[HISTORY: Adopted by the Town Board of the
Town of Plattekill 12-20-1978 by L.L. No. 4-1978. Amendments noted where
applicable.]
Pursuant to the authority created by § 130
et seq. of the Town Law and § 10 of the Municipal Home Rule
Law, the provisions hereinafter prescribed to provide for the health,
safety, comfort, convenience and general welfare of the residents
of the Town of Plattekill are enacted, and their necessity in the
public interest is hereby declared as a matter of legislative determination.
No person shall construct, develop, alter or
operate a mobile home park in the Town of Plattekill without first
obtaining the permits and licenses herein specified and in accordance
with the procedures herein provided.
The standards and procedures set forth herein
are consistent with the objectives of the town's Comprehensive Plan,
Zoning Ordinance[1] and other local laws regulating the development and arrangement
of dwelling units and residential neighborhoods.
As used in this chapter, the following terms
shall have the meanings indicated:
Any device at the mobile home stand designed for the purpose
of securing a mobile home to the ground and, at a minimum, meeting
the requirements of Paragraph 4.4 of the American National Standards
Institute's publication, A119.3.
Any person licensed to operate and maintain a mobile home
park under the provisions of this chapter.
A movable or portable dwelling unit complying with state
and federal construction standards.
[Amended 5-20-1987 by L.L. No. 4-1987]
A plot of ground within a mobile home park designed for the
accommodation of one mobile home, its accessory buildings or structures
and accessory equipment for the exclusive use of the occupants.
Any parcel of ground on which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodation.
That area of a mobile home lot which has been reserved for
the placement of a mobile home.
Any person to whom a development permit has been issued to
construct a mobile home park under the provisions of this chapter.
Any individual, corporation, partnership or other firm or
corporation.
A movable unit designed for short-term occupancy and frequent
travel equipped with a chassis and one or more of the following mechanical
systems and equipment: plumbing, heating, electrical, cooking and
refrigeration.
[Amended 5-20-1987 by L.L. No. 4-1987]
Any device designed for the purpose of anchoring a mobile
home to ground anchors.
A mobile home park shall be allowed by authorization
of the Planning Board and Town Board only in those districts where
such use is permitted by the Zoning Ordinance.[1] Upon review and approval of a site plan submitted in accordance
with procedures described herein, the Planning Board shall instruct
the Building Inspector to issue a permit for construction and development
of the mobile home park.
An application for a development permit shall
be made in quadruplicate to the Building Inspector upon forms furnished
by him. Said application shall state the name and address of the person
applying, the nature and extent of his interest in the business or
property for which a permit is desired, the number of spaces to be
provided and the location and site plans. The applicant shall furnish
three sets of detailed plans and specifications or typical details,
when requested, of all buildings, structures, plumbing, sewer, lighting,
drainage and road systems and any other information required by the
Planning Board. Prior to Planning Board and Town Board approval, plans
and specifications shall be reviewed and approved by the County Health
Department.
Preparation of site plans and their review shall
be in accordance with Article XI of the Town Zoning Ordinance[1] and shall incorporate the requirements and standards set
forth therein.
A.
The site for a mobile home park shall be not less
than 10 acres and shall have an aggregate road frontage of at least
200 feet on one or more town roads.
B.
The site shall preserve existing trees, be well drained
and have such grades and soil, as verified by the Soil Conservation
Service, to make it suitable for such purpose. Detailed drainage plans
and calculations may be required by the Planning Board to ensure that
stormwater runoff does not present a hazard to neighboring properties
or receiving streams. The site shall be preserved in its natural state
insofar as possible.
C.
Ingress and egress for a mobile home park shall be
provided at two separate intersections with the town road or roads
serving the park. These major entry and exit points shall be connected
within the site by a road circulation system meeting the standards
of the Town of Plattekill Subdivision Regulations[1] and shall be located a minimum distance of 25 feet from
any property line. Intersections shall be designed to provide a clear
sight distance of at least 100 feet in either direction and shall
be not closer than 200 feet to any other intersection. With Planning
Board and Town Board approval, a single major entry and exit road
may be approved. However, such a road must provide 50 feet of usable
road surface up to the point where it joins the park's road circulation
system.
D.
Adequate lighting shall be furnished at all roadway
intersections. This shall consist of one seven-thousand-lumen streetlight
or equivalent.
E.
All mobile homes and other structures shall be set
back at least 50 feet from the property boundary of the park or the
right-of-way line of any public street adjacent to the park. All mobile
homes shall be set back at least 20 feet from the edge of the pavement
providing access to the mobile home lot and 25 feet from any side
or rear lot line, except where such line is contiguous to a property
line or public right-of-way.
F.
Not less than 10% of the total area of any mobile
home park shall be devoted to common recreation areas and facilities,
such as playgrounds, swimming pools and community buildings, to be
owned and operated by the licensee. Such facilities shall be conveniently
accessible to all dwellings within the park and so designed as to
minimize traffic hazards to users and adverse effects on adjacent
residential properties.
G.
No mobile home shall be less than 50 feet from any
other mobile home.
H.
Maximum coverage of buildings and structures on a
mobile home lot may not exceed the percentage for the district in
which the park is located.
I.
One sign, containing an area of not more than 32 square
feet and not more than 10 feet above ground level at its highest point,
may be displayed. Such sign shall be set back at least 20 feet from
the right-of-way of any public road and at least 50 feet from any
property line.
J.
No mobile home may be stacked on top of another mobile
home or so placed as to exceed 15 feet in height above ground level.
K.
Any mobile home displayed for sale in a licensed park
shall be located individually, with permitted setbacks, on a lot of
permitted size.
L.
No flammable materials may be stored beneath any mobile
home. Nonflammable materials, when stored beneath individual units,
shall be completely enclosed within approved skirting.
A.
The dimensions for each individual mobile home lot
shall conform to the minimum lot dimensions for the zoning district
in which the park is located.
C.
Each mobile home lot shall be furnished with a mobile
home stand of sufficient area to accommodate a mobile home and appurtenant
structures and supports. The stand shall consist of piers designed
in accordance with manufacturer's specifications and supported by
footers two feet by two feet by eight to 10 inches thick and designed
in accordance with the requirements of ANSI A119.3.
D.
Ground anchors and tiedowns, designed and installed
in accordance with the specifications of ANSI A119.3 and the New York
State Uniform Fire Prevention and Building Code and attested to by
the Town Building Inspector, shall be installed for each mobile home
placed on a mobile home stand. All mobile homes shall, when located
on their respective stands, be skirted with suitable nonflammable
rustproof material.
[Amended 5-20-1987 by L.L. No. 4-1987]
E.
The ground around the perimeter of the mobile home
living area shall be pitched away from the area at a grade of 3/4
inch per foot for approximately five feet.
F.
Each mobile home site shall provide suitable connections to approved water supply and sewage disposal systems in accordance with Section 7.60 of the State Sanitary Code and as stated elsewhere in this chapter. Electrical connections at each mobile home lot shall be in accordance with applicable state regulations and § 68-12 of this chapter.
G.
Two off-street parking spaces shall be provided for
each mobile home space. One or more spaces shall be adjacent to the
mobile home stand; the second may be contained in one or more group
parking areas. Public spaces shall provide one additional space for
each four mobile home lots to provide for guest parking and for delivery
and service vehicles.
I.
Walkways not less than three feet wide shall be provided
from mobile home stands to streets and service buildings. Such walkways
shall be lighted at night by an exterior light affixed to a lamppost
or to the exterior of the mobile home.
A.
A minimum rate of 200 gallons per day of potable water
for drinking and domestic purposes shall be supplied to each mobile
home lot at a minimum pressure of 20 pounds per square inch at peak
demand and 30 to 50 pounds per square inch at other times.
B.
A water service connection, consisting of a service
box with a shutoff valve installed below the frost line and a three-fourths-inch
riser pipe, shall be supplied to each lot. Surface drainage shall
be diverted from the connection and sanitary drainage connections
located at a safe distance.
C.
An adequate supply of hot water shall be provided
at all times in the service buildings for all washing and cleaning
facilities in accordance with Section 7.60 of the State Sanitary Code.
D.
Only a public water supply or other supply approved
by the State or County Health Department having jurisdiction shall
be used. If a private water supply is used, arrangements must be made
for a semiannual bacteriological analysis, at the expense of the licensee,
by a laboratory approved by the State or County Health Department
having jurisdiction, and a report thereof filed within 24 hours of
completion of analysis.
A.
Sewage disposal systems shall be designed on a minimum
flow of 200 gallons of wastewater per day per mobile home lot where
a community or public sewer system is provided. Such central collection
and treatment systems shall be required in any mobile home park containing
50 or more mobile homes and shall be designed so as to receive approval
from the Ulster County Health Department.
B.
Where individual systems serving one or two mobile
homes each are used, design will be based on 150 gallons per bedroom
with a minimum of two bedrooms per mobile home. Such individual system
shall be permitted only in mobile home parks housing fewer than 50
units and shall meet the approval of the County Department of Health.
C.
Each mobile home space shall be provided with a four-inch
sewer below the ground level and a riser pipe. The three-inch connecting
pipe from the mobile home to the riser pipe shall be noncollapsible
and semirigid. All connections shall be watertight and otherwise acceptable.
The sewer in each space shall be connected to discharge the mobile
home waste into a public sewer system in compliance with applicable
ordinances or into a private sewer and disposal plant or septic tank
system of such construction and in such manner as will present no
health hazard.
D.
No dry or chemical toilet shall be used within the
town, and all mobile home toilets, unless sewer-connected, shall be
sealed while transiently parked within the town limits. Disposal of
chemical toilet wastes to septic tanks will affect the septic action
and seriously damage the system, and such disposal is therefore prohibited.
A.
Service equipment. A weatherproof overcurrent protection
device and disconnecting means shall be provided for each mobile home
space. Individual mobile home space overcurrent protection device,
disconnect means and branch service shall be a minimum of 100 amperes
for two-hundred-twenty-volt service.
B.
Branch service and receptacle. Branch services and
receptacles shall be installed in accordance with the specifications
of the utility company serving the area.
A.
Following
final inspection of mobile home park construction by the Building
Inspector and his written certification that construction has been
completed satisfactorily in accordance with approved plans and specifications,
the potential licensee may apply to the Town Board for a license to
operate the mobile home park. No mobile home spaces may be rented
or utilized until an operating license has been issued. The Town Board
may approve or reject an application for an operating license at the
regular meeting following receipt of the license application, provided
that the application is received at least two weeks prior to such
meeting.
B.
The fee
schedule is as follows:
[Added 2-18-2009]
A license shall be valid until the end of the
calendar year and shall be renewed annually. Such license shall be
on display in the office of the mobile home park.
A.
Renewal applications shall be filed with the Town
Clerk before the first day of December next preceding the expiration
of the license.
B.
Prior to the issuance of a renewed license, the Building
Inspector shall inspect each mobile home park so applying for compliance
with these regulations. During such inspection, the Building Inspector
shall validate each unit by affixing an official sticker thereto.
C.
No license shall be renewed until all items not in
compliance have been corrected.
[Amended 5-20-1987 by L.L. No. 4-1987]
The application for a development permit shall
be accompanied by a fee as established from time to time by resolution
of the Town Board. This fee shall cover the cost of ongoing site inspection
by the Building Inspector and, whether or not an operating license
is issued, shall be retained by the town.
The licensee or duly authorized attendant or
caretaker shall be in charge at all times to keep the mobile home
park and its facilities and equipment in a clean, orderly and sanitary
condition. The attendant or caretaker shall be answerable, with the
licensee, for the violation of any provision of this chapter to which
the licensee is subject.
The following uses are prohibited:
A.
Cooking with gasoline stoves within mobile homes.
B.
Use of rubber hose or other flexible tubing for conveying
fuel gases to any heater or stove.
C.
Storage of Class 1 liquids (flash point below 100°
F.).
D.
Storage of combustible materials which may constitute
a fire hazard.
E.
The outdoor storage of unsightly materials or inoperable
vehicles.
The following uses are conditional:
The following maintenance is required at a minimum:
A.
The cleaning, painting and repairing of all service
buildings.
C.
Securing a building permit from the Town Building
Inspector before expanding the area of any mobile home, accessory
building, service building or other building or structure within the
mobile home park. This section is not intended to supersede the administration
and enforcement provisions set forth in the Town of Plattekill Zoning
Law[1] or amendments thereto.
[Amended 5-20-1987 by L.L. No. 4-1987]
D.
Taking all such other measures as shall be deemed
necessary by state, county and local agencies having jurisdiction
in order to preserve the health, comfort and safety of the general
public and all persons accommodated in the mobile home park.
The following operating conditions are required
in addition to those stated elsewhere:
A.
Gasoline storage on the premises must be underground.
B.
Providing each mobile home stand with a means for
connecting the mobile home frame grounding terminal to an effective
ground when outside current is provided.
C.
Preventing the committing of any nuisance on park
premises and reporting immediately to the proper authorities all acts
of a disorderly character committed by any person or persons on park
premises and, to that end, maintaining proper policing thereof.
D.
Securing a certificate of occupancy from the Building
Inspector before any additional mobile home is occupied.
E.
Replacing any mobile home, when moved, with one complying
with state and federal construction standards.
[Amended 5-20-1987 by L.L. No. 4-1987]
A.
Metal garbage cans with tight-fitting covers shall
be provided in quantities adequate to permit disposal of all garbage
and rubbish. A shed capable of holding at least three garbage containers
shall be provided for each mobile home space. The cans shall be kept
in a sanitary condition at all times. Garbage and rubbish shall be
collected and disposed of at least once per week. At least one container
shall be provided for each unit or part thereof.
B.
As an alternative to providing separate garbage cans
for each mobile home unit, metal dumpsters or similar devices with
securely fitting metal covers may be supplied, provided that they
are approved by the Building Inspector and are kept in a sanitary
condition at all times and located at a series of central sites which
shall be screened from view.
No owner or person in charge of any dog, cat
or other pet animal shall permit it to run at large or commit any
nuisance within the limits of any mobile home park.
[Amended 5-20-1987 by L.L. No. 4-1987]
No occupied recreational vehicle or other form
of temporary-type living unit shall be permitted to be used as a residence
in a mobile home park.
A.
These regulations shall apply to all new mobile home
parks and any undeveloped mobile home lots in mobile home parks which
were in operation at the time this chapter was enacted.
C.
The owner or operator of any such mobile home park
shall have 30 days from the effective date of this chapter to make
an application for a mobile home park operating license.
[Amended 5-20-1987 by L.L. No. 4-1987]
D.
Expansion of an existing mobile home park after the
effective date of this chapter shall be made only in accordance with
this chapter.
A.
The owner, lessee, licensee, occupant of or person
accommodated in any such park who commits an act in violation of any
of the provisions of this chapter shall each be liable for any such
violation.
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 six months, or both, for conviction of
a first offense; for conviction of a second offense both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
[Amended 5-20-1987 by L.L. No. 4-1987]
Where any of the provisions of this chapter
cannot be met due to unusual circumstances, the Town Board may, at
its discretion, waive any of the foregoing provisions of this chapter
as long as they do not constitute a health hazard.
