[HISTORY: Adopted by the Town Board of the Town of Marlborough 3-28-1977
by L.L. No. 3-1977 as Ch. 100 of the 1976 Code of the Town of Marlborough.
Amendments noted where applicable.]
[Amended 10-15-1984 by L.L.
No. 4-1984]
This chapter shall be known as the "Regulation of Mobile Homes and Mobile
Home Parks in the Town of Marlborough."
[Amended 10-15-1984 by L.L.
No. 4-1984]
It is the purpose of this chapter to promote the health, safety, morals
and general welfare of the Town of Marlborough by the proper regulation of
mobile homes and mobile home parks. Standards enacted herein for the siting
of mobile homes outside of mobile home parks are designed to assure that such
mobile homes will be compatible in appearance with site-built housing that
has been or may be constructed in adjacent or nearby locations. Such aesthetic
considerations are necessary to protect property values and promote the general
welfare.
[Amended 10-15-1984 by L.L.
No. 4-1984]
As used in this chapter, the following terms shall have the meanings
indicated:
Where specified, traditional site appearance shall be achieved through
the use of exterior siding materials, such as clapboard, shingles and shakes,
which may be fabricated from metal or other synthetic materials manufactured
to closely resemble these traditional siding materials. Such "exterior siding
materials" may include masonry, wood board and batten and textured exterior
plywood, but shall not include artificial masonry or simulated board and batten
made of metal.
A masonry foundation wall extending below the ground surface, supported
by footings extending below the frost line.
That part of the foundation system which supports the exterior wall
of the superstructure; commonly designed as a beam which bears directly on
the column footings or may be self supporting. The "grade beam" is located
at the ground surface and is well-drained below.
Any structure fourteen (14) feet wide or less, adaptable to be moved
by a power connected thereto and so designed as to permit occupancy thereof
for dwelling or sleeping purposes or for the conduct of any business, profession,
occupation or trade or for storage, and provided with any combination of the
following mechanical systems and equipment: plumbing, heating, electrical,
cooking and refrigeration. Such structure has a steel frame attached to the
underside and may or may not have axles and wheels affixed to the frame. Such
"mobile home" or "house trailer" shall be in conformity with the New York
State Code for the Construction of Mobile Homes, March 13, 1974, as amended,
and such certificates of the United States Department of Housing and Urban
Development as may supersede such code.
Any plot of ground upon which two (2) or more mobile homes or house
trailers occupied for dwelling or sleeping purposes or any of the purposes
noted above are located, regardless of whether or not a charge is made for
such accommodations.
Includes a person, partnership, firm, company, corporation, tenant,
owner, lessee or licensee or their agents, heirs or assigns.
Material used to close the vertical space between ground level and
the underside of the exterior perimeter of the mobile home or house trailer.
"Skirting" shall rest on a frost wall and, if made of other than masonry material,
must be recommended by the New York State Manufactured Housing Association
and approved by the Building Inspector.
A.
Every person desiring to establish a mobile home park within the limits of the Town of Marlborough shall first file with the Town Clerk of said town a site plan prepared by a professional engineer or architect licensed in the State of New York showing the exact location of said mobile home park and planned in accordance with § 102-6 hereof and showing all the items required therein. For trailer parks not situated within the confines of public water and sewer systems, private systems must be provided and each site plan shall have the stamp of approval affixed by the Ulster County Department of Health. All plans shall then be submitted to the Town Planning Board for review and shall be approved and signed by the Town Board prior to any work being started for the establishment of a trailer park. For every trailer park so established:
(1)
A space of not less than twenty thousand (20,000) square
feet for each trailer or mobile home to be placed thereon shall be provided.
There shall be a maximum density of two (2) trailers permitted on one (1)
acre [forty-three thousand five hundred sixty (43,560) square feet] of land.
The minimum size of a trailer park shall be ten (10) acres.
(2)
Connections to the park water supply system and general
sewage disposal system shall be provided for each site proposed to be used
for the location of a trailer. Such sites shall be so arranged that no trailer
or accessory structure shall be placed within fifty (50) feet of another trailer
and no trailer or accessory structure shall be nearer to the front line of
the lot than twenty-five (25) feet, nor within twenty-five (25) feet of the
side line, the rear line or the outer right-of-way of an internal road.
(3)
In any trailer park where sites shall be provided adjacent
to a public highway, no trailer, mobile home or accessory structure shall
be placed in any position nearer to the right-of-way of the highway than fifty
(50) feet.
(4)
A roadway leading directly to a public highway shall be provided for each proposed trailer park. All water, sewer and power lines shall be five (5) feet from the outer right-of-way line of the highway leading to and within the trailer park. All such rights-of-way shall be not less than fifty (50) feet in width, and not less than twenty-five (25) feet shall be treated in accordance to Subsection A(9).
(5)
No part of the site used as a space for a trailer location
may be used as any part of the sewage disposal system, nor shall any source
of water supply for trailers be on the trailer location.
(6)
A water supply, where the trailer park is not served
by public water supply, shall be sufficient to provide three hundred (300)
gallons of water daily to each trailer proposed to be located thereon and
must be approved by the Ulster County Department of Health.
(7)
A sewage disposal plant shall be provided, of a capacity
and efficiency approved by the Ulster County Department of Health, to serve
a population of three (3) persons for every trailer site thereon, unless regular
sewer connections are provided.
(8)
Each trailer site shall be provided with one-hundred-ampere,
two-hundred-twenty-volt electrical current of the standard frequency generally
provided in the area.
(10)
Each mobile home park shall have at all times provisions,
other than those in the mobile home or trailer, for bathing and toilet facilities,
a minimum of one (1) bath or shower, one (1) toilet and one (1) lavatory for
each sex for each four (4) trailer sites, connected to the park water supply.
(11)
The toilet and other sanitation facilities for males
and females either shall be in separate buildings or shall be separated, if
in the same building, by a soundproof wall. The sanitation facilities for
males and females shall be distinctly marked to denote the sex for which they
are intended.
(12)
Each trailer site within a trailer park other than area
used for the location of the trailer and a driveway shall be graded and seeded
with a perennial grass and landscaped. At least ten percent (10%) of the total
area of the park shall be set aside for public recreation use.
B.
Any deviation from the submitted site plan resulting
in relocation of trailers or addition of trailers or accessory structures
shall be cause to make a permit void. Applications for revisions to an existing
permit shall be filed with the Town Clerk, reviewed by the Town Planning Board
and presented to the Town Board for approval prior to making these changes.
[Amended 10-15-1984 by L.L.
No. 4-1984; 6-17-1985 by L.L.
No. 2-1985; 8-11-1986 by L.L.
No. 2-1986]
No mobile home or house trailer used or occupied as living or sleeping
quarters may be parked or stored for a time in excess of seventy-two (72)
hours within the Town of Marlborough without first the procuring of a permit
from the Town Clerk and/or the Building Inspector, except as herein provided.
None of the provisions below shall be applicable to any mobile home or house
trailer stored or garaged and not being used or occupied as living or sleeping
quarters. The Town Clerk and/or the Building Inspector shall issue a permit,
as required in this chapter, only upon submission of proof that the mobile
home or house trailer for which the permit is required meets with the following
conditions and standards:
A.
Mobile homes are permitted in the R-Ag-1 Zone. They shall
not be permitted unless they are preexisting in the R District, R-1 District,
HD District, C-1 Commercial District and I Industrial District and can be
replaced only:
B.
Replacement of a mobile home must be completed within
one hundred twenty (120) days of loss of the existing mobile home or be granted
a variance for one hundred twenty (120) days by the Building Inspector for
complicating circumstances.
C.
No mobile home shall be sited and no existing mobile
home shall be moved, altered, added to or enlarged, nor shall any land or
mobile home be designed, used or intended to be used for any purpose or in
any manner other than as specified among the uses hereinafter listed as permitted
in the zone in which such mobile home or land is located.
D.
No permit shall be issued unless the Building Inspector
is satisfied that:
E.
An application fee in an amount as set by resolution
of the Town Board is to be paid upon filing of the application.[1]
F.
A permit will be issued only when it shows that:
(1)
The applicant owns the real property on which the mobile
home is to be located.
(2)
The real property on which the mobile home is located has the same area as is required by Chapter 155, Zoning, for a one-family home in the same zone.
(3)
The approval of a highway entrance has been obtained
from the Highway Superintendent having jurisdiction and a private drive has
been provided on the site plan.
(4)
Setbacks are the same as is required by Chapter 155, Zoning, for a one-family home in the same zone.
(5)
The applicant agrees to place said trailer upon poured
concrete or concrete block piers of sufficient size and number to comply with
the mobile home manufacturer's specifications. The piers shall be erected
upon a footing of poured concrete at a depth below grade to prevent heaving
by frost, and the mobile home shall be fastened to such piers by anchor bolts
or equivalent fastening devices adequate to enable the attached mobile home
to withstand all wind loads in accordance with New York State Uniform Fire
Prevention and Building Construction Code specifications.[2]
(6)
The applicant agrees to construct a landing platform
under the doors of not less than three by five (3 x 5) feet, with permanent
steps, within ninety (90) days after placement on the site.
(8)
The size of the proposed mobile home or house trailer
is shown on the application.
G.
Failure to comply with this subsection shall be cause
for revocation of the permit.
A.
It shall be unlawful for any person to establish, maintain
or operate or permit to be maintained or operated upon any property owned
or controlled by him a mobile home park or a trailer park within the Town
of Marlborough without having first secured a license therefor in compliance
herewith. Such a license shall expire on May 1 following the date of issuance,
but may be renewed under the provisions of this chapter for the additional
period of one (1) year.
B.
[1]The application for such license or renewal thereof shall be filed
with the Town Clerk and shall be accompanied by the fee as provided herein.
The license fee shall be the amount as set by resolution of the Town Board.[2] The first year's annual fee shall be apportioned to the period
of time remaining until May 1 of the following year. Such application shall
include the name and address of the applicant, the nature and extent of his
interest in the business for which a license is desired and whether he is
the owner of the property (if the fee is vested in some person other than
the applicant, a duly verified statement by that person that the applicant
is authorized by him to construct or maintain the trailer park and make the
application) and such a legal description of the premises upon which the trailer
park is located or will be located as will readily identify and definitely
locate the premises. The application shall be verified and shall also state
the number of units in said proposed park and such other information as may
be required. It shall be accompanied by two (2) copies of the park plan, drawn
to scale on a survey map prepared by a professional engineer or architect
duly licensed by the State of New York, showing the following:
(1)
The extent and area used for park purposes.
(2)
Roadways, driveways and walkways.
(3)
The location of sites or units for house trailers.
(4)
The separate location of parking facilities for automobiles
and tow vehicles.
(5)
The location and number of sanitary conveniences, including
toilets, washrooms, laundries and utility rooms.
(6)
The method and plan of sewage disposal.
(7)
The method and plan of refuse disposal or removal.
(8)
The plan for water supply.
(9)
The plan for electrical lighting of units and park roadways
and walkways.
C.
The Town Clerk shall immediately submit said application
and plan to the Town Board, who shall examine the same and inspect the property
and, after holding a public hearing thereon, either approve or disapprove
the application within sixty (60) days.
D.
If the application is granted, the license shall be issued
by the Town Clerk. If the application is disapproved by the Town Board, it
shall be endorsed accordingly, together with the reason for such disapproval.
Any person deeming himself aggrieved by the action of the Town Board may,
within thirty (30) days thereafter, apply to the Town Board for review of
such action. The Town Board may reaffirm, reverse or modify its determination
and may direct the Town Clerk to issue or refuse such license.
A.
In every trailer park or mobile home park there shall
be a building in which shall be located the office of the operator or person
in charge of said park. A copy of the park license and of this chapter shall
be posted therein, and the park register shall at all times be kept in such
office.
B.
It is hereby made the duty of the attendant or person
in charge, together with the licensee, to:
(1)
Keep at all times a register of all guest or mobile home
occupants, which shall be open at all times for inspection by state and federal
officers and officers of the Town of Marlborough, showing for each such house
trailer the following:
(a)
The name and address of each occupant.
(b)
The date of arrival.
(c)
The name of the owner of the mobile home.
(d)
The make of the mobile home.
(e)
The state of registry of the mobile home.
(f)
The registration number of the mobile home.
(g)
The year of issue of the registration and, in addition,
for each mobile home being propelled by an automobile or vehicle to which
it may be attached, the following:
(h)
The number of occupants for which the mobile home is
designed.
(2)
Maintain the park in a clean, orderly and sanitary condition
at all times.
(3)
See that the provisions of this chapter are complied
with and enforced and report promptly any communicable diseases in the park
to the Ulster County Department of Health.
(4)
Prohibit the use of any mobile home by a number of occupants
greater than that which it is designed to accommodate.
(5)
Prohibit the use of the park by more mobile homes than
the park is licensed to accommodate.
(6)
If the water is supplied from a private well or source
other than a public water supply, display evidence that the water supply system
has been inspected and approved by the Ulster County Department of Health
within the preceding twelve (12) months.
Before the trailer park or mobile home park commences operations and
at least semiannually thereafter, the Town Board, through the Town Clerk and/or
the Building Inspector, shall make an inspection of the premises to determine
that all requirements of this chapter have been and are being complied with.
None of the provisions of this chapter shall be construed as granting
vested interest to anyone licensed under this chapter, and the Town Board
hereby reserves the right to withdraw all permissions and to revoke all licenses
granted under this chapter.
This chapter shall apply to all existing mobile home parks in the Town
of Marlborough on the date of its adoption, except that holders of mobile
home park permits issued prior to December 28, 1970, shall make application
to the Planning Board for any proposed changes.
Mobile homes used in farm labor camps, as defined in the State of New York Sanitary Code and licensed by the Health Commissioner having jurisdiction over labor camps located in the Town of Marlborough, shall be exempt from the provisions of this chapter, except for the setback provisions as set forth in § 102-4A hereof, provided that the farm laborers shall live in said premises free of all rent or expense other than heat or light. This exemption shall apply only upon the farm operator displaying annually to the Town Clerk and/or the Building Inspector the permit granted by the Health Commissioner of Ulster County having jurisdiction over such farm labor camps.
Nothing herein contained shall be construed to abrogate any provisions
of the Sanitary Code of the State of New York or of the County of Ulster as
the same now provides or may hereafter be amended to provide. ln the event
of inconsistencies existing between the provisions of this chapter and said
code or codes, said code or codes shall govern.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen
(15) days, or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
