Mobile home parks are subject to the following
regulations:
A. Permits required. No person, partnership, association
or corporation, being the owner or occupant of any land within the
Village of Ballston Spa, shall use or allow the use of such land for
a mobile home park unless special permit has been obtained as herein
provided.
(1) The Zoning Board of Appeals of the Village of Ballston
Spa may issue a special permit to be effective from the day of issuance
until December 31 of that same year or of any future year for a mobile
home park in Zoning District R-2 only if all requirements as stipulated
in this section have been met.
(2) A special permit for a mobile home park will be issued
by the Zoning Board of Appeals when all of the following have been
received:
(a)
A written application from the applicant.
(b)
The required fee as herein provided.
(c)
Approval by the district office of the New York
State Department of Health of the health conditions of the site and
the proposed sanitary provisions in the plan accompanying the application.
(d)
Approval by the Ballston Spa Planning Board.
(e)
A certificate by the Village's Engineer that the plans conform to all standards established for mobile home parks by this chapter and a public hearing has been held as required by Article
XII, §
205-70 of this chapter.
(3) Such special permit shall not be transferable or assignable.
(4) Any person holding a permit for a mobile home park
and desiring to add additional lots to such park shall file a new
application for a permit.
B. Permit renewal.
(1) An application for the renewal of any mobile home
park permit must be filed with the Zoning Board of Appeals before
December 1 preceding the expiration of the permit.
(2) The application for renewal need not be accompanied
by a plan of the park unless changes have been made to it nor is it
necessary that the application be accompanied by a copy of the lease
unless a new lease has been entered into subsequent to the time of
filing the previous application.
(3) Upon their approval, through the same procedures established
for issuing the original permit, the Zoning Board of Appeals may issue
a renewal permit to be effective upon the expiration of the previous
permit and to continue in force for a specified period of one or more
years from the expiration date of the previous permit.
(4) Such renewal permit shall not be transferable or assignable.
C. Permit fees. The applicant shall accompany his/her
application for a permit, supplemental permit or renewal permit with
a fee payable to the Village of Ballston Spa which shall not be returned
unless the application is withdrawn before official action is taken
thereon. Said fee shall be as set forth from time to time by resolution
of the Board of Trustees. In case of such withdrawal, the entire fee shall be returned
by official action of the Village Board of Trustees.
[Amended 5-13-1996 by L.L. No. 1-1996]
D. Application procedure for a special permit.
(1) Each application for a mobile home park permit shall
be in writing and signed by the applicant.
(2) The application and related information shall be filed with the Zoning Board of Appeals of Ballston Spa. At such time the Zoning Board of Appeals shall determine if the application is complete in conformance with the requirements of §
205-45F(1), below.
(3) The Zoning Board of Appeals shall transmit one copy
of the complete application with plans and specifications to the Ballston
Spa Planning Board and one copy of the application with plans and
specifications to the Village's Engineer who shall act in conjunction
with the Building Inspector.
(4) Upon receipt of the complete application and plans
from the Zoning Board of Appeals, the Planning Board shall review
the general arrangement of the mobile home park, the location of streets,
location and arrangement of lots, the location structures within the
park, the location of entrances and exits and the location type and
extent of landscaping and screening materials. The Planning Board
shall return the complete application, together with its written findings,
to the Zoning Board of Appeals within 30 days of receipt of the complete
application. Failure to act within 30 days of receipt of the complete
application shall be deemed approval.
(5) The Village's Engineer shall check the application's
compliance with the minimum standard established by this chapter and
shall submit his/her written findings within 30 days of the receipt
of the copy of the application and plans to the Zoning Board of Appeals.
(6) The Zoning Board of Appeals shall review the findings
of the Planning Board, the Village's Engineer and the Building Inspector
and, by resolution, indicate its approval or disapproval of the application.
One copy of the application, together with the permit if granted,
shall be returned to the applicants who shall be notified, in writing,
of the decision rendered.
E. Submission requirements for a special permit. Each
application shall be in triplicate and shall be accompanied by three
complete sets of plans prepared and stamped by an appropriate licensed
surveyor or professional engineer. The plans shall be drawn to a scale
of no more than 40 feet to one inch, shall include the date, North
point and scale and shall furnish the following information:
(1) Legal data.
(a)
The name and address of the applicant, or the
name and address of each partner if the applicant is a partnership,
or the name and address of each officer and director if the applicant
is an association or corporation.
(b)
The location and description of the land that
is proposed to be used as a mobile home park and its area.
(c)
The number of lots to be provided in such park.
(2) Physical features.
(a)
Contours at two-foot intervals.
(b)
Location of watercourses, marshes and areas
subject to flooding.
(3) Existing development.
(a)
A location map which shows all land and the
respective owners thereof within 300 feet of the proposed park and
which shows all structures on the land which abuts the park.
(b)
The location, names and widths of all adjacent
streets.
(c)
The locations of all waterlines, sewer lines,
gaslines and electric lines within or adjacent to the proposed park.
(4) Proposed development.
(a)
The location and widths of all entrances, exits,
streets and walkways.
(b)
The location, size and arrangement of each lot
within the park.
(c)
The method and plan for electric lighting and
the locations of all outside lighting and all outside electric outlets.
(d)
The location and plan of all proposed structures
and improvements.
(e)
Any proposed grading and plans for landscaping.
(f)
Any proposed stormwater drainage.
(g)
Any proposed utilities and locations and means
of connections to mobile homes at each lot.
(h)
Any proposed public improvements proposed by
the Comprehensive Plan for the Village of Ballston Spa or by the Village
Board of Trustees on or adjacent to the proposed park.
F. Standards.
(1) Site.
(a)
The park shall be located in Zoning District
R-2 and in areas where grades and soil conditions are suitable for
use as a mobile home park.
(b)
The park shall be located on a well-drained
site which is properly graded to ensure rapid drainage and be free
at all times from stagnant pools of water.
(c)
The park shall be at least two acres in size
and have at least a one-hundred-foot frontage on a public street.
(2) Mobile home lots.
(a)
Each mobile home park shall be subdivided and
marked off into mobile home lots.
(b)
The total number of mobile home lots in a mobile
home park shall not exceed eight per gross acre.
(c)
Each mobile home lot shall have a total area
of not less than 4,000 square feet with a minimum dimension of 40
feet.
(3) Mobile homes.
(a)
No mobile home shall be parked or otherwise
located nearer than:
[1]
Twenty-five feet from an adjacent mobile home
in any direction.
[2]
Twenty-five feet from an adjacent property line.
[3]
Sixty feet from the right-of-way line of a public
street or highway.
[4]
Twenty feet from the nearest edge of any roadway
within the park.
(b)
Only one mobile home shall be permitted to occupy
any one mobile home lot.
(4) Mobile home stands. All mobile homes shall be placed
on a support which meets the requirements of the New York State Fire
Prevention and Building Code.
(5) Accessibility.
(a)
Each mobile home park shall be easily accessible
from an existing public street or highway; and each mobile home lot
shall be easily accessible from a private road within the park.
(b)
Where a mobile home park has more than 16 mobile
homes, two points of entry and exits shall be provided, but in no
instance shall the number of entry and exit points exceed four.
[1]
Such entrances and exits shall be designed and
strategically located for the safe and convenient movement into and
out of the park and to minimize friction with the free movement of
traffic on a public street or highway.
[2]
All entrances and exits shall be at right angles
to the existing public street or highway.
[3]
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile
homes attached.
[4]
All entrances and exits shall be free of any
structure or material which would obstruct the visibility of a public
street or highway by the driver of a vehicle entering the street or
highway from the mobile home park.
(c)
Each park shall have paved streets to provide
for the convenient access to all mobile home lots and other important
facilities within the park.
[1]
The street system shall be so designed to permit
the safe and convenient circulation of vehicles within the park.
[2]
Streets shall be adapted to the topography and
shall have suitable alignment and gradient for traffic safety and
proper drainage.
[3]
Streets may curve, but all streets shall intersect
at right angles.
[4]
All streets shall have the following minimum
paved widths:
[a] One-way traffic movement: 12 feet.
[b] Two-way traffic movement: 24 feet.
[5]
Except in cases of emergency, no parking shall
be allowed on such streets.
(d)
A paved driveway at least nine feet in width
or a paved sidewalk at least four feet wide leading from the street
to the intended location of the door (or doors) of the mobile home
shall be provided on each mobile home lot.
(6) Parking.
(a)
One off-street parking space shall be provided
for each mobile home and shall be of similar construction as the mobile
home stand or the paved street and graded to prevent the existence
of puddles of water. Such space shall be conveniently located to the
lot it is to serve and have a minimum width of nine feet and shall
not transgress on any required front yard nor required street area.
(b)
Additional off-street parking spaces shall be
provided at strategic and convenient locations for visitors and for
delivery and service vehicles.
[1]
There shall be one such parking space for each
two mobile home lots within the park.
[2]
Such parking space shall be provided in bays
which shall provide for adequate maneuvering space.
(7) Utilities and service facilities.
(a)
No building or other structure in a mobile home
park, except a sign placed in compliance with the regulations of this
chapter, shall be within 25 feet of a public street or highway.
(b)
The following utilities and service facilities
shall be provided in each mobile home park and shall be in accordance
with the regulations and requirements of the New York State Department
of Health and Sanitary code of New York State.
[1]
All mobile home lots within the park shall be
connected to the Ballston Spa Village water supply, and each mobile
home shall be connected thereto.
[2]
Each mobile home lot shall be provided with
a sewer connection to the Ballston Spa Village sewerage system which
shall be connected to the mobile home situated on the lot to receive
the waste from the shower, tub, flush toilets, lavatory and sink in
such home and in such manner so as not to provide a possible health
hazard. Sewer connections in unoccupied lots shall be properly sealed
to prevent the emission of any odors and the creation of breeding
places for insects.
[3]
Garbage cans with tight fitting covers shall
be provided in quantities to permit the temporary storage of all garbage,
rubbish and recyclables. The cans shall be kept in sanitary condition
at all times and shall be located no further than 200 feet from any
mobile home lot. Garbage and rubbish shall be collected and disposed
of as frequently as necessary to ensure that such cans shall not overflow,
shall not become infested with vermin and shall not emit offensive
odors.
(c)
If laundry facilities are provided, they shall
be at a strategic location for the convenience of the occupants of
the mobile home park. Any such facilities shall be equipped with washing
machines and dryers and shall be housed in a permanent structure which
shall be adequately lighted, heated, ventilated and sanitarily maintained.
(d)
Other service buildings shall be provided as
deemed necessary for the normal operation of the park. Such buildings
shall be maintained by the owner or manager of the park in a clean,
sightly and sanitary condition.
(e)
Each mobile home lot shall be provided with
weatherproof electric service connections and outlets which are of
a type approved by the New York State Board of Fire Underwriters.
(f)
Each mobile home park shall be provided with
one public telephone.
(8) Open space and landscaping.
(a)
Each mobile home park shall provide common open
space for the use of the occupants of the park.
(b)
Such open space shall be conveniently located
in the park and shall have a total area equal to at least 544 square
feet for each mobile home lot.
(c)
Lawn and ground cover shall be provided on those
areas not used for the placement of mobile homes and other buildings,
walkways, streets, parking areas, tennis courts, swimming pools, etc.
(d)
Planting shall be provided to the extent needed
to provide for the screening of objectionable views, for adequate
shade and for a suitable setting for the mobile homes and other facilities.
[1]
Views which shall be screened by planting include
laundry facilities, garbage storage and collection areas, other residential
uses and all abutting yards of adjacent properties.
[2]
Other planting shall be provided along those
areas within the park which front upon existing streets or highways
to obstruct glare and to provide pleasant outlooks for the mobile
homes.
(9) Recordkeeping.
(a)
The owner or operator of each mobile home park
shall keep a written record of all persons occupying or using the
facilities of the park.
(b)
This record shall include:
[1]
The name and address of the occupant of each
mobile home and the dates occupied.
[2]
The name and address of the owner of each mobile
home which is not occupied by such owner.
[3]
The dates the mobile home occupies the lot.