[HISTORY: Adopted by the Town Board of the Town of Forestburgh 5-11-1978
by L.L. No. 2-1978 as Ch. 81 of the 1978 Code. Amendments noted where applicable.]
It is the purpose of this chapter to regulate the maintenance of house
trailers and house-trailer courts within the Town of Forestburgh and to prescribe
regulations for said courts, to regulate the parking and location of house
trailers outside said courts within the Town of Forestburgh and to require
that house-trailer courts within the Town of Forestburgh be laid out and constructed
in accordance with approved plans.
As used in this chapter, the following terms shall have the meanings
indicated:
The lot or space in any court which shall be assigned to or used
and occupied by any one house trailer or mobile home.
The New York State Health Department or the Department of Environmental
Conservation of the State of New York, whichever is applicable, or both, if
applicable by law or regulation.
Any vehicle or combination thereof used, designated for use or capable
of being used as sleeping or living quarters, whether propelled by its own
power or by the power of another vehicle to which it may be attached. It is
the intention of this definition to include therein mobile homes and travel
trailers.
Any lot, piece or parcel of land whereon two or more house trailers
and/or mobile homes, designed for use or capable of being used as living or
sleeping quarters, are parked, erected or located and for which use such premises
are held open to the public and a fee, charge or rental is imposed or collected.
No person, firm or corporation being the owner or occupant or lessee
of any land or premises within the Town of Forestburgh shall use or permit
the use of said land or premises as a trailer court without obtaining a permit
therefor as hereinafter provided.
A.
Application for permit. The application for each trailer
court permit shall be in writing and signed by the applicant. It shall state:
(1)
The name and address of the applicant.
(2)
The name and address of each partner if the applicant
is a partnership.
(3)
The name and address of each officer and director if
the applicant is a corporation.
(4)
A complete description of the premises upon which the
proposed court is to be located.
(5)
The name and address of the owner or owners of such premises.
(6)
The number of court units to be provided in the proposed
court.
B.
Additional information. Each application shall be accompanied
by three sets of plans and specifications prepared and drawn to scale by a
registered architect or licensed professional engineer showing the layout
of the court, the location, size and arrangement of each court unit; location
of streets, location and number of toilets, lavatories, showers and tubs for
each sex, location of water service and fire hydrants and location of slop
sinks, garbage receptacles and laundry trays. One set of plans shall be retained
by the Planning Board of the Town of Forestburgh, the second set shall be
retained by the Health Officer and the third set retained with the application.
Such plan shall have endorsed thereon approval by the New York State Department.
Where 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 written statement signed by all the owners consenting that
the premises be used for the purpose of a court.
Each application shall be filed in triplicate with the Town Clerk who
shall thereupon transmit a copy to the Health Officer and the Town Planning
Board. Such application shall indicate compliance by the applicant with the
minimum court requirements as established by rule or regulation of the State
Department and of the Sanitary Code of the State of New York. The Health Officer
shall, after investigation, transmit the application to the Town Board, together
with his written approval or disapproval thereof or recommendations pertaining
thereto. All such applications shall be filed with the Town Clerk and the
applicant notified in writing by the Clerk of the action taken thereon.
The Town Clerk of the Town of Forestburgh upon the written application
and upon the approval of the same by the Health Officer and the Town Board
of the Town of Forestburgh and upon receipt of the fee hereinafter provided
shall issue a permit to become effective from the date thereof, and to continue
in force for the term specified therein but in no event longer than through
the 31st day of December next succeeding for the use of the premises therein
specified, as a court, which permit shall specify the number of court units
which may be used in said court. Such permit shall not be transferable or
assignable.
[Amended 12-7-2006 by L.L. No. 5-2006]
The applicant for a trailer court permit shall at the time of issuance
of any such permit pay to the Town Clerk a fee as set from time to time by
resolution of the Town Board. The minimum fee for an annual permit shall in
no event be less than an amount as set from time to time by resolution of
the Town Board.
A.
Court plan. Each court constructed, altered or expanded
after the effective date of this chapter shall be subdivided and marked off
into lots or court units numbered consecutively, the number being conspicuously
posted on each court unit, each of which court units shall contain at least
40,000 square feet and shall be at least 200 feet by 200 feet or 100 feet
by 400 feet in dimension. No more than one house trailer or mobile home shall
be permitted to occupy any one court unit. The court units shall be grouped
in blocks with streets at least 30 feet wide between each block. Each court
unit shall have direct access to a street. No court unit shall be located
within 100 feet of any public highway or public street line nor within 100
feet of any adjacent property line or adjacent dwelling house.
B.
Each court shall have at least one fire alarm box and
one public telephone.
C.
All sewage and other water-carried wastes shall be disposed
of into a municipal sewage system if available; otherwise into a Department
approved private system which includes a sanitary means of disposal, the operation
of which creates neither a nuisance nor a menace to person or property.
D.
Each court shall provide equipment sufficient to prevent
littering of the grounds and premises with rubbish, garbage and refuse and
shall provide a flytight storage building or buildings approved by the Town
Health Officer equipped with sufficient flytight metal depositories.
E.
All electric installations shall be approved by the New
York State Board of Fire Underwriters. Each court shall have weatherproof
underground electric service connections and outlets.
The Town Health Officer or any other duly authorized agent or employee
of the Town shall have the right at any reasonable time to enter upon and
inspect all parts of said premises and to inspect the records kept by any
court.
For failure to maintain a trailer court in accordance with the provisions
of this chapter or in a clean and sanitary condition, the Town Board may,
after service of a notice in writing on the permit holder or person in charge
of the court specifying the conditions to be remedied and failure to remedy
the conditions within 10 days after such service, hold a hearing on notice
thereof to the permit holder and at which the testimony of witnesses may be
taken. The Town Board may thereafter revoke such permit for sufficient cause.
Upon such revocation, the premises shall cease to be used forthwith for purposes
of a court.
A.
Application for the renewal of any trailer court permit
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 permit.
B.
The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 160-4 of this chapter in the case of original application for permits, except that such renewal application need not be accompanied by a plan of the court, unless some change in the plan or layout of the court is contemplated by the applicant.
C.
Upon the approval of said application for a renewal of
the permit by the Health Officer and the Town Board, the Town Clerk shall
issue a renewal permit which shall become effective upon the expiration of
the prior permit and continue in force for the term specified therein but
in no event longer than for a period of one year.
D.
Such renewal permit shall not be transferred or assigned.
A.
No house trailer shall be parked or allowed to remain
upon any public highway or private way in the Town of Forestburgh.
B.
No house trailer shall hereafter be parked or placed
outside of a duly licensed trailer court in the Town of Forestburgh, except
as follows:
(1)
No person, firm or corporation being the owner or occupant
of any land or premises within the Town of Forestburgh shall use or permit
the use of said land or premises for the parking, placing or using of a house
trailer thereon without obtaining a permit therefor as hereinafter provided.
(2)
Application for a permit to park or place a house trailer
outside a trailer court shall be made to the Town Clerk in writing and shall
be signed by the applicant. It shall state:
(a)
The name and address of the applicant, of each partner
if a partnership and of each officer and director if a corporation.
(b)
A complete description of the premises on which the house
trailer is to be located.
(c)
The name and address of the owner of the premises if
the applicant is not such owner, and in that event, file with the issuing
officer the acknowledged consent of such owner that the premises may be used
for such purposes subject to the provisions of this chapter.
(3)
The applicant for a house trailer permit shall at the
time of issuance of any such permit or renewal thereof pay to the Town Clerk
a fee as set from time to time by resolution of the Town Board.
[Amended 12-7-2006 by L.L. No. 5-2006]
(4)
The Town Clerk of the Town of Forestburgh upon the written
application and upon the approval of the same by the Health Officer of the
Town and of the Town Board, and upon receipt of the fee hereinabove provided,
shall issue a permit to become effective from the date thereof and be in force
through the 31st day of December next succeeding for the use of the premises
therein specified. A renewal permit shall be issued on like application and
for a like term as hereinabove provided. Such permit shall not be transferable
or assignable.
(5)
In the case of a single house trailer located on an occupied
lot, such lot shall have an area of at least 40,000 square feet, and the trailer
shall be located to the rear of the existing dwelling and not less than 25
feet from any property line or 25 feet from adjacent dwellings. It must be
provided with a New York State Health Department approved water and sewage
system.
(6)
In the case of a house trailer to be located on an unoccupied
lot, such lot shall have a minimum area of 40,000 square feet, and the trailer
shall be located at least 50 feet from any public street or highway and at
least 25 feet from all lot lines, and must be provided with a New York State
Health Department approved water and sewage system.
If a Health Officer or any authorized representative of the Town of
Forestburgh finds that any house trailer outside a trailer court is not being
maintained in a clean and sanitary condition or in accordance with the provisions
of this chapter, the Town Board may, after service of a notice in writing
on the permit holder specifying the conditions to be remedied and failure
to remedy the conditions within 10 days after such service, hold a hearing
on notice to the permit holder at which testimony may be taken. The Town Board
may thereafter revoke the permit for sufficient cause. Upon such revocation,
the house trailer shall be removed forthwith from the premises.
The provisions of § 160-12 of this chapter shall apply only to a house trailer parked or placed outside a licensed trailer court on and after the effective date of this chapter. House trailers parked outside of a duly licensed trailer court prior to the effective date of this chapter and occupied as a dwelling may remain in the position or place in which they are then parked subject to the existing ordinance of the Town of Forestburgh; provided, however, that no such house trailer shall be moved to a new location in the Town of Forestburgh except in compliance with the provisions of this chapter, and provided also that any owner or lessee of a house trailer presently parked outside a licensed trailer court may replace the same with a new house trailer located upon the same plot of ground and in the same general location.
A.
Any person who violates the provisions of this chapter
shall be deemed to have committed an offense against this chapter and also
shall be liable for said violation.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 4-3-2003 by L.L. No. 2-2003]
C.
Conviction for any abovementioned violation shall constitute
and effect an immediate forfeiture of the permit.
D.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town in the amount of $100
for each such offense. Such penalty shall be collectible by and in the name
of the Town.
E.
In addition to the above provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of such chapter.
