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:
MANUFACTURED HOME
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 (29.7 m2) 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 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.
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.
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.
(8) Any public improvements proposed by the Town in or
adjoining the proposed park.
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.
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.
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.