[HISTORY: Adopted by the Town Board of the Town of Caledonia 4-14-1994.
Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Park Regulations of
the Town of Caledonia, County of Livingston, State of New York."
The purpose of this chapter is to regulate mobile home parks, to promote
the health, safety and general welfare of the community and to protect and
preserve the property of the Town of Caledonia, County of Livingston, State
of New York, and its inhabitants.
In its interpretation and application, the provisions of this chapter
are held to be minimum requirements. Whenever the requirements of this chapter
are held in variance with the requirements of any other lawfully adopted rules
and regulations, the one most restrictive or the one that imposes the higher
standard shall govern.
This chapter shall apply to all existing and future mobile home parks.
As used in this chapter, the following terms shall have the meanings
indicated:
Accommodations provided to the public for a fee, which include such
facilities as permanent or temporary structures for living purposes or sites
tailored for handling recreational vehicles of a short-term duration not exceeding
six months per year, recreational activity areas and structures, water sewage
and waste disposal systems meeting Department of Environmental Conservation
and County Health Department standards, off-street parking areas, etc.
Same as "commercial campground," except that it is not intended for
general public use. No fee is charged, and water and sewerage facilities must
meet the same requirements as for residential uses.
A portable structure designed to be transported on its own wheels,
which is used, designed to be used and capable of being used as a detached
single-family residence and which is intended to be occupied as permanent
living quarters containing sleep accommodations, flush toilet, tub or shower,
kitchen facilities and plumbing and electrical connection for attachment of
outside systems. The definition of a "mobile home" includes all additions
used subsequent to the installation of the principal structure. This definition
does include double-wide manufactured homes but does not include modular housing
placed on a standard foundation or travel trailers.
Any site, lot, field or plot, parcel or tract of land upon which
two or more mobile homes are parked or located and for which said premises
and/or the mobile homes thereon are offered to the public or any person for
a fee or service.
It shall be unlawful for any person, firm or corporation to establish,
maintain, operate or conduct within the Town of Caledonia any mobile home
park without obtaining a license as is hereafter provided. It shall be the
owner's or operator's responsibility to see that each home unit is in compliance
with these regulations.
The application for each mobile home park permit shall be in writing
and signed by the applicant. It shall state:
A.
The name and address of the applicant.
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 to be located.
E.
The name and address of the owner or owners of such premises.
F.
The number of park units to be provided in the proposed
park.
G.
Plans. The application shall be accompanied by six sets
of plans. These plans shall include specifications, drawn to scale, showing
the layout of the park, the location, size and arrangement of any park unit
and arrangement of each park unit, location of streets, location of water
services and location of the sewage disposal system or detail of the septic
system and leach fields to be provided. Each park unit shall be separately
numbered as shown upon such plans. Where the applicant is not the owner of
the premises, the application shall also be accompanied by a certified or
photostatic copy of the lease of the premises.
Each application shall be filed with the Town Clerk of the Town of Caledonia,
who shall thereupon transmit the same to the Town Code Enforcement Officer.
Such application shall indicate compliance by the applicant with the minimum
park requirements as established by the rules and regulations of the State
Department of Health and by the Sanitary Code of the State of New York. The
Code Enforcement Officer shall, after investigation, transmit the application
to the Town Board of the Town of Caledonia, together with his written approval
or recommendation pertaining thereto. All such applications, after investigation,
shall be approved or rejected by the Town Board, after which the applications
shall be filed with the Town Clerk and the applicant notified in writing by
the Town Clerk of the action taken thereon. If said application is rejected,
the applicant shall have the right to appear before the Town Board for a hearing.
The Town Clerk of the Town of Caledonia, upon the written application,
upon the approval of the same by the Town Board and upon receipt of the fee
hereinafter provided, shall issue a license to become effective from the date
thereof and to continue in force through the 31st day of December next succeeding
for the use of the premises therein specified as a mobile home park, which
license shall specify the number of park units which may be used in said park.
No license issued pursuant to this chapter is transferable or assignable.
[Amended 8-11-1994 by L.L. No. 4-1994]
The application for a mobile home park shall be accompanied by an investigation
fee as set from time to time by resolution of the Town Board, which shall
cover five park lots plus a sum as set from time to time by resolution of
the Town Board, for each additional park lot. The amount to be paid shall
cover the required investigation and if a license is subsequently issued,
said sum shall be applied on account of license fee. However, in the event
a license is not issued, the investigation fee will be retained by the Town.
Application for the renewal of any mobile home park license issued pursuant
to this chapter must be filed with the Town Clerk on or before the first day
of December next preceding the expiration of said license. The application
shall set forth in detail any fact or facts in variation with any fact or
facts set forth in the original application. The application shall state that
all facts not set forth in the renewal application remain unchanged. The procedure
for obtaining a renewal license shall, in all other respects, be the same
as set forth above for obtaining an original license. Upon approval of said
application for renewal of the license by the Town Board and upon the payment
of the license fee, the Town Clerk shall issue a renewal license, which shall
become effective upon the expiration of the prior license and continue for
a period of one year. Such renewal license shall not be transferred or assigned.
Mobile home parks existing in the Town of Caledonia on the effective date of this chapter will become nonconforming parks and shall not be subject to § 86-13, General regulations, with the exception of Subsections J, K, N, S and T, which deal expressly with state and county health and safety requirements. However, any addition, extension or enlargement of an existing park shall constitute a new mobile home park and shall be subject to all the provisions of this chapter.
A.
Each parcel reserved for the accommodation of any mobile
home shall be not less than 8,000 square feet with a minimum lot width of
60 feet measured at the front setback line.
B.
Only one mobile home and only one utility shed or accessory
building shall be permitted on each parcel.
C.
Mobile homes considered for placement in the Town of
Caledonia shall not be less than 840 square feet as measured by their exterior
floor area dimensions.
D.
Each mobile home lot shall front on an interior roadway.
E.
The minimum setback of every mobile home, or other structure
in a mobile home park, from the nearest public right-of-way shall be 130 feet.
F.
No mobile home, or attachments thereto, shall be located less than 12 feet from each side lot line, 10 feet from the rear lot line and 30 feet from the front lot line. Utility sheds or outbuildings as permitted under Subsection B above shall be located not less than 12 feet from either side lot line, 10 feet from the rear lot line and with a front setback from the park road edge or pavement line of 65 feet minimum.
G.
Every mobile home park with 25 mobile homes or more shall
have a recreational area or open space area for use by the occupants of the
mobile home park. Such areas shall be centrally located as the topography
and design of the park permit. Such areas shall be not less than 400 square
feet per mobile home lot in the park. Such areas do not have to be contiguous.
H.
A landscape plan shall be prepared and carried out which
will assure the Planning Board that an appropriate planting of trees and shrubs
and the installation of recreational facilities will be included in the park
design, including screening where necessary.
I.
All public utilities, electric, gas, cable television
and telephone lines shall be installed underground.
J.
All fuel tanks on the mobile home property used for heating
within a mobile home park shall be installed in accordance with National Fire
Protection Association (NFPA) standards.
K.
Appropriately spaced fire hydrants shall be installed,
or access to water sufficient for fire fighting, as determined by local fire
codes.
L.
The maximum ground area for a utility shed or accessory
building shall be 120 square feet, with a maximum height not to exceed the
height of the mobile home on the same parcel. Such buildings shall not be
used for sleeping or living purposes.
N.
Mobile homes shall have an approved connection to a public
sewer system, when available, or a sewage disposal system as approved by the
Livingston County Health Department and other appropriate agencies as determined
during site plan review. All plumbing installations shall be made in accordance
with the requirements of the New York State Uniform Fire Prevention and Building
Code.
O.
No mobile home shall be located on a mobile home lot
until the roadways, sanitary sewage disposal system, water supply systems
and storm drainage system serving said mobile home lot have been installed
in accordance with the approved development plan for the mobile home park.
P.
No boats, campers, travel trailers, recreational vehicles
or unregistered and unlicensed motor vehicles shall be parked or stored at
any place within a mobile home park except in areas designated and approved
for such storage as part of the site development plan approval.
Q.
Each mobile home lot must have not less than two paved
off-street parking spaces. Such parking spaces shall be connected to the entrance
of the mobile home by a permanent sidewalk having a minimum width of 24 inches.
R.
At least one service building shall be constructed in
each mobile home park which shall be adequate to provide for storage of all
equipment, tools and materials necessary for the maintenance of the park,
and all such equipment, tools and materials shall be stored within said building
when they are not in use.
S.
All mobile homes shall have an electrical connection
approved by the Board of Fire Underwriters.
T.
Mobile homes and attachments thereto shall comply with
the New York State Uniform Fire Prevention and Building Code.
U.
The area between the base of the mobile home and the
ground shall be enclosed with fireproof material, such as metal or aluminum,
unless the mobile home is placed on a block wall foundation or a poured concrete
foundation. This enclosing must be done within 30 days of the placement of
the mobile home on the site.
V.
No enclosure or addition shall be constructed, added
on or attached to the exterior of any mobile home, with the exception of patios,
carports or door porches, which shall not exceed eight feet in width.
No structure, enclosure, addition, vestibule, added room, carport, patio
roof, utility shed, outbuilding or any such building shall be constructed
or placed on the parcel or added to any mobile home without a building permit
first obtained from the Town Code Enforcement Officer. Park owners and/or
operators shall apply for any and all permits. An exception is that winter
vestibules constructed for the winter season and not to remain in place over
six months need no building permit. All of the aforesaid structures and/or
buildings shall be constructed according to the New York State Uniform Fire
Prevention and Building Code.
Plans for all entrances to mobile home parks to public highways shall
be approved by the Livingston County Highway Superintendent and the New York
State Department of Transportation.
A.
Every roadway within a mobile home park shall have a
minimum pavement width of 22 feet for two-way traffic, and a minimum right-of-way
width of 50 feet of a hard and dust-free surface. The one-hundred-foot lot
depth is not to include the right-of-way. If culs-de-sac exist, they shall
have a minimum diameter of 70 feet.
B.
Each roadway shall be named and noted upon signs at each
roadway intersection. Each mobile home lot shall be assigned a permanent number
which shall be noted on the mobile home lot in a location clearly visible
from the roadway.
C.
Appropriate streetlighting shall be installed on interior
roadways with the minimum number of lights being one at each intersection
of interior roadways with each other or with abutting public roads and at
least every 200 feet where such intersections are more than 200 feet apart
and at any curve of less than 135° in the roadway.
D.
Every roadway within a mobile home park shall be maintained
in good repair and shall allow uninhibited travel by occupants of the park
and necessary fire, police, ambulance, public utility maintenance and snow
removal.
The licensee shall, at all times, allow such persons as the Code Enforcement
Officer, Town Board member, Health Department Officer, police and/or any other
authorized person to enter the park to make any inspections as would be in
the best interest of the Town.
[Amended 8-11-1994 by L.L. No. 4-1994]
Any person, firm or corporation who violates any provision of this chapter
shall be subject to a penalty or revocation of the license, or both. The penalty
shall consist of a fine of not more than $250 or imprisonment for a period
of not more than 15 days, or both fine and imprisonment, or of a fine of $500
to be recovered by the Town of Caledonia in a civil action. Each week that
such violation, disobedience, omission, neglect or refusal shall continue
shall be deemed a separate offense.
The Town Board may revoke any license to maintain and operate a park
or camp when the licensee has been found guilty by a court of competent jurisdiction
of violating any provision of this chapter. After the conviction and revocation,
the license may be reissued within six months if the circumstances leading
to the conviction have been remedied and the park or campground is operated
and maintained in full compliance with this chapter and provided that the
license fee is paid.
This chapter does not repeal or impair conditions legally now existing
or permits and licenses previously issued.
The issuance of a license shall not waive compliance with other statutes
or ordinances. The issuance of a license pursuant to the provisions of this
chapter shall not be deemed to waive compliance by the holder thereof, by
the property owner or by an occupant of any mobile home with any statute of
the State of New York or health regulations of the County of Livingston. It
shall be the owner's or operator's responsibility to see that each home unit
is in compliance with this chapter.
