[HISTORY: Adopted by the Board of Trustees of the Village of Rouses Point 11-5-1973; amended in its entirety 7-20-1981 by L.L. No. 5-1981. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Municipal electrical system — See Ch. 64.
Fire prevention and building construction — See Ch. 72.
Flood damage prevention — See Ch. 74.
Sewers — See Ch. 94.
Water — See Ch. 118.
Zoning — See Ch. 120.
It is the intent of this chapter to provide for the orderly growth of the Village with respect to the location and placement of mobile homes in the Village and to regulate the location and placement of mobile homes and to regulate certain lot sizes involved while at the same time protecting the rights and values of all property owners and inhabitants of the Village and protecting and providing for the overall police and fire protection and general health, safety and welfare and well-being and appearance of the Village and its inhabitants.
[1]
Editor's Note: Section 2 of L.L. No. 5-1981 reads as follows: "This amendment to Chapter 83 of the Code of the Village of Rouses Point shall not affect the following classes of liabilities, rights, obligations, duties, prosecutions or enforcements for violation or any violations which are hereby expressly saved from repeal:"
"(a) Any right or liability established, accrued or incurred under the prior legislation known as Chapter 83 of the Code of the Village of Rouses Point prior to the effective date of this law, but subsequent to the effective date of said prior Chapter 83, which date was November 5, 1973, or any action or proceeding or right to bring any action or proceeding for the enforcement of such right or liability or enforcement of said Chapter 83. "
"(b) Any offense or act committed or done before the effective date of this local law in violation of the prior legislation known as Chapter 83 of the Code of the Village of Rouses Point and punishment, judgment or forfeiture which may result therefrom. "
"(c) Any prosecution, indictment, action, suit or other proceeding now pending or right to prosecute for same which occurred prior to, or any judgment rendered prior to the effective date of this local law brought pursuant to any provision of the said prior legislation known as Chapter 83 of the Code of the Village of Rouses Point."
For the purposes of this chapter, the following terms shall have the following meanings:
LOT
A vacant tract of land owned as a separate parcel or separate tract of land, separate in description or legal title from all the adjoining tracts of land.
LOT SIZE
That area of square footage encompassed by the lot, excluding, however, all areas of rights-of-way and/or ownership by the municipality for any road, street or highway over or upon any portion of said lot. Unless a current survey prepared by a duly licensed surveyor of the State of New York is provided by the applicant, the size of the lot shall be defined as shown on the current Tax Map of the County of Clinton for said lot, reduced, however, for the size of any roads, streets or highways upon said lot or any portion thereof.
MOBILE HOME
A structure or unit designed or constructed or built to be towed or transported on its own chassis, either on its own wheels or on wheels of another vehicle or structure, and comprised of a frame, either with or without wheels, and designed without a permanent foundation. Such a structure or unit may contain parts that may be folded, collapsed or telescoped when being towed or transported and expanded later to provide additional cubic capacity. Such a structure or unit may also be comprised of two or more separately towable components designed to be joined into one integral structure or unit capable of being again separated into the components for repeated towing and transportation. This definition shall exclude travel trailer motorized homes and camping trailers, provided that the same shall not be inhabited or used as living or sleeping quarters.
MOBILE HOME PARK
A tract of land which is used or intended to be used for the parking or placement of two or more mobile homes.
MOBILE HOME STAND
The area of placement of a mobile home or travel trailer or motorized home or camping trailer inside an approved mobile home park.
MODULAR HOME
A house that has been constructed off-site and is transported to the site of permanent placement in sections.
SIDE OF STREET
That outside edge of the street, road or highway of any municipal or state right-of-way or ownership in fee as determined or measured from the center line of said street, road or highway.
VACANT
Unimproved without any principal or accessory structures erected or constructed upon or thereon, whether or not said structures are or are not currently inhabited or used for any purpose whatsoever.
VILLAGE
The Village of Rouses Point, County of Clinton, State of New York.
[Added 4-21-1997 by L.L. No. 3-1997]
A. 
Requirements.
(1) 
No mobile home shall be placed upon any land within the Village of Rouses Point without first obtaining from the Village the mobile home placement permit herein required.
(2) 
No mobile home shall be placed or allowed to be placed upon any land within the Village unless said land shall be a lot as defined herein and unless said lot shall be vacant as defined herein and unless said lot size defined shall be equal to or exceed 10,000 square feet in an area with a minimum front footage on a municipal street or state road of 75 feet in length and with a minimum setback from the side of each street to the mobile home of 30 feet and with a minimum side yard clearance of 15 feet as measured from the mobile home to the side of each adjoining tract of land or side of all street if said lot is a corner lot as the case may be. All measurements as required to determine the distance shall be made from the outer extremities of the mobile home or the outermost part of such mobile home, and any additions to or extensions to or attachments to said mobile home shall, for the purpose of this chapter, be deemed to be part of said mobile home.
(3) 
No more than one mobile home shall be placed or allowed to be placed upon any said lot within the Village.
(4) 
Every applicant who seeks to have any mobile home placed upon land within the Village of Rouses Point shall apply for the mobile home placement permit and supply the information and documentation to the Village required.
B. 
Application, procedure and information required.
(1) 
The application for the mobile home placement permit shall contain the following:
(a) 
A description of the lot upon which said mobile home is sought to be placed, sufficient to allow easy identification, together with any copies of deeds requested for the same by the Village.
(b) 
The applicant shall be the owner of the real property who shall sign the application.
(c) 
A sketch of the lot drawn to scale or a correct survey as defined showing the proposed mobile home placement upon said lot and showing all structures located within 100 feet of the boundaries of said lot or upon said lot and the distances and measurements of the structures to and the distances and measurements of the lot and setback and side yard distances.
(d) 
All information regarding the size of the mobile home, its make, model and serial number, if any.
(e) 
All information as required on the permit application form.
(2) 
All applications for a mobile home placement permit shall be made upon the official form required by the Village, and all completed applications, with required documentation, shall be submitted to the Village Clerk or other Village-designated official.
C. 
Mobile home site regulations and requirements. Each mobile home so allowed by permit to be placed in accordance with this chapter shall be:
(1) 
Placed upon a permanent foundation or a poured concrete slab with a minimum of six tie-down positions for anchoring said mobile home.
(2) 
Placed upon the lot at a grade height so that rainwater and surface water shall run off and drain away from the trailer and not interfere with the adjoining properties.
(3) 
Placed upon the lot in such a manner that once utilities are connected, then the installation of the same shall be permanent. Said utilities shall be installed as directed by the Village Clerk or Public Works Superintendent or their designated representatives, and all permits required for the utilities connection shall first be obtained by the applicant.
(4) 
Within 60 days of placement on a lot, each mobile home shall be equipped with a skirt of metal, fiberglass or suitable fire-retardant material, properly ventilated, when said mobile home is not constructed upon a permanent foundation.
(5) 
Hazardous material (combustible) shall not be stored beneath the mobile home.
(6) 
No storage shed or other structure other than a porch or partition shall be placed within 15 feet of the exterior wall of any mobile home.
(7) 
Sewer piping shall be maintained in good repair and free of leakage.
(8) 
Upon placement, each mobile home shall be equipped with ingress and egress facilities (steps) at the main entrance.
[1]
Editor's Note: Former § 83-3, Permit required; application procedure, was superseded 12-5-1994 by L.L. No. 5-1994.
[Added 4-21-1997 by L.L. No. 3-1997]
A. 
The Village Clerk, or said other Village employee designated by the Village Board of Trustees, upon a receipt of a properly completed application for any permit as required by this chapter, together with any documentation so required, shall transmit the same to the Village Zoning Board of Appeals for consideration in its normal course of business during a regular or special meeting.
B. 
At the same time, said official shall cause to be posted on the official bulletin board in the Village offices notice of any such application for any permit for a mobile home placement or any such application for a permit for a mobile home park. Such notice may state in summary manner the particulars involved with regard to said application so as to inform the public.
C. 
The Village Zoning Board of Appeals shall consider any such application for any permit required by this chapter only after five business days, excluding holidays, have elapsed from the date of posting the hereinabove requested notice.
D. 
The Village Zoning Board of Appeals may call a special meeting and public hearing regarding any said application if the same is deemed to be in the overall public interest.
E. 
The Village Zoning Board of Appeals shall make a decision within 30 days of the date of filing the completed application form and required documents. Said decision shall be made only after the public shall be allowed to be heard and comment upon said application.
F. 
Said decision of the Village Zoning Board of Appeals shall be based on all relevant factors, including the health, safety, comfort and general welfare of the Village and the inhabitants and properties surrounding the proposed placement site or mobile home park site as the case may be.
G. 
In the event that said proposed placement does not comply with this chapter, the permit shall be denied and the reasons for denial thereof shall be stated.
H. 
Any permit granted hereunder shall be conditioned upon the applicants also obtaining and complying with the requirements for all permits for the installation of the appropriate electrical, water and sewerage lines and facilities and also conditioned upon the applicant complying with any other provision made part of the permit grant and any condition or provision of or rules and regulations of the County Health Department, as the case may be.
I. 
Said decision of the Village Zoning Board of Appeals must also comply with the requirements of § 120-53 of this Code and § 7-712-b, Subdivision (2) of the Village Law.
[1]
Editor's Note: Former § 83-4, Hearing procedure for permits, was superseded 12-5-1994 by L.L. No. 5-1994.
[Added 4-21-1997 by L.L. No. 3-1997]
Notwithstanding any other requirements set forth above in § 83-3A(2), (3) and C of this chapter, concerning the placement of mobile homes, the Village Zoning Board of Appeals may grant and allow permits for the temporary placement of a mobile home, provided that the same shall be used temporarily and only for construction purposes or educational purposes or scientific purposes, and provided that the temporary placement of said mobile home shall not unduly interfere with or be a danger to the comfort, health, safety, welfare or well-being of the surrounding property owners and surrounding inhabitants of the Village. Said temporary permits shall not exceed six months duration.
[1]
Editor's Note: Former § 83-5, Temporary permits, was superseded 12-5-1994 by L.L. No. 5-1994.
[1]
Editor's Note: Former § 83-6, Variance permits, was superseded 12-5-1994 by L.L. No. 5-1994. For current provisions, see Ch. 120, Zoning.
The Village Board shall revoke any permit granted hereunder if it is satisfied that any provisions of this chapter or permit or variance conditions have been violated or that the applicant has falsified or made an error in or not complied with the specifications used or information submitted with his application.
[1]
Editor's Note: Former § 83-8, Mobile home parks, was superseded 12-5-1994 by L.L. No. 5-1994. For current provisions, see Ch. 120, Zoning.
A. 
Every applicant who seeks to establish a mobile home park within the Village shall apply for a mobile home park permit and shall supply the information and documentation required to the Village.
B. 
Application procedure and information required.
(1) 
Applications for the mobile home park permit shall contain the following:
(a) 
A legal description, by metes and bounds, of the property upon which the proposed mobile home park will be located, or an existing mobile home park extended, together with copies of deeds for the same as may be required by the Village.
(b) 
A plot plan or sketch drawn to scale showing the proposed park or extension thereof, as the case may be, including the number and size of the lots, mobile home stand locations, recreation areas, accessory buildings and service buildings and recreational area, location of present and proposed water, sewer and electrical lines and facilities and all present and proposed internal and access streets and roads and the lot lines and locations of all abutting land and the owners and present use of all abutting land and location of all structures located upon the premises and within 100 feet of the boundaries of the proposed mobile home park and the location of the land features including, but not limited to, streams, creeks and areas subject to flooding.
(c) 
All information as required on the application form.
(2) 
All applications for a mobile home park permit shall be made upon the official form required by the Village and all completed applications with required documentation shall be submitted to the Village Clerk or the other Village designated official.
(3) 
The hearing procedure for the granting of permits for a mobile home park or extension of a mobile home park shall be in conformance with all the requirements of § 83-4 of this chapter.
No Village utilities of sewerage, water or electricity shall be connected to or allowed to be connected to any mobile home or mobile home park or mobile home park site unless said mobile home owner or mobile home park owner, as the case may be, shall have a valid and unrevoked permit as required by this chapter.
[Amended 4-21-1997 by L.L. No. 3-1997]
Any nonconforming use existing prior to the effective date of this chapter concerning a mobile home or mobile home park which shall have been in existence and was so occupied or used at the time of adoption of this chapter and which was a valid nonconforming use and which was not in violation of the prior Chapter 83 or the Village Code which this chapter is amending shall continue to remain a nonconforming use while so used or occupied, but if any such mobile home or mobile home park, as the case may be, shall be removed or should the same be abandoned or discontinued for six months or more, then said nonconforming use shall cease. If a mobile home is replaced, as authorized by this section, then the new mobile home must meet all the requirements of § 83-3 of the Village of Rouses Point Code.
Any person committing a violation of any provisions of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York and shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each 24 hours shall be deemed a distinct and separate violation.