[HISTORY: Adopted by the Town Board of the Town of Southport 7-8-1975 by L.L. No. 1-1975 (Ch. 28 of the 1975 Municipal Code). Amendments noted where applicable.]
This chapter shall be known as the "Mobile Home Park Ordinance of the Town of Southport, Chemung County, New York."
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Southport, Chemung County, by the more efficient regulations of mobile home parks and the occupancy of mobile homes.
When used in this chapter, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- CAMP COTTAGE OR CABIN
- Any building of whatsoever material constructed, designed or equipped to be used or used for living, sleeping, or eating by transient or seasonal occupants only.
- HOUSE TRAILER
- Any vehicle designed, modified or equipped to be used or used for
living or sleeping quarters or for any commercial or industrial use and designed
to move or be moved from place to place on wheels and to be propelled by its
own power or drawn or propelled by another vehicle, with the exception of
cargo storage trailers in Industrial I-2 Zones only which shall be excluded
from this definition of "house trailer."[Amended 10-13-1992 by ordinance (Res. No. 216-92); 4-13-1993 by ordinance (Res. No. 95-93)]
- MOBILE HOME
- Any house trailer, tent, tent house, cabin or camp cottage designed
or modified for use by a single family or for a commercial or industrial use.[Amended 10-13-1992 by ordinance (Res. No. 216-92)]
- MOBILE HOME PARK
- Means and is the same as house trailer camps, tourist camps or similar establishments as is described in §§ 130 and 136 of the Town Law, and which shall also mean any lot, piece or parcel of ground on which are located or which is offered to the public for the location of two or more occupied house trailers or mobile homes.
- MOBILE HOME SPACE
- A plot of ground within a mobile home park designed for the accommodation of one mobile home.
- A mobile home park.
- TOURIST CAMP
- Any lot, piece or parcel of ground on which are located, or which is offered to the public for the location of two or more tents, tent house, cabins, camp cottages or other buildings designed or used for sleeping facilities other than permanent homes.
No person or persons being the owner or occupant of any land or premises within the Town of Southport shall use or permit the use of such land or premises for:
The establishment or maintenance of a mobile home park until a license for the establishment or maintenance of such mobile home park has been obtained as hereinafter provided; and after the issuance of such license, such parks shall not be maintained or operated other than in accordance with the applicable laws and terms of this chapter.
The parking of any mobile home for the purpose of the same being used for living, sleeping or eating therein, except as hereinafter provided.
No person or persons being the owner or occupant of any mobile home shall park or otherwise locate said mobile home upon any premises within the Town of Southport for the purpose of using the same for living, sleeping or eating quarters nor shall any such person use or occupy any mobile home for living, sleeping or eating therein, except in a duly authorized mobile home park, except as hereinafter provided.
A license for the establishment and operation of a mobile home park in the Town of Southport shall be issued or denied in accordance with the procedure herein specified.
Verified written application required. The applicant, who proposes to operate or maintain the said mobile home park, must file with the Southport Town Clerk a verified written application for such license in triplicate, and if such applicant or applicants are not the owners of the property upon which it is proposed to operate said park, such application shall also be signed by the owner or owners of the property and shall be accompanied by a certified check for the amount of the fee required by this chapter.
Information required. The application must contain the following information:
The name and address of the applicant, the names and addresses of the partners if a partnership, and the names and addresses of the officers if a corporation and its principal place of business.
The name and address of the owner of the premises upon which the park is to be located and the present use which is being made of the premises.
The interest of the applicant in said premises if not the owner thereof.
A description of the boundaries of the land or premises upon which the park is to be located in a manner sufficient to identify the land or premises as in a deed of conveyance.
A park plan in the form of a land survey showing the direction of magnetic north and drawn to scale which plan must show the following:
The locations and name of all adjacent or adjoining streets, right-of-way or highways and their existing widths and nature of construction.
The names of the record title holders of all adjacent property.
The exact layout and dimensions of each mobile home space.
The exact layout of all streets and driveways, their widths, and the specifications of proposed construction.
The locations of all required services and other improvements and facilities such as playgrounds, swimming pools, or recreation areas.
A complete statement showing the proposed method of sewage disposal or removal, the water supply, erosion and sediment control measures and stormwater management facilities as required by a stormwater pollution prevention plan, electric and gas service, the design of all toilets, washrooms, laundry rooms, and all other service required by this chapter.
[Amended 4-12-2005 by ordinance (Res. No. 105-2005)]
Referral to County Health Department. Upon receipt of each application the Town Clerk shall immediately notify and send one copy of the application to the Chemung County Health Department and request that it make an investigation into the facts and circumstances whether the proposed sewage disposal or removal system, the water supply, and the proposed service buildings meet the minimum required standards prescribed by the Chemung County Health Department or that of the State of New York; after completing its investigation it shall report its findings in writing to the Town Clerk. If at the time of processing any application the Chemung County Health Department shall refuse or fail to act in conducting its investigations then in the event of such refusal or failure the Town Clerk shall immediately notify the Town Board of the Town of Southport of said matter and the Town Board shall then designate and employ such engineers and licensed physicians as the Board deems are necessary to make such investigations who shall also report their findings to the Town Clerk.
Payment of fee. Any fee, service charge, or cost for such investigation must be paid for by the applicant, and in no event will any license be issued until proof of payment is made to the Town Clerk.
Referral to Town Planning Board. The Town Clerk also shall immediately send another copy to the Planning Board of the Town of Southport which is directed by this chapter to make a study of said application and make its written recommendations to the Town Clerk whether the layout of the park plan is suitable for the operation and maintenance of a mobile home park; whether the driveways, streets and walkways are of suitable grade; whether adequate recreational facilities and area are provided in the plan and for the proper comfort, convenience, safety, health and welfare of the inhabitants of the Town of Southport.
Public hearing before Town Board. Upon receipt of the reports from the Chemung County Health Department and from the Planning Board the Town Clerk shall immediately notify the Town Board which shall call a public hearing to consider the application and the Town Board shall give the applicant at least five days' written notice of the time and place of the public hearing.
Issuance or denial of license. Upon approval of the application by the Town Board, the Town Clerk shall forthwith issue a license to be effective from and after the date of issuance to and including the 31st day of December next succeeding the date of issuance. If such application is not approved, the Town Board shall certify the reason for its action and such decision shall be filed with the Town Clerk who shall immediately notify the applicant of the decision of the Town Board.
Any license issued pursuant to the terms of this chapter shall be assignable only with the consent of the Town Board.
The holder of any license may, between the 15th and 31st of December of each year, apply for a renewal thereof for the following year by filing with the Town Clerk a verified application on forms provided for that purpose. If it shall appear that any change or alteration has been made in the park plan as filed with the Town Clerk, no renewal license shall be issued by the Town Clerk until such time as the Town Board shall approve such change or alteration of the park plan. The Town Board in considering such approval may follow the same procedure provided for in § 352-7 for the issuance of a license.
Notice to correct violation. If the Code Enforcement Officer upon inspection finds that such mobile home park is not being maintained in a clean and sanitary condition, or that such park is not being conducted in accordance with the regulations applicable to such park and the provisions of this chapter, he shall serve upon the holder of such license or the person in charge of such park an order in writing directing that the conditions therein specified be remedied within five days after the service of such order.
Failure to comply; referral to Town Board. If, after the expiration of such period, such conditions remain unchanged or are not corrected in accordance with said order, the Code Enforcement Officer shall serve a notice in writing upon such park owner or the person in charge of such park requiring the holder of such license to appear before the Town Board of the Town of Southport at a time to be specified in such notice, not less than 24 hours, and show cause why such license should not be revoked.
Revocation after hearing. The Town Board may, after a hearing at which the testimony and witnesses of the Code Enforcement Officer and the holder of such license shall be heard, revoke such license if the conditions described in the original order have not been corrected in accordance with the terms of such order of if the holder of such license has violated the regulations applicable to such park or has violated any of the provisions of this chapter, or for other sufficient cause.
Termination of use. Upon the revocation of such license, the premises shall forthwith cease to be used for the purpose of such park and all trailers shall be removed therefrom.
Automatic suspension. The commission of any felony or misdemeanor on the licensed premises herein automatically suspends the license described herein.
Hearing before Town Board. The licensee shall be entitled to a hearing before the Town Board on said suspension within seven days after the service of a notice of such suspension upon him, at which time evidence shall be taken and the licensee given opportunity to be heard and appear by his attorney and after hearing the evidence of the Town Board may, on the record of the hearing and all the facts brought forth, determine to suspend, revoke or restore said license.
Service of notice. Such notice to the licensee shall be given to him personally, or in his absence, by posting the said notice of suspension in some conspicuous place upon the licensed premises.
Fees. The Town Clerk shall receive a fee of $1 per year per each and every lot contained within a given mobile home park with a minimum fee of $50 per year for each license or renewal license issued by him; provided that if the original license be issued on or after April 1, the fee shall be 3/4 of the fee herein provided for; and if issued on or after July 1, the fee shall be 1/2 of the fee herein provided for and if issued on or after October 1, the fee shall be 1/4 of the fee herein provided for.
[Amended 10-13-1981 (Res. No. 155-81]
Payment of expenses. That in addition to the aforesaid fee the applicant shall also pay for expenses, if any, for the investigation conducted pursuant to § 352-7 as therein provided, and the applicant shall also pay for the cost of publication for the public hearing held pursuant to § 352-7 of this chapter and shall provide proof of payment, all of which must be paid before any license will be issued pursuant to the terms of this chapter.
The following minimum requirements shall be maintained at all times:
The park shall be located on a well-drained site properly graded to insure rapid drainage and freedom from stagnant pools of water.
Mobile home spaces shall be provided consisting of a minimum of 5,000 feet for each space which shall be at least 35 feet wide at the narrowest point. There shall be no more than an average of eight spaces per acre in the mobile home park.
The minimum size of any mobile home park shall be at least five acres.
Space for the parking of one automobile must be provided for each mobile home space adjacent to it.
All mobile home spaces shall abut upon a driveway of not less than 20 feet in width, which shall have unobstructed access to a public street or highway.
Walkways of not less than two feet wide shall be provided to the service building.
All driveways and walkways within the park shall be of suitable grade and hard surfaced.
All driveways and walkways within the park shall be lighted at night with electric lamps of such candle power and so situated as may be directed by the Planning Board.
The design of the park not be barracks-like in nature and not designed on the gridiron pattern with identical rectangular spaces. The angling of spaces and the clustering of mobile homes around culs-de-sac should be used. Should this latter type of design be hampered by the minimum space size of 5,000 feet and space width of 35 feet, the Town Board, upon the recommendation of the Planning Board, shall have the authority to waive those two requirements.
All spaces shall have a patio convenient to the entrance of each mobile home of a minimum size of 180 square feet.
Consideration in each instance shall be given to the construction of all utilities underground and the Town Board, upon the recommendation of the Planning Board, may require that all utilities be underground.
Each park plan shall be provided with approved sewer and water connections to existing public sanitary sewer and water systems of the Town or of any district therein if available.
Each mobile home space must be supplied with sufficient pure running water from approved water service facilities or a sufficient supply of pure water must be available in conveniently located building from approved type of water faucets or drinking fountains, and no drinking fountain shall be placed in any toilet room.
Each park plan shall be provided with service buildings in which shall be installed water closets, placed in separate compartments properly separated from any other water closet, each compartment being not less than three feet wide enclosed with proper partitions in the ratio of one water closet for every 15 females or less, and one water closet for every 20 males or less, in addition to one urinal for every 30 males or less. No licensee shall accommodate at any time, mobile homes occupied by persons of either sex in excess of the minimum toilet facilities for such sex in such park plan.
Each service building shall contain for each sex one lavatory or wash basin and one shower or tub for every 20 persons or less and one slop sink or basin for each 60 persons or fractions thereof.
Each service building shall contain reasonable laundry facilities in a room properly separated from the toilet facilities of such building.
No mobile home shall discharge waste liquids except that the discharge outlet is connected through a proper trap to an approved sewer, septic tank or septic well, and no flush toilets in any mobile home shall be used unless the discharge outlet is connected through to a sewer or septic tank, and no chemically treated toilet waste shall be disposed of, except directly to a sewer.
Every tourist or mobile home shall be under the management of the licensee who must be of good reputation and character, and who shall manage such park plan from an office located on the premises; there shall be maintained in such office a bound book containing a record of the names of all persons accommodated at the park, their home addresses, the license number and make of their automobile or other vehicle; such record shall be available at all times for inspection by the Code Enforcement Officer and any police officer. It shall be the duty of the licensee of any park plan:
Collection and removal of garbage and any other waste material must be provided. Metal garbage cans with tight-fitting covers in quantity adequate to permit disposal of garbage and rubbish must also be provided. The garbage cans shall be located not further than 300 feet from any mobile home space. The cans shall be kept in a sanitary condition at all times and the garbage and rubbish shall be collected and disposed of at least every seven days or as frequently as may be necessary to insure the garbage cans shall not overflow.
To prohibit the placing or storage of unsightly material or vehicle of any kind.
To provide for cleaning, painting, repairing and disinfecting all buildings.
To take such other measures which shall be deemed necessary by the Health Officer to preserve the health, comfort and safety of all persons accommodated in the park plan and of the general public.
To prevent the committing of any nuisance in the park premises and to report immediately to the proper authorities all acts of a disorderly character committed by any person or persons inside of the park and to that end maintain proper policing thereof.
To report to the Health Officer all cases of communicable diseases or suspected cases of communicable diseases affecting any inhabitant of the park.
To provide underground storage for any handling of gasoline.
To comply with the New York State Uniform Fire Prevention and Building Code with respect to electric wiring and equipment.
No addition shall be built, erected or maintained in connection with any mobile home other than the usual awning or similar weather protective structure.
Every park shall be equipped at all times with fire-extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.
An electrical outlet supplying at least three wire service with 220 volts and 100 ampere capacity entrance shall be provided for each mobile home space.
Each park shall be provided with proper grading and drainage facilities which prevent ponding of water in roadways and yards while protecting streams and other natural drainageways adjacent to or within the park. The drainage plan shall conform with a stormwater pollution prevention plan, if required.
[Added 4-12-2005 by ordinance (Res. No. 105-2005)]
Location; water and sewer facilities. No mobile home shall be located upon any land or premises within the Town other than mobile parks, unless such land or premises has erected thereon, conveniently accessible to such mobile homes, adequate sanitary facilities, and an approved water supply system.
Restriction of number of mobile homes. Not more than one such mobile home shall be permitted to park or otherwise locate on each separate lot or parcel of land other than a mobile park.
Duration of stay. No mobile home shall be permitted to remain upon any premises other than in a mobile park for a longer period than four weeks in every 12 months except the time may be extended by action of the Town Board.
Location of mobile home on lot. Each mobile home shall not be parked or otherwise located nearer than six feet to the side line of any lot or parcel of land, nor within 30 feet of the street line of such premises.
This chapter shall be enforced by the Code Enforcement Officer, whose duty it shall be to enforce all the provisions of this chapter as prescribed herein or such provisions as may hereafter be enacted, and for the purpose of securing such enforcement the Code Enforcement Officer and his duly authorized representatives shall have the right and are hereby empowered to enter upon the premises upon which any mobile home, house trailers or camp cottages or cabins are located or about to be located and inspect the same and all accommodations connected therewith at any reasonable time.
The individual members of the Town Board and their duly authorized representatives shall have a like power of inspection.