Town of New Berlin, NY
Chenango County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of New Berlin 9-17-1990 by L.L. No. 4-1990.[1] Amended in its entirety 10-10-2007 by L.L. No. 1-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 91.
Sanitation — See Ch. 115.
Subdivision of land — See Ch. 135.
Storage of vehicles — See Ch. 146.
[1]
Editor's Note: This local law superseded L.L. No. 2-1987, Mobile Homes, Trailer Parks, adopted 10-8-1987.
This chapter shall be known as the "Local Law for the Regulation of Manufactured Homes located in the Town of New Berlin, Chenango County, New York."
The purpose of this chapter is to promote the health, safety, morals and general welfare of the community, including the protection and preservation of the property of the Town of New Berlin and of its inhabitants by establishing specific requirements and regulations governing the occupancy and maintenance of manufactured homes.
For the purpose of this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:
A. 
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 (29.7m2) minimum, and that was built on or after June 15, 1976, on a 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.
B. 
The term “manufactured home” shall also include any structure that meets all 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.
C. 
The term “manufactured home” shall not include any self-propelled recreational vehicle.
MANUFACTURED HOME PARK
Any parcel of land which is planned and improved for the placement of two or more manufactured homes which are used as dwellings.
MANUFACTURED HOME PARK LOT
A designated site of specific total land area which is located within a manufactured home park for the accommodation of one manufactured home and its occupants.
MANUFACTURED HOME PRIVATE LOT
Any parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.
MANUFACTURED HOME STAND
A durable surface located on a manufactured home lot, whether a park lot or a private lot, which is to be used for the placement and capable of supporting a manufactured home.
MOBILE HOME
Manufactured housing, built prior to June 15, 1976, built on a chassis, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundations provided. "Mobile home" shall not be construed to be a RV or other form of recreational vehicle or modular home.
PREFABRICATED HOME
A structure transportable in one or more sections that has been constructed off site with the intention to be reconstructed on a permanent site. (Included are manufactured homes, modular homes, etc.).
RV
Any portable vehicle which is to be transported on its own wheels; which is designed and intended to be used for temporary living quarters for travel, recreational or vacation purposes; and which may or may not include one or all of the accommodations and facilities included in a manufactured home.
RV PARK
Any parcel of land which is planned and improved for the placement of two or more RVs which are used as temporary living quarters and for occupancy of not more than 120 consecutive days.
A. 
Any persons, partnership, association or corporation, being the owner or occupant of any land within the Town of New Berlin, shall not use or allow the use of such land for a manufactured home park or RV park unless a permit has been obtained as herein provided.
B. 
Issuance of permit.
(1) 
The Town Clerk of the Town of New Berlin shall issue a permit to be effective from the day of issuance to and including December 31 of that year.
(2) 
This permit will not be issued until the Town Clerk has received:
(a) 
A written application from the applicant.
(b) 
The required fee as herein provided.
(c) 
Approval of the application by the Chenango County Department of Public Health for any application received after January 1, 1988, and/or a permit to operate from the New York State Department of Health where required by New York law.
(d) 
An inspection report from the Town Code Enforcement Officer.
(e) 
A resolution from the Town Planning Board approving issuance of a permit.
(3) 
This permit shall not be transferable or assignable.
C. 
Supplemental permit.
(1) 
Any person holding a permit for a manufactured home park or RV park and desiring to add additional lots to such park shall file an application for a supplemental permit.
(2) 
The application for such supplemental permit must be accompanied by three complete sets of plans and specifications as required by § 105-6 of this chapter. The application for a supplemental permit shall be filed and handled according to the procedure established in § 105-4B of this chapter.
(3) 
When approved and upon receipt of the required fee, the Town Clerk shall issue a supplemental permit which will be effective from the date of issuance to and including December 31 of the same year.
D. 
Permit renewal.
(1) 
An application for the renewal of any manufactured home park or RV park permit which was issued in accordance with the provisions of this chapter must be filed with the Town Clerk on or before December 1 preceding the expiration of the permit.
(2) 
Upon the inspection of the Town Code Enforcement Officer and by resolution of the Town Planning Board, the Town Clerk shall issue a renewal permit to be effective upon the expiration of the previous permit and continue in force for a period of one year.
(3) 
At the time the renewal permit is issued, the applicant shall pay the fees as set forth from time to time by resolution by the Town Board.
(4) 
Such renewal permit shall not be transferable or assignable.
E. 
Permit fees.
(1) 
The applicant shall pay the Town Clerk an annual fee as set forth from time to time by resolution by the Town Board.
(2) 
The fee for a supplemental permit shall be as set forth from time to time by resolution by the Town Board.
F. 
Existing manufactured home parks, RV parks and manufactured homes.
(1) 
A manufactured home park or RV park which is presently in existence may continue in existence, provided that it complies completely with any applicable requirements of the Chenango County Department of Public Health, New York State Fire Prevention and Building Code, the New York State Department of Health and this code. The owner of said manufactured home park or RV park must complete an application form and file it with the Town Clerk within 30 days of the effective date of this chapter. Said filed application form will constitute a permit.
(2) 
Any additions, extensions or supplements to a manufactured home park or RV park in existence prior to the enactment of this chapter must be made pursuant to this chapter.
A. 
Each application for a manufactured home park or RV park shall be in writing and signed by the applicant.
B. 
The application and related information shall be filed with the Town Clerk in triplicate.
C. 
The Town Clerk shall transmit one copy of the application to the Town Code Enforcement Officer.
D. 
The Town Code Enforcement Officer shall check the application for compliance with the minimum requirements as established by the rules and regulations of the New York State Department of Health, the New York State Uniform Fire Prevention and Building Code, the Town of New Berlin and the Sanitary Code of the State of New York. The Town Code Enforcement Officer shall, after such investigation, transmit the application to the Town Planning Board, together with his written findings, as to whether the application satisfies or does not meet the minimum health and sanitary standards within 30 days after the date of filing the application with the Town Clerk.
E. 
Upon receipt of the application from the Town Clerk, the Town Code Enforcement Officer shall review the general arrangement of the manufactured home park or RV park. This shall include a review of location and width of streets; the location, size and arrangement of lots; the location of other structures within the park; the location of entrance(s) and exit(s); and the location, type and extent of landscaping and screening materials. The Town Code Enforcement Officer shall transmit the application back to the Town Planning Board, together with his written findings, within 30 days of receipt of the application.
F. 
The Town Planning Board shall review the findings of the Town Code Enforcement Officer and by resolution indicate its approval or disapproval of the application within 60 days of the date of filing the application with the Town Clerk. The application shall be returned to the Town Clerk and the applicant notified, in writing, within five days by the Town Clerk of the Town Planning Board's decision.
G. 
In the event that an application is disapproved, an applicant may appeal the Planning Board decision by filing written objections to the Planning Board decision within 30 days of the date of the decision with the Town Clerk. The Town Board will then review the application and objections at the next scheduled Board meeting, when the Town Board may uphold or overturn the decision or remand the application back to the Planning Board for further consideration.
Each application shall be accompanied by three complete sets of plans which are prepared by a surveyor, engineer or other qualified person licensed by the State of New York to prepare such plans in New York State. The plans shall be drawn to a scale of 20, 40 or 50 feet to one inch, shall include the date, North point and scale and shall furnish the following information:
A. 
Legal data.
(1) 
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.
(2) 
The location and description of the land that is proposed to be used as a manufactured home park or RV park.
(3) 
The number of lots to be provided in such park.
(4) 
A certified or photostatic copy of the deed to the land which indicates that the applicant is the owner of such land or a lease or other document showing that he is entitled to use and occupancy of the property.
B. 
Physical features.
(1) 
Existing and proposed contours at two-foot intervals.
(2) 
Location of watercourses, marshes and areas subject to flooding.
(3) 
Wooded areas.
C. 
Surrounding development.
(1) 
A location map which shows all land within 200 feet of the proposed park and all structures on the land which abuts the proposed park.
(2) 
The location, names and width of all adjacent streets.
(3) 
The location of all waterlines and utilities within and adjacent to the proposed site.
D. 
Proposed development.
(1) 
The location and widths of all entrances, exits, streets and walkways.
(2) 
The location, names and widths of all adjacent streets.
(3) 
The method and plan for electric lighting.
(4) 
The location and plan of all proposed structures and improvements.
(5) 
Any proposed grading and plans for landscaping.
(6) 
Any proposed stormwater drainage.
(7) 
Any proposed utilities.
(8) 
Any public improvements proposed by the Town in or adjoining the proposed park.
A. 
Site.
(1) 
The park shall be located in an area where grades and soil conditions are suitable for use as manufactured home sites.
(2) 
The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and that the site will be free at all times from stagnant pools of water.
(3) 
The park shall be free from heavy or dense growth of brush and woods.
B. 
Manufactured home park lot.
(1) 
Each manufactured home park shall be marked off into manufactured home park lots, and each lot shall be separately numbered.
(2) 
The total number of manufactured home park lots in a manufactured home park shall not exceed six per gross acre.
(3) 
Each manufactured home park lot shall have a total area of not less than 6,000 square feet, with a minimum dimension of 60 feet.
C. 
Manufactured home.
(1) 
Any manufactured home shall not be parked or otherwise located nearer than a distance of:
(a) 
At least 20 feet from an adjacent manufactured home in any direction.
(b) 
At least 20 feet from an adjacent property line.
(c) 
At least 30 feet from the right-of-way line of a public street or highway.
(d) 
At least 10 feet from the nearest edge of any roadway location within the park.
(2) 
Only one manufactured home shall be permitted to occupy any one manufactured home park lot.
(3) 
No manufactured home park in the Town of New Berlin shall exceed 100 manufactured home park lots or spaces.
(4) 
Each manufactured home park lot shall provide a hard surface off-street parking bay of at least 400 square feet.
(5) 
No manufactured home shall be permitted to occupy a manufactured home park lot unless the manufactured home contains at least 500 square feet of habitable area and is of such construction and/or appearance so as not to be a nuisance and/or hazard to its occupants or to others.
(6) 
Any manufactured home built after January 15, 1974, that does not meet the state code for construction and installation of manufactured homes (9 NYCRR) shall not be installed in a manufactured home park. No manufactured homes built before January 15, 1974, may be installed in a manufactured home park.
(7) 
Any manufactured home built after June 15, 1976, that does not meet the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standard (CFR, Title 24, Part 280) shall not be installed in a manufactured home park.
D. 
Manufactured home foundation.
(1) 
Each manufactured home without a basement shall be placed on a concrete pad as described herein or other substitute foundation as may be approved by the Town Code Enforcement Officer. In all cases, foundations must meet at least the minimum requirements set forth by the manufacturer of the manufactured home.
(2) 
The concrete pad shall be of coarse aggregate with metal reinforcement and vapor barrier with a minimum thickness of six inches, which shall be constructed to provide adequate support for the placement and anchoring of the manufactured home in accordance with generally accepted standards. The pad shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure. The pad shall inhibit the ponding of water under and around the home. A sketch plan illustrating the construction requirements of the concrete pad will be available from the Code Enforcement Officer. Said sketch plan is incorporated into this chapter by reference as if set out fully herein.
(3) 
Each manufactured home shall be secured to the concrete pad or other approved foundation in such a way as to secure the manufactured home against uplift, sliding, rotation and overturning. The manufactured home shall be secured to meet minimum state and local laws or manufacturer's recommendations whichever are more stringent.
E. 
Accessibility.
(1) 
Each manufactured home park shall be easily accessible from an existing public highway or street.
(2) 
A manufactured home park shall have an internal street system adequate for access to each manufactured home lot with the following provisions:
(a) 
All parks shall have access from two points along a street, road or highway; or, if bordering on two streets, roads or highways, or a combination thereof, one point of access may be provided from each street. Each access road must have at least a fifty-foot frontage on a public street, road or highway.
(b) 
Access points shall be separated by at least 150 feet.
(c) 
The surfaces of all internal streets shall be paved with asphalt, concrete or gravel as recommended by the Town Highway Superintendent and shall be kept in good repair.
(d) 
All entrances and exits to the park from public roads and all internal streets shall intersect at right angles.
(e) 
Streets shall be a thirty-foot right-of-way with at least 18 feet of road surface.
(f) 
If dead-end streets are contained in the plan, a turning diameter of at least 60 feet of road surface shall be provided. No dead-end streets shall serve more than 12 manufactured homes on one side and shall be limited in length to 1,000 feet. A "no outlet" or "dead end" sign shall appear at the entrance.
(g) 
Two off-street parking spaces shall be provided for each manufactured home, with one additional space for each four manufactured homes. Every parking space shall be at least 10 feet in width and 20 feet in length and have adequate provision for maneuvering and for passage to and from streets.
F. 
Utilities and service facilities.
(1) 
(1) The following utilities and service facilities shall be provided in each manufactured home park which shall be in accordance with any applicable regulations and requirements of the Chenango County Department of Health, the New York State Department of Health, the New York State Fire Prevention and Building Code and the Sanitary Code of New York State.
(a) 
An adequate supply of potable water for drinking and domestic purposes shall be supplied by pipes to all manufactured home park lots and buildings within the park to meet the requirements of the park. Each manufactured home park lot shall be provided with proper water connections. It shall be the responsibility of the manufactured home park owner to perform water tests and to provide the results of the same to the Town Code Enforcement Officer at least once every six months or more often if indicated.
(b) 
Each manufactured home park lot shall be provided with a sewer which shall be connected to the manufactured home situated on the lot to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in such home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed to prevent the emission of any odors and the creation of breeding places for insects.
(c) 
Garbage cans with tight-fitting covers shall be provided and maintained by each manufactured home occupant to permit the disposal of all garbage and rubbish. The cans shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that such cans shall not overflow.
(2) 
Each manufactured home park shall be provided with weatherproof electric service connections and outlets which are a type approved by the National Electric Code.
G. 
Open space.
(1) 
Each manufactured home park shall provide common open space for the use of the occupants of such park for recreation.
(2) 
Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least 10% of the gross land area of the park.
H. 
Miscellaneous requirements.
(1) 
Lawn and ground cover shall be provided on those areas not used for the placement of manufactured homes and other buildings, walkways and roads.
(2) 
Planting shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and suitable settings for the manufactured homes and other facilities.
(a) 
Screen planting shall be provided to screen objectionable views. Views which shall be screened include laundry facilities, other nonresidential uses, garbage storage and collection areas and all abutting yards of adjacent dwellings within 50 feet.
(b) 
Other planting shall be provided along those areas within the park which front upon existing public highways and streets to reduce glare and provide pleasant outlooks for the living units.
(c) 
The park owner is responsible for maintenance.
(3) 
Lighting. Streetlighting shall be provided at all entrances and exits to the manufactured home park and on all internal streets, intersections, walkways and common areas. Such lighting shall provide an illuminator of six candles to those areas.
(4) 
Walkways. To reduce vehicular traffic hazards to pedestrians, sidewalks shall be provided for manufactured home spaces to service buildings.
(5) 
Tenant storage. Adequate tenant storage shall be provided on the lot or in compounds located within a reasonable distance, generally not more than 100 feet from each stand. Storage facilities shall be designed in a manner that will enhance the appearance of the park and shall be constructed of suitable weatherproof materials.
(6) 
Advertising signs.
(a) 
Only one sign shall be permitted for each 500 feet of street frontage of the lot or major part thereof.
(b) 
No sign shall exceed a total sign area of 20 square feet. Signs may be illuminated only by indirect lighting.
(c) 
No sign shall be permitted to be erected within 50 feet of a residential use, within 25 feet of any adjoining property line, nor project into any public highway right-of-way.
(7) 
Community building. A centrally located community and service building shall be provided in those manufactured home parks proposed to contain 25 manufactured homes or more. Such facility should contain laundry facilities, public telephones, recreational facilities, meeting rooms and rest rooms.
(8) 
Foundation and skirting. Every manufactured home located in the manufactured home park shall be placed on a permanent foundation and have skirting which shall enclose at least 80% of the perimeter of the manufactured home and any additions thereto.
I. 
Recording.
(1) 
The owner or operator of each manufactured home park shall keep a written record of all persons occupying or using the facilities of such park. This record shall be available for a period of at least one year from the date of occupancy.
(2) 
This record shall include:
(a) 
The name and address of the owner of each manufactured home which is not occupied by such owner.
(b) 
The name and address of the occupant of each manufactured home which is not occupied by such owner.
J. 
Supervision. It shall be the responsibility of the owner of the manufactured home park to see that all facilities are kept in good working order and in good repair. This includes water supply facilities, sewage treatment and disposal facilities, grounds, roadways and any other facility, appliances or equipment pertinent to the normal operation of the manufactured home park. It shall be the responsibility of the owner to provide for maintenance of and snow and ice removal from all park roadways and access roads that have not been accepted by the Town as Town roads.
A. 
Site. The provisions found in § 105-7A shall apply.
B. 
RV lot.
(1) 
Each RV park shall be marked off into RV lots.
(2) 
The total number of RV lots in such park shall not exceed 12 per gross acre.
(3) 
Each RV lot shall have a total area of not less than 2,500 square feet, with a minimum dimension of 30 feet.
C. 
RV.
(1) 
Any RV shall not be parked or otherwise located nearer than a distance of:
(a) 
At least 20 feet from an adjacent RV in any direction.
(b) 
At least 10 feet from an adjacent property line.
(c) 
The provision found in § 105-7C(1)(c) shall apply.
(d) 
The provision found in § 105-7C(1)(d) shall apply.
(2) 
Only one RV shall be permitted to occupy any one RV lot.
D. 
RV stand.
(1) 
Each RV lot shall have a RV stand which will provide for the practical placement on and removal from the lot of the RV and the retention of the RV on the lot in a stable condition.
(2) 
The stand shall be of sufficient size to fit the dimensions of the anticipated RV.
(3) 
The stand shall be constructed of an appropriate material which is durable, compact and adequate for the support of the maximum anticipated loads.
(4) 
The stand shall be suitably graded to permit rapid surface drainage.
E. 
Accessibility. The provisions found in § 105-7E shall apply.
F. 
Utilities and service facilities.
(1) 
The following utilities and service facilities shall be provided in each RV park which shall be in accordance with any applicable regulations and requirements of the Chenango County Department of Public Health, the New York State Department of Health, the New York State Fire Prevention and Building Code and Sanitary Code of New York State.
(a) 
Each RV park which provides for RVs having all the facilities of a manufactured home, as defined in § 105-3 of this chapter, shall provide the required facilities indicated in § 105-7F(1)(a) and (b).
(b) 
Each RV park, which provided for RVs not equipped with the facilities in a manufactured home, as defined in § 105-3 of this chapter, shall provide the following facilities:
[1] 
An adequate supply of potable water for drinking and domestic purposes shall be provided within 250 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without water facilities capable of providing a minimum of 150 gallons of water per day at a minimum pressure of 20 pounds per square inch. Where spigots and sewer hookups are provided at each site, a minimum volume of 100 gallons of water per site per day at a minimum pressure of 20 pounds per square inch shall be provided.
[2] 
Toilet and other necessary sanitary facilities for males and females shall be provided in permanent structures. Such facilities shall be housed in either separate buildings or in the same building. In the latter case, such facilities shall be separated by soundproof walls. The male and female facilities shall be marked with appropriate signs and have separate entrances for each.
[3] 
Such toilet and other sanitary facilities shall be provided in the following manner:
[a] 
Male facilities shall consist of not less than one flush toilet for every 10 RVs; one urinal for every 10 RVs; one lavatory for every 10 trailers; one shower with an adjoining dress compartment of at least 16 square feet for every 15 RVs.
[b] 
Female facilities shall consist of not less than one flush toilet for every 10 RVs; one lavatory for every 10 RVs; one shower with an adjoining dress compartment of at least 16 square feet for every 15 RVs.
[4] 
Lavatory and shower facilities shall be supplied with hot and cold running water.
[5] 
The buildings housing such toilet and sanitary facilities shall be well-lighted at all times of the day and night; shall be well-ventilated with screened openings; shall be constructed of moisture-proof material; shall be well-heated; and shall be clean and sanitarily maintained at all times. The floors of such buildings shall be of a water impervious material.
[6] 
Such buildings shall not be located nearer than 20 feet nor further than 300 feet from any RV.
(2) 
The provisions found in § 105-7F(1)(c) shall apply.
(3) 
Waste from all buildings and RV lots shall be discharged into an approved public or private sewer system in such a manner so as not to present a health hazard.
(4) 
The provision found in § 105-7F(2) shall apply.
G. 
Open space. The provision found in § 105-7G shall apply.
H. 
Miscellaneous provisions. The provision found in § 105-7H shall apply.
I. 
Recording.
(1) 
The owner or operator of each RV park shall keep a written record of all persons occupying or using the facilities of such park. This record shall be available for a period of at least one year from date of occupancy.
(2) 
The record shall include:
(a) 
The name and address of the occupant of each RV.
(b) 
The name and address of the owner of each RV which is not occupied by such owner.
(c) 
The state in which RV is registered and the registration number.
(d) 
The name and address of the owner of the automobile or other vehicle which propelled the RV.
(e) 
The state in which the automobile is registered and the registration number.
J. 
Supervision. It shall be the responsibility of the owner of the RV park to see that all facilities are kept in good working order and in good repair. This includes water supply facilities, sewage treatment and disposal facilities, grounds, roadways and any other facility, appliances or equipment pertinent to the normal operation of the RV park. It shall be the responsibility of the owner to provide for maintenance of and snow and ice removal from all park roadways and access roads that have not been accepted by the Town as Town roads.
A. 
Requirements for RVs within a manufactured home park.
(1) 
All RVs which are to be placed on the same legal parcel of land with manufactured homes shall be arranged into a RV park, as defined in § 105-3 of this chapter. All manufactured homes on such land parcel shall be arranged into a manufactured home park, as defined in § 105-3 of this chapter.
(2) 
When a RV park and manufactured home park are to be combined on the same legal parcel of land, such RV park and manufactured home park shall have separate physical locations on the parcel of land.
B. 
Manufactured home park. When the parcel of land is divided for manufactured home park and RV park uses, the provision contained in § 105-7 of this chapter shall apply to that portion of land to be used as a manufactured home park, except as herein provided.
C. 
RV park. When the parcel of land is divided for manufactured home park and RV park uses, the provisions of § 105-8 of this chapter shall apply to that portion of the land to be used for a RV park except as herein provided.
D. 
Additional requirements.
(1) 
The parcel of land which is provided for both a manufactured home park and RV park shall be at least five acres in size.
(2) 
Where practicable, that portion of the land to be used as a RV park shall be located adjacent to a public highway or street.
(3) 
The RV park and manufactured home park shall be physically separated by a parcel of land of at least 15 feet in width along all areas where the RV park abuts the manufactured home park. Such parcel of land shall be properly landscaped with appropriate planting materials so that the view of such RV park from the manufactured home park is adequately screened and maintained.
(4) 
Where practicable, the RV park and the manufactured home park shall each have separate points of entry and exit. Where the parcel of land fronts on two or more existing public highways or streets, the RV park shall be located adjacent to the public highway or street that is most heavily traveled.
A. 
No manufactured home shall hereafter be parked or otherwise placed within the Town of New Berlin and outside a permitted manufactured home park except on a manufactured home private lot or commercial manufactured home sales lot or by special variance by the Town Planning Board.
B. 
Manufactured home permit.
(1) 
The applicant for a manufactured home private lot must file an application with the Town Clerk.
(2) 
Each application for a manufactured home permit shall be in writing and signed by the applicant. This application must state and be accompanied by the following:
(a) 
The name and address of the applicant.
(b) 
The location and description of the land.
(c) 
A plan drawn to scale of not smaller than one inch equals 20 feet. This plan must show the boundaries of the land, the location of the manufactured home on the land, the location and design of proposed water supply and sewage disposal systems and the location of adjacent properties and structures.
(d) 
A certified or photostatic copy of the deed to the land which indicates that the applicant is the owner of such land or a lease or other document showing he is entitled to use and occupancy of the property.
(e) 
An initial permit fee as set forth from time to time by resolution by the Town Board.
(3) 
The Town Clerk shall transmit the application to the Town Code Enforcement Officer. Upon receipt, the Town Code Enforcement Officer shall review the application's compliance with the provisions of this chapter and any applicable requirements of the Chenango County Department of Public Health, the New York State Fire Prevention and Building Code and the New York State Department of Health. The Town Code Enforcement Officer shall then transmit the application along with his written findings to the Town Planning Board.
(4) 
The Town Planning Board shall review the application and the findings of the Town Code Enforcement Officer and by resolution indicate its approval or disapproval.
(5) 
In the event that an application is disapproved, an applicant may appeal the Planning Board decision by filing written objections to the Planning Board decision within 30 days of the date of the decision with the Town Clerk. The Town Board will then review the application and objections at the next scheduled Board meeting, when the Town Board may uphold or overturn the decision or remand the application back to the Planning Board for further consideration.
C. 
Manufactured home requirements.
(1) 
Any manufactured home parked or placed outside a duly licensed manufactured home park shall have an adequate supply of potable water for drinking and domestic purposes and a sewage disposal system. Both systems shall satisfy any applicable requirements of the Chenango County Department of Public Health and the New York State Department of Health.
(2) 
Any manufactured home outside a duly licensed manufactured home park not hooked up to either a public water system or a public sewer system shall be placed on a lot with an area that will satisfy the minimal requirements of all applicable health and building codes for separation of water and septic systems.
(3) 
Not more than one manufactured home shall be placed or parked on any parcel of land which is located outside a licensed manufactured home park.
(4) 
Every manufactured home located outside a licensed manufactured home park shall be placed on a foundation pursuant to § 105-D(1), (2) and (3) of this chapter and have skirting which shall enclose at least 80% of the perimeter of the manufactured home and any additions thereto.
(5) 
No manufactured home shall be permitted to occupy a manufactured home private lot unless the manufactured home contains at least 500 square feet of habitable area and is of such construction and/or appearance so as to not be a nuisance and/or hazard to its occupants or to others.
(6) 
Any manufactured home built after January 15, 1974, that does not meet the state code for construction and installation of manufactured homes (9 NYCRR) shall not be installed on manufactured home private lot. No manufactured homes built before January 15, 1974, may be installed on a manufactured home private lot.
(7) 
Any manufactured home built after June 15, 1976, that does not meet the United States Department of Housing and Urban Development Mobile Home Construction and Safety Standard (CFR, Title 24, Part 280) shall not be installed on a manufactured home private lot.
D. 
Manufactured home foundation. The provisions found in § 105-7D(1), (2) and (3) shall apply.
E. 
Existing manufactured homes.
(1) 
(Reserved)
(2) 
If the owner of the land desires to substitute a manufactured home of superior construction or improve the facilities for the existing manufactured home, such owner shall file an application for a permit. Such application shall comply to the provisions of § 105-10B of this chapter with respect to application procedure and requirements. Such substituted manufactured home and the manufactured home site shall meet the requirements of § 105-10C(1) through (7) of this chapter.
(3) 
Permit renewal. No renewal permit is required for any person holding a permit for a manufactured home private lot so long as said person complies with the health requirements of the Chenango County Department of Public Health and so long as circumstances remain exactly as stated on the original application.
The Town Code Enforcement Officer of the Town of New Berlin shall enforce all of the provisions of this chapter. Such Town Code Enforcement Officer shall have the right, at all times, to enter and inspect any manufactured home park, RV park and other premises used for the parking or placement of a manufactured home.
A. 
Revocation of manufactured home park and RV park permits.
(1) 
If the Town Code Enforcement Officer finds and reports to the Town Planning Board that a manufactured home park or a RV park for which a permit has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this chapter, the Town Planning Board shall, by resolution, authorize the personal service upon the holder of the permit of a written order which will require the holder of the permit to correct the conditions specified in such order within 15 days after the service of such order.
(2) 
If the holder of such permit shall refuse or fail to correct the condition or conditions specified in such order within 15 days after the personal service of such order, the Town Planning Board shall, by resolution, revoke such permit and the holder of the permit shall thereupon terminate the operation of such manufactured home park or RV park. If the permit is revoked, the manufactured home park owner shall be responsible for the relocation of tenants and all costs associated therewith, including costs incurred by the tenants, and the RV park owner shall have similar responsibilities associated with the relocating of the RVs.
(3) 
However, if the owner or operator of such manufactured home park or RV park shall thereafter correct such conditions and bring the manufactured home park or RV park into compliance with this chapter, such owner may then apply for the issuance of a new permit for such park; and if the application is approved and a permit is granted, the applicant shall pay to the Town Clerk the fee required by this chapter without any credit for the fee paid for the permit which was revoked.
B. 
Revocations of permits for manufactured homes outside of manufactured home parks.
(1) 
If the Town Code Enforcement Officer finds and reports to the Town Planning Board that any manufactured home located outside a licensed manufactured home park is not being maintained in accordance with the provisions of § 105-10C or D of this chapter, the Town Planning Board shall serve a written order upon the holder of the permit and/or owner of the manufactured home and/or the owner of the premises, directing that the condition or conditions herein specified be remedied within 15 days after the date of service of the order.
(2) 
If such condition or conditions are not corrected within the 15 days, the Town Planning Board shall revoke such permit. On revocation of the permit, the water supply and sewage disposal system shall be disconnected and the manufactured home shall be removed from the premises.
None of the provisions of this chapter shall be applicable to the following:
A. 
The business of manufactured home or RV sales, except that where units are used as living quarters, they shall conform with the provisions of this chapter.
B. 
The storage or garaging of RVs not being used for living or sleeping purposes within a building or structure or to the storage of one unoccupied RV on premises occupied as the principal residence by the owner of RV; provided, however, that such unoccupied RV shall not be parked or located between the street line and the front building line of such premises.
A. 
The following standards shall be used in determinations of acceptable similarity in appearance between manufactured homes and residences constructed on the site to assure that such manufactured homes will be compatible in appearance with site-built housing that has been or may be constructed in adjacent or nearby locations. Necessary information to enable such determination to be made shall be submitted with the application for a permit.
B. 
Minimum width of main body. Minimum width of the main body of the manufactured home as assembled on the site shall not be less than 20 feet, as measured across the narrowest portion.
C. 
Minimum roof pitch; minimum distance, eaves to ridge; roofing materials. The pitch of the main roof shall be not less than one foot of rise for each four feet of horizontal run. Minimum distance from eaves to ridge shall be 10 feet. In general, any roofing material may be used that is generally acceptable for housing built on the site, if applied in such a manner as to be similar in appearance.
D. 
Exterior finish; light reflection. Any materials that are generally acceptable for housing built on the site may be used for exterior finish if applied in such a manner as to be similar in appearance; provided, however, that reflection from such exterior shall not be greater than from siding coated with clean, white, gloss, exterior enamel.
E. 
Minimum dimensions parallel to principal street frontage. Class A manufactured homes shall be so located on lots that the portions nearest the principal street frontage are at least 30 feet in total dimension parallel to the street. Such dimension shall be measured from outer extremities, including eaves, and shall include any additions to the main body of the manufactured home, such as living or recreation rooms, garages, carports, utility rooms and the like, the front portions of which are within 10 feet of the front of the main body of the manufactured home.
F. 
Minimum floor area. Minimum floor area required for Class A designation shall be 1,200 square feet. Such floor area shall include that of any attached living area, but not the floor area of attached carports, garages, utility or storage rooms.
A. 
Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the Town Planning Board shall have the power to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of said chapter shall be observed, public welfare and safety secured and substantial justice done, provided that the variations and modifications granted are consistent with applicable state or federal regulations.
B. 
Any person, partnership, corporation or other entity which shall hereafter acquire an ownership interest in an existing manufactured home park or RV park shall deliver his name and address to the Town Clerk within 10 days of acquisition of such interest. The Town Clerk shall then issue an amended permit which shall indicate the new ownership interest.
Any person, partnership, association or corporation who or which violates any provision of this chapter shall be guilty of a violation and subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both fine and imprisonment. When a violation of any of the provisions of this chapter is continuous, each week or portion thereof shall constitute a separate and distinct violation.