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.
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.
[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.
[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.
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.
Any permit granted pursuant to this chapter shall be nontransferable.
No travel trailer, motorized home or camping trailer shall be inhabited
or used for living or sleeping quarters within the Village for more than seven
days unless the same shall be located in an approved mobile home park.
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.