one boundary common with park streets, the location of the accessory building
must be approved on the site plan.
(2)
No other permanent rooms, lean-tos or other structures
for year-round use and occupancy shall be erected, attached or connected with
any mobile home without a zoning permit.
A.
Purpose. The buffer area and screen plantings are to
provide an aesthetically pleasing separation between the mobile home park
and adjacent uses. The screening shall be of a type to provide a year-round
screen.
B.
A buffer area of not less than 20 feet wide along the
extremities of the park and adjacent property lines shall be provided, exclusive
of park units.
C.
The buffer area shall contain natural growth or screen
plantings, or a combination thereof, which shall be effective to height of
at least six feet. The Planning Board shall approve the type, size and density
of the screening so as to accomplish the stated purpose thereof in a reasonable
growth time.
D.
The buffer area shall have no other uses other than a
foot walk or bicycle path. The buffer area shall be maintained in a neat and
attractive condition by the park owner. The park owner shall restrict the
residents of the adjoining park units and others from unauthorized use of
the buffer area.
Any mobile home built before June 15, 1976, shall be anchored by over-the-top
ties, and any mobile home built after June 15, 1976, shall be anchored by
frame ties. The Building Code requirements must be met. In areas of floodplains,
the Flood Damage Prevention Law shall apply.[1]
A mobile home used for living quarters and for sales display purposes,
owned and occupied by an authorized mobile home factory representative, shall
be located on a park unit and in accordance with this article.
A.
Emergency accessway. Any mobile home park with only one
access road shall have one or more accessways, subject to the approval of
the Town of Clarkson Superintendent of Highways, for the use of emergency
vehicles.
B.
Streets. The park street shall be paved and not less
than 20 feet in width and shall not be dedicated.
C.
Pedestrian circulation. Sidewalks and pathways shall
be integrally designed so as to provide safe and convenient access between
the park units, internal recreation, parking and service areas.
Every mobile home park shall provide suitable open or recreational space
available for the use of the residents. As a general rule, the area of such
open space shall be 400 square feet times the total number of park units shown
on the approved site plan for the park, but not less than 5,000 square feet.
The area or areas dedicated for open or recreational space shall be functional
for the intended use and shall be in a location and shape approved by the
Planning Board. The minimum area of an individual open space may be less than
5,000 square feet if the use is deemed functional by the Planning Board. Parking
areas and buffer areas shall not be included in this space or use requirement.
A.
The minimum size of a site shall be five acres. This
applies to the total proposal, including plotted areas, if any.
B.
The project size shall be 10 park units minimum.
C.
The number of new mobile homes to be permitted in the Town will be determined under § 140-24A. For the specific park, this allocation will limit the number of mobile homes in a park until, if ever, there is an increase allocation. The preliminary design capacity of the park may exceed the permitted allocation.
D.
The tract of land for the mobile home park shall abut
a public street or highway. The frontage shall be 150 feet minimum and 300
feet maximum. The frontage shall be measured at the street line.
A.
Only such water supply as approved by the Monroe County
Health Department shall be used in any mobile home park.
B.
All sewage drainage wastes, wastewater and the like shall
conform to the requirements, directions and specifications of the Monroe County
Health Department.
C.
New mobile home parks must be connected to a sanitary
sewer and to the public water supply.
Fire and accident regulations shall be in accordance with the New York
State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 72, Fire Prevention and Building Construction.
The park owner or park license holder of every mobile home park shall
be directly responsible for the management and care of every such park.
A.
Building and record.
(1)
A service building (park office) shall be designated
and located on the park grounds. In such service building (office) shall be
maintained a permanent record, in writing, of all persons occupying or using
the facilities of such mobile home park, which record shall include the following:
(2)
Such record shall be a matter of public record and shall
at all times be available for inspection by any law enforcement officer or
authorized Town officer.
B.
It shall be the duty of the park owner or the park license
holder of every mobile home park to:
(1)
Provide for the timely collection of garbage and all
other waste material.
(2)
Prohibit the placing or storage of unsightly materials
or vehicles of any kind.
(3)
Prevent the committing of any nuisance in the mobile
home park and property adjacent thereto and to report immediately to the proper
authorities all acts of disorderly character committed by any persons inside
the mobile home park and, to that end, to maintain policing thereof.
(4)
Maintain conspicuously posted in a public place on the
premises of the mobile home park a clean and clearly legible copy of this
article.
A.
Prior to the placement, removal, relocation or substitution
of a mobile home, the park owner/manager shall apply for and receive approval
from the Zoning Officer for a zoning permit stating the proposed action. For
placement, relocation or substitution, the zoning permit shall also include
the following conditions:
(1)
The mobile home to be installed must have been constructed
after June 15, 1976.
(2)
The mobile home to be installed must conform to the placement
on the park unit pursuant to the proper setback requirements.
(3)
The mobile home to be installed shall be located on an
approved park unit as noted within the site plan submitted in the license
application.
(4)
The mobile home to be installed will meet all health
and safety regulations regarding the attachment to the various utilities (electric,
gas, water, sewer, etc.)
B.
For all newly placed, relocated or substituted mobile
homes, a certificate of occupancy is required.
A.
This Article shall be enforced by the Zoning Officer
of the Town of Clarkson and/or such other officials as may be designated by
the Town Board.
B.
Said Officer and his representatives shall be authorized
and have the right in the performance of their duties to enter any mobile
home park and make such inspections as are necessary to determine compliance
with this article. Such entrance and inspection shall be accomplished at reasonable
times and in emergencies, whenever necessary to protect the public interest.
Individual mobile homes and individual accessory buildings for mobile homes
may be entered only at reasonable times, with just cause, on an appointment
basis when the tenant is at home, except in emergencies, whenever necessary
to protect the public interest. The park owner/manager shall be responsible
for providing access to all parts of the premises to the enforcement officer
or his agents.
C.
The enforcement officer or his representative shall make
an inspection of each mobile home park as may be necessary, but at least once
each year, investigate all complaints made under this article and, upon detection
of any violation, in addition to any other penalties herein provided, serve
a written notice upon the park owner or his representative as designated on
the license application, directing the park owner to correct the conditions
therein specified within not more than 30 days after the date of delivery
of such order. The order may also contain an outline of remedial action, which,
if taken, will effect compliances.
(1)
Service of the order may be made personally upon the
park owner or such other person as may be designated on the license application
or by registered mail.
(2)
If such violation is not corrected within the period specified in the order or within any written extension of such time, the enforcement officer shall serve a notice, in writing, as provided in Subsection C(1) above, requiring the park owner to appear before the Town Board at a time specified in such notice to show cause at a hearing why the mobile home park license should not be revoked.
Any violation of this article shall be cause for revocation of the mobile
home park license.
Application for the renewal of any mobile home park license issued pursuant
to this article must be filed with the Town Clerk on or before the first day
of December next preceding the expiration of said license. The procedure for
obtaining a renewal license shall, in all respects, be the same as that set
forth above for obtaining an original license. A license holder cannot transfer,
assign nor sell any license issued to him.
Any person, firm or corporation determined to have violated any provision
of this article shall be guilty of a violation and subject to a fine of not
more than $250 or to imprisonment for a period of not more than 15 days, or
both such fine and imprisonment, and, in addition, the violation of this article
or any of the provisions thereof shall subject the person, firm or corporation
violating the same to a civil penalty in the sum of $50. In the event of a
continuous violation of any provision of this article, then each twenty-four-hour
period thereof shall constitute a separate and distinct violation. Said penalty
shall be recovered by the Town of Clarkson in a civil action. The application
of a penalty or penalties or prosecution for a violation of the provisions
of this article shall not bar not prevent the revocation of any license nor
the enforcement of any such provision.
[Amended 5-9-1989 by L.L. No. 2-1989]
A.
Where there are practical difficulties or unnecessary
hardships, the Zoning Board of Appeals may hear and decide appeals from any
order, requirement, decision or determination made by an administrative official
charged with the enforcement of this chapter. Such appeals shall be in accordance
with the provisions of § 267 of the Town Law of the State of New
York.
B.
Nothing herein shall be constructed to give the Zoning
Board of Appeals the authority to vary or modify the requirements of the State
Uniform Fire Prevention and Building Code or other applicable state law regulating
mobile homes.
The provisions herein shall not be applicable to any mobile home stored,
garaged or offered for hire or sale where such mobile home is not being used
or occupied as living or sleeping quarters.
The issuance of a license pursuant to the provisions hereto shall not
operate as a waiver of compliance by the holder thereof, the property owner
or by any resident or occupant of said park in relation to these provisions
or any statute of the State of New York or any other ordinance, local law
or regulation of the County of Monroe or of the Town of Clarkson.
