[HISTORY: Adopted by the Town Board of the
Town of Southampton 12-8-1992 by L.L. No. 49-1992. Amendments noted
where applicable.]
This chapter shall be known as the "Manufactured
Home Community Operator's License Law."
It is the purpose of this chapter to promote
the health, safety and general welfare of all the residents of the
Town of Southampton, including those living in manufactured home communities,
in the following manner:
As used in this chapter, the following terms
shall have the meanings indicated:
A structure transportable in one or more sections that, in
the traveling mode, is eight feet (2,438 mm) or more in width or 40
feet (12,192 mm) or more in length or, when erected on site, is 320
square feet (29.7 m2) minimum, and that was built on or after June
15, 1976, on permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required
utilities and includes the plumbing, heating, air conditioning and
electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all of the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the Federal Department of Housing and Urban Development and complies
with the standards established under the National Manufactured Housing
Construction and Safety Act of 1974 as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle, nor
a travel trailer designed for temporary dwelling use.
[Amended 3-11-2003 by L.L. No. 25-2003]
A parcel of land under single ownership, planned and improved
for the placement of two or more manufactured homes as dwelling units.
A person or entity engaged in the business of running, operating
or conducting the business of a manufactured home community.
The authorization issued by the Town Board under the provisions
of this chapter to a person or entity to operate a manufactured home
community.
Construction which is required for the installation of a
manufactured home, including the construction of the foundation system,
required structural connections thereto and the installation of on-site
water, gas, electrical and sewer systems and connections thereto which
are necessary for the normal operation of the manufactured home.
[Added 3-11-2003 by L.L. No. 25-2003]
A designated site of specific land area, located within the
manufactured home community for the exclusive use of a single manufactured
home and its occupants.
The Manufactured Home Construction and Safety Standards as
promulgated by the United States Department of Housing and Urban Development.
[Added 3-11-2003 by L.L. No. 25-2003]
A movable or portable dwelling unit that was built prior
to June 15, 1976, with or without a label certifying compliance with
NFPA, ANSI or a specific state standard, and that was designed and
constructed to be towed on its own chassis comprising frame and wheels
connected to utilities; and designed and constructed without a permanent
foundation for year-round living, excluding travel trailers.
[Added 3-11-2003 by L.L. No. 25-2003]
A.
It shall be unlawful for any person or entity to engage
in the business of operating a manufactured home community within
the Town of Southampton without first obtaining a manufactured home
community operator's license, unless the operator has an application
pending for a license under the provisions of this chapter and has
not been denied a license in the past or had a previously issued license
revoked.
B.
In no event will the failure of an operator to obtain
a license under this section affect the rights of the residents in
the manufactured home community to continue the use and occupancy
of their premises.
[Amended 6-27-2006 by L.L. No. 33-2006]
A.
Applicants for a license under this chapter must file
a sworn application, on a form to be furnished by the Public Safety
Administrator, which shall include the following:
(1)
The name, address and telephone number of the applicant.
(2)
A statement as to whether the applicant has previously
applied for a manufactured home community operator's license pursuant
to this chapter and, if so, whether the subject application is being
submitted to renew a previously issued license.
(3)
The location, including the Suffolk County Tax Map
number, of the premises upon which the applicant proposes to operate
a manufactured home community.
(4)
The name, address and telephone number of the owner
of the premises upon which the manufactured home community is located,
if different from the applicant.
(5)
A statement as to whether the applicant has ever been
convicted of a felony, misdemeanor or the violation of any municipal
ordinance, excluding traffic violations, and, if so, the date, court,
provision of law violated and sentence of the court.
(6)
A statement as to whether the applicant has ever been
previously licensed as a manufactured home community operator and,
if so, whether any previous license was ever revoked and stating the
date and giving the reasons therefor.
(7)
A statement as to the experience of the applicant
in operating a manufactured home community.
(8)
A statement by the applicant that he or she has read
the provisions of this chapter and is familiar with its contents.
(9)
A copy of the latest annual registration statement
filed with the State Commissioner of Housing and Community Renewal
pursuant to § 233 of the New York State Real Property Law.
B.
The fee for a manufactured home community operator's
license application shall be in an amount to be established, and changed
as needed, by resolution of the Southampton Town Board.
[Amended 9-14-2010 by L.L. No. 29-2010]
[Amended 6-27-2006 by L.L. No. 33-2006]
A.
Completed applications shall be submitted to the Public
Safety Administrator, who shall inspect the site that the applicant
proposes to operate or to continue operating and issue a report to
the Town Board within 30 days, recommending the approval, disapproval
or approval with conditions of the issuance of a license to the applicant.
The report by the Public Safety Administrator shall take into consideration
the results of the on-site inspection and any information contained
within the files of the Public Safety Administrator relevant to the
applicant as a manufactured home community operator.
B.
The Town Board may issue a new license or renew a
previously issued license upon review of the application and the report
and recommendation of the Public Safety Administrator, or the Town
Board may schedule a public hearing upon the application. At least
10 days' notice of the time and place of such hearing shall be published
in the official newspaper of the Town as designated by the Town Board,
and the Town Clerk shall also post said notice on the official signboard
of the Town. The applicant shall also post written notice, at least
10 days before the hearing, at the entrance of the manufactured home
community which the applicant proposes to operate. Following a duly
noticed public hearing, the Town Board may either approve, approve
with conditions or deny the application. Where the Town Board denies
an application for a license or the renewal of a license, the reasons
of said denial shall be stated, in writing, and provided to the applicant.
A license issued pursuant to this chapter shall
be valid for one year.
[Amended 6-27-2006 by L.L. No. 33-2006]
A.
The Town Board may, upon a report and recommendation
from the Public Safety Administrator, revoke a manufactured home community
operator's license, after a public hearing, for any of the following
causes:
B.
Where a hearing is held pursuant to this section,
the licensee shall be notified that a hearing will be held before
the Town Board to consider the revocation of the license. Said notice
shall specify the ground or grounds for revocation which will be the
subject of the hearing. Said notice shall be in writing and shall
be served either personally or by certified mail, return receipt requested,
at least 10 days prior to the date of the hearing.
[Amended 3-11-2003 by L.L. No. 25-2003]
Manufactured home communities operated by a
licensed manufactured home community operator must meet the following
minimum standards:
A.
Water supply system. Every manufactured home community
and manufactured home lot therein shall be connected to a public water
supply system or a community water system meeting the requirements
of the Suffolk County Department of Health Services.
B.
Wastewater disposal system. An adequate and safe system
of wastewater disposal serving each manufactured home lot shall be
provided and maintained in accordance with the regulations of the
Suffolk County Department of Health Services.
C.
Electric power supply system. An electric power supply
system shall be provided to each manufactured home in accordance with
the applicable codes and regulations governing such systems.
D.
Fuel supply and storage systems. When provided by
the licensee, natural gas and liquefied petroleum gas, kerosene, fuel
oil and any other liquid fuel piping, supply and storage systems shall
be maintained under safe operating conditions in conformity with the
authority having jurisdiction for such systems.
E.
Solid waste collection and disposal. In manufactured
home communities where solid waste collection is not made at each
manufactured home site, the respective licensee shall ensure the provision
of one or more conveniently located solid waste collection and recycling
facilities to require source separation in compliance with Town Code
provisions on recycling. Solid waste storage and collection and recycling
facilities shall be maintained in a sanitary condition to prevent
health hazards, access to rodents, insect breeding and accidents.
(1)
Solid waste shall be collected as frequently as necessary
to prevent storage outside of covered containers.
(2)
Individual solid waste or recyclables containers,
where provided or contained on each manufactured home lot, shall be
screened from view from access roadways and public highways except
on the days of collection.
F.
Drainage. Where access roadways contain drainage facilities,
such drainage shall prevent runoff onto adjacent property, manufactured
home sites and public highways.
G.
Storage. There shall be no open storage or dumping
of sand, soil, brush, tree limbs, stumps, grass cuttings or other
landscape debris, except for material temporarily collected for removal.
There shall be no open storage of any parts or components for any
home or vehicle in any common area or manufactured home site, except
those to be immediately used for repair work. There shall be no open
storage of any unlicensed or unregistered vehicle, except in designated
and enclosed areas. (Manufactured homes are not considered to be vehicles.)
H.
Maintenance. All common area lawn, trees, landscaping
and shrubbery shall be maintained to provide for sufficient visibility
on the manufactured home community roadway systems and so as not to
endanger individual manufactured homes or residents thereof. The internal
road system of each manufactured home community shall be properly
maintained to be, among other things, free of more than two inches
of snow, potholes and significant flooding.
I.
Lighting. All manufactured home community roads and
accessways shall be kept well-lighted at all times. No section of
a community roadway shall be dark or shaded from roadway lighting.
All sidewalks and manufactured home site driveways shall be sufficiently
lighted to be visible and safely walked upon during night hours, No
roadway or other lighting shall shine directly on adjacent noncommunity
property.
J.
Crawl space. A minimum clearance of 12 inches (305
mm) shall be maintained beneath the lowest member of the floor support
framing system. Clearances from the bottom of wood floor joists or
perimeter joists shall be as specified in § R323.1 of the
Residential Code of the State of New York. Crawl spaces shall be ventilated
with openings as specified in § R408 of the Residential
Code of the State of New York. If combustion air for one or more heat-producing
appliances is taken from within the underfloor spaces, ventilation
shall be adequate for proper appliance operation. Crawl space access
openings shall be provided. Such openings shall be not less than 18
inches (457 mm) in any dimension and not less than three square feet
(0.279 m2) in area and shall be located so that any water supply and
sewer drain connections located under the manufactured home are accessible.
K.
Setback requirements.
(1)
There shall be a minimum distance of 20 feet from
the nearest point of a manufactured home and the property line separating
the manufactured home community from any abutting parcel.
(2)
There shall be a minimum of 20 feet from the nearest
point of a manufactured home to any public highway.
(3)
There shall be a minimum distance of 15 feet between
any two manufactured homes within a manufactured home community.
(4)
There shall be a minimum distance of 10 feet between
any two buildings on a single manufactured home site.
L.
The lawful occupancy of a manufactured home which does not meet the requirements of Subsections J and K of this section at the time of the effective date of this chapter may be continued in the manufactured home upon the manufactured home site so occupied until the location of such manufactured home is changed.
M.
Skirting and permanent perimeter enclosures. Skirting,
when installed, shall be of material suitable for exterior exposure
and contact with the ground. Permanent perimeter enclosures shall
be constructed of materials as required by this Code for regular foundation
construction. Skirting shall be installed in accordance with the installation
instructions included in the consumer manual provided by the manufacturer.
Skirting shall be adequately secured to assure stability, to minimize
vibration and susceptibility to wind damage, and to compensate for
possible frost heave.
Where the Town Board finds that carrying out
the strict letter of this chapter would cause a practical difficulty
or unnecessary hardship, the Board may, upon petition of a licensee,
grant that licensee a variance to the provisions contained herein.
Such variance shall be subject to such conditions and safeguards that
the Board determines would provide the minimum relief necessary, maintain
the spirit and intent of this chapter and not impair the general health
and welfare of the residents of the manufactured home community and
the neighboring community.
[Amended 6-27-2006 by L.L. No. 33-2006]
It shall be the duty of the Public Safety Administrator
to administer and enforce the provisions of this chapter.
[Amended 6-27-2006 by L.L. No. 33-2006]
A.
Every licensee or applicant for a license has the
right to inspect, review or receive copies of the records pertaining
to a manufactured home community during the regular hours of business
at the office of the Public Safety Administrator pursuant to the Freedom
of Information Law.[1]
[1]
Editor's Note: See Article 6 of the Public
Officers Law.
B.
In an instance where it is believed that the records
of the Public Safety Administrator contain incorrect or incomplete
information, a written notice may be given to the Public Safety Administrator
of the correct or missing information, and said notice shall be incorporated
into the files maintained by the Public Safety Administrator.
A.
Where a violation of this chapter has been committed
or shall exist, the operator of the manufactured home community shall
be guilty of a violation of this chapter.
B.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 30 days, or both. Each week's continued
violation shall constitute a separate additional violation.
