Town of Queensbury, NY Chapter 113 Manufactured Home Parks

[HISTORY: Adopted by the Town Board of the Town of Queensbury 3-7-2022 by L.L. No. 3-2022.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 113, Mobile Homes, comprised of Art. I, Mobile Homes and Mobile Home Courts, adopted 7-23-1964 by Ord. No. 12, as amended; and Art. II, Mobile Home Parks, adopted 2-11-1986 by L.L. No. 1-1986, as amended.

§ 113-1 Title.

This chapter shall be known as "Manufactured Home Parks."

§ 113-2 Purpose.

The purpose of this chapter is to encourage the well-planned development of manufactured home parks and to provide safeguards and protection for the safety, health and welfare of the occupants of such parks by establishing specific requirements governing the occupancy and maintenance of manufactured home parks. It is also the purpose of this chapter to regulate certain uses of motor homes and/or campers within the Town of Queensbury to further promote and protect the health, safety and welfare of the occupants thereof as well as the community.

§ 113-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CAMPER

A recreational vehicle used for temporary living mounted on a mobile frame, not on a fixed foundation and registered by the New York State Department of Motor Vehicles.

MANUFACTURED HOME LOT

A designated site within a manufactured home park for the exclusive use of the occupants of a single manufactured home.

MANUFACTURED HOME PARK

A parcel of land planned and improved for the placement of two or more manufactured homes or mobile homes for occupancy.

MANUFACTURED/MOBILE HOME

As defined in Chapter 179, Zoning. Any addition to such manufactured/mobile home shall, for the purpose of this chapter, be deemed to be a part of such manufactured/mobile home. The term "manufactured home" is used throughout this chapter while the term "mobile home" is used elsewhere in the Queensbury Town Code. These terms are synonymous.

MOTOR HOME

A recreational vehicle used for temporary living which is equipped with a motor.

PERSON

Includes a natural person, a partnership, corporation or association of persons.

§ 113-4 Site plan review; additional application requirements.

A. No person may operate any new manufactured home park within the Town of Queensbury unless it is located in a Mobile Home Overlay District as described in Queensbury Town Code § 179-4-020 and such person first obtains site plan approval from the Queensbury Planning Board pursuant to Chapter 179, Article 9, of the Town Code.

B. Site plan applications pursuant to this chapter must comply with the requirements set forth in Chapter 179, Article 9. In addition, manufactured home park site plans shall also include:

(1) The layout of the proposed park showing the park boundary, manufactured home lot lines, parking areas, recreation and open spaces, easements and rights-of-way, existing man-made features including power lines, pipelines, buildings and structures. In addition, such map shall delineate any portion of the park located within a designated 100-year floodplain.

(2) All proposed changes to existing subsurface drainage patterns.

C. Applicants shall submit with their applications a copy of all contemplated park rules, regulations and covenants.

D. If community facilities, such as laundry rooms, swimming pools, meeting rooms and recreation buildings, are to be provided as a part of the park, applicants shall submit, as part of their site plan application, plans showing the design, landscaping, parking and circulation relative to such facilities. In addition, the applicant shall demonstrate that there will be adequate supervision and management of such facilities to the Planning Board's satisfaction.

§ 113-5 Manufactured home park standards and requirements.

A. Site size and location. Manufactured home parks shall comprise at least 10 acres of land.

B. Natural features. Topography, groundwater level, surface drainage and soil conditions of the site shall be of a character that will not create hazards to the property or to the health and safety of the occupants. No developed portion of the site shall be subject to excessive settling or erosion. A sloping site should be graded to produce terraced lots for placement of the manufactured home units, and, in general, units should be placed parallel rather than perpendicular to slopes.

C. Surface drainage. All parks shall be graded to prevent ponding of surface water. No structure or manufactured home shall be located on any land within a 100-year floodplain area, as determined by the United States Army Corps of Engineers or other official agencies.

D. Soils. Soils should have sufficient bearing and stability properties to provide adequate support for manufactured home installations. Topsoil should be of sufficient depth to sustain lawns, trees and other vegetation.

E. Natural features. Existing tree masses and other notable existing natural features shall be retained as much as possible in the site plan, and densities shall be reduced, if necessary, to permit such retention.

F. Lot layout and placement. Manufactured homes may be positioned in a variety of ways within a park, provided that the following requirements are met:

(1) Lot setback. No portion of any lot shall be located within 25 feet of any front, side or rear boundary line, and no portion of any lot shall be located within 100 feet of any boundary which adjoins a public road. Unless specifically authorized by the Planning Board, the natural vegetation within the areas above provided shall be maintained and not removed, in order to provide natural screening from adjoining properties and public roads. Additional screening may be required.

(2) Density. The density of development in a manufactured home park shall not exceed 5.5 units per gross acre. There shall be no more than one home per lot.

(3) Minimum lot size. Manufactured home lots shall be a minimum of 6,000 square feet in area and shall have a minimum width of 55 feet.

(4) Manufactured home unit setbacks shall be as follows:

(a) Minimum front yard (measured from manufactured home lot line): 20 feet.

(b) Minimum side yard (measured from manufactured home lot line): 10 feet.

(c) Minimum rear yard (measured from manufactured home lot line): 15 feet.

G. Vehicular circulation and storage.

(1) Road construction. Roadways within a manufactured home park shall not be fewer than 30 feet in width, and any entranceway from the manufactured home park to a public road shall not be fewer than 50 feet in width for a distance of 100 feet from the public road.

(2) Parking. Two off-street parking spaces shall be provided for each manufactured home lot. Such spaces may be located on the individual lot or grouped within the manufactured home park to serve several manufactured home lots. Parking spaces shall consist of a hard, firm and durable surface.

(3) Auxiliary vehicle storage. A temporary parking or storage area for travel trailers, campers, snowmobiles and similar auxiliary vehicles shall be provided for the use of the park residents. This provision shall not apply where the application prohibits auxiliary vehicle storage by park rules and regulations.

H. Park access. Manufactured home parks containing more than 50 units shall provide for a minimum of two independent connections with existing public streets. Such connections shall be designed to allow fire, ambulance and other emergency vehicles access to the park, even if one connection is closed. One such entrance may be gated if breakable locks, approved by the fire district within which the park is located, are installed.

I. Manufactured home sales areas. The display and commercial sale of manufactured homes shall not be permitted within a manufactured home park, except that a maximum of four manufactured homes may be displayed or located on lots meeting the requirements of this chapter and used as sale models.

J. Manufactured home lot.

(1) Support of the manufactured home lot. Each manufactured home lot shall be provided with a stand which will give a firm base and adequate support for the manufactured home. Such stand shall have a dimension equal to the width and length of the home and any expansions or extensions thereto. The stand area shall be graded to ensure adequate drainage but in no event shall the grade variance exceed six inches from one end of the stand to the other.

(2) Fencing. If fencing of individual lots within the manufactured home park is to be provided by the manufactured home occupant, standards shall be established by the park owner to ensure consistency of design, size and location.

(3) Lighting. All manufactured home park roads and lots and facilities shall be furnished with adequate lights to ensure the safe movement of vehicles and pedestrians at night. Such lighting shall be placed to minimize glare. Electric service to such lights shall be installed underground.

K. Sanitary facilities. All manufactured home park sanitary facilities shall comply with the requirements of Chapter 136 of the Queensbury Town Code. All proposed sewage disposal systems shall be designed by a licensed professional engineer.

L. Refuse. Garbage cans with tight-fitting covers shall be provided in quantities adequate to provide disposal of all garbage and rubbish generated within the park. Garbage cans shall be located no farther than 200 feet from each manufactured home lot. 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 the garbage cans shall not overflow.

M. Electrical. Each manufactured home park shall provide weatherproof electric service connections and outlets for each lot, all such connections and outlets to be of a type approved by an appropriate electrical inspection agency under Chapter 80, Electrical Standards.

N. Water supply.

(1) Manufactured home parks within a water district shall be connected to said public water supply system. Outside a water district, a community water system which shall meet all requirements of the New York State Public Drinking Water Standards may be permitted.

(2) All community water systems and all connections, distribution methods and materials used by a manufactured home park within a water district shall be approved by a licensed professional engineer.

O. Fuel system. All manufactured home parks shall be provided with facilities for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.

§ 113-6 Waiver.

In determining the content of the site plan and supporting documentation, the Planning Board may waive certain requirements if the Planning Board deems such requirements or information unnecessary for the type of project proposed. Any such waiver shall be made in writing, and shall contain statements of the reasons why the waived information requirements are not necessary for an informed review under the circumstances. The Planning Board may grant such waivers on its own initiative or at the written request of an applicant. Such request shall set forth the specific requirements that are requested to be waived and the reasons for the requested waiver.

§ 113-7 Park operation and maintenance.

A. Restrictions on occupancy.

(1) In any manufactured home park, no space shall be rented for the placement and use of a manufactured home for residential purposes except for periods in excess of 60 days. This restriction shall not apply to manufactured homes relocated within the manufactured home park.

(2) No manufactured home manufactured after January 15, 1974, shall be admitted to any park unless it bears the seal issued by the State of New York and required by Chapter D, Article 3, of the New York State Uniform Fire Prevention and Building Code.

B. Responsibilities of park operator.

(1) The owner and/or operator of a manufactured home park shall comply with this chapter and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.

(2) The park operator shall notify park occupants of all applicable provisions of this chapter and shall inform them of their responsibilities and any regulations issued thereunder.

(3) No auxiliary vehicle, such as travel trailers, campers or snowmobiles, may be parked or stored on a manufactured home lot, parking area, driveway or roadway for more than 48 hours.

(4) Manufactured home installation. At the time of installation of each manufactured home, the tires and wheels and the hitch, if possible, shall be removed, and the unit shall be securely blocked, leveled and connected to the required utility systems and support services.

(a) Skirting. The manufactured home shall be completely skirted within 120 days of occupancy.

(b) Entrance steps. Entrance steps shall be installed at all doors leading to the inside of the manufactured home. Such steps and any necessary handrails shall be constructed of materials and meet the requirements for one-family dwellings set forth in the New York State Uniform Fire Prevention and Building Code.

(5) Sewer connections in unoccupied lots shall be closed so that they will not emit any odors nor cause a breeding place for insects.

(6) Manufactured home parks shall be kept free of litter, rubbish and other flammable materials.

(7) The park operator shall inspect the placement of each manufactured home on its manufactured home stand and the installation of all utility connections.

§ 113-8 Preexisting manufactured home parks.

All manufactured home parks lawfully in operation prior to the effective date of this chapter may be continued, but no such manufactured home park may be altered, extended or enlarged on or after the effective date of this chapter unless all necessary approvals are obtained including site plan approval in accordance with Chapter 179, Article 9, of the Town of Queensbury Town Code and the provisions of this chapter. Any preexisting manufactured home park that ceases to be operated as such for a period of one year shall not be considered a preexisting manufactured home park.

§ 113-9 Exceptions.

A. Mobile home businesses. None of the provisions of this chapter shall be applicable to the business of manufactured home sales.

B. Field office. None of the provisions of this chapter shall prevent use of a motor home or camper as a field office or tool house when located at the site of and used in connection with a construction project, survey project or other similar work project, provided that such motor home or camper is removed from said site within 30 days after the completion of such project.

C. Use of motor homes or campers on vacant land. This chapter shall not prevent the use of a motor home or camper on an otherwise vacant parcel of land to be used during construction of a single-family dwelling provided construction of single-family dwelling begins within one year of placement of the motor home or camper.

D. Use of motor homes or campers on improved land. This chapter shall not prevent the temporary use of a motor home or camper on land improved by a residence provided that the owner of the motor home or camper uses the home as his or her residence and further provided that the motor home or camper may not be placed between the street and the front building line of the premises at issue. For purposes of this provision, "temporary use" means use for no more than 30 days.

E. Storage of motor homes or campers on improved land. This chapter shall not prevent the owner and resident of land to store his or her motor home or camper at such premises indefinitely. For purposes of this provision, a motor home or camper is deemed stored where it is disconnected from all utilities and is unused. Such motor home or camper shall not be placed between the street and the front building line of the premises at issue.

§ 113-10 Enforcement officer.

This chapter shall be enforced by the Town of Queensbury Department of Building and Codes Enforcement and any designated representative thereof. Whenever it appears to such enforcement officer that a violation of this chapter has occurred, he or she may deliver, by hand delivery or regular mail to the owner of such park, a written order identifying the violation and directing remedial action.

§ 113-11 Penalties for offenses.

Any person who shall fail to comply with a written order of the enforcement officer shall be guilty of offense violation punishable in the following manner:

A. A fine of not more than $950 for the first offense, by a fine of not more than $950 or by imprisonment for not more than 15 days, or both, for the second offense or for any subsequent offenses.

B. If the violation requires the abatement or maintenance be performed by the Town or by its designee or agent, including a private contractor lawfully engaged and authorized by the Town, such expense shall be assessed against the record owner of the property. The expense so assessed shall constitute a lien in charge on real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner as other Town charges. Such assessments shall be made in accordance with Article 15 of the Town Law.

C. A civil penalty in the sum of $950 per violation. Each week or any portion thereof that such a violation continues shall constitute a new and different violation for purposes of assessment of penalties.

D. The imposition of such fines and/or penalties shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. The commencement of any action or proceeding authorized by this provision shall not constitute an election of remedies and the Town shall be free to pursue any and all avenues of relief whether successively or concurrently.

§ 113-12 Interpretation.

A. The provisions of this chapter shall supersede local laws, ordinances, codes or regulations to the extent they are inconsistent with the provisions of this chapter, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishing a higher standard than those provided in this chapter, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.

B. In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire, safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.