[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:
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.
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)]
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)]
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.
A plot of ground within a mobile home park designed for the accommodation
of one mobile home.
A mobile home park.
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:
A.
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.
B.
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.
A.
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.
B.
Information required. The application must contain the
following information:
(1)
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.
(2)
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.
(3)
The interest of the applicant in said premises if not
the owner thereof.
(4)
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.
(5)
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:
(a)
The locations and name of all adjacent or adjoining streets,
right-of-way or highways and their existing widths and nature of construction.
(b)
The names of the record title holders of all adjacent
property.
(c)
The exact layout and dimensions of each mobile home space.
(d)
The exact layout of all streets and driveways, their
widths, and the specifications of proposed construction.
(e)
The locations of all required services and other improvements
and facilities such as playgrounds, swimming pools, or recreation areas.
(f)
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)]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Automatic suspension. The commission of any felony or
misdemeanor on the licensed premises herein automatically suspends the license
described herein.
F.
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.
G.
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.
A.
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]
B.
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:
A.
The park shall be located on a well-drained site properly
graded to insure rapid drainage and freedom from stagnant pools of water.
B.
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.
C.
The minimum size of any mobile home park shall be at
least five acres.
D.
Space for the parking of one automobile must be provided
for each mobile home space adjacent to it.
E.
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.
F.
Walkways of not less than two feet wide shall be provided
to the service building.
G.
All driveways and walkways within the park shall be of
suitable grade and hard surfaced.
H.
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.
I.
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.
J.
All spaces shall have a patio convenient to the entrance
of each mobile home of a minimum size of 180 square feet.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
Each service building shall contain reasonable laundry
facilities in a room properly separated from the toilet facilities of such
building.
R.
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.
S.
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:
(1)
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.
(2)
To prohibit the placing or storage of unsightly material
or vehicle of any kind.
(3)
To provide for cleaning, painting, repairing and disinfecting
all buildings.
(4)
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.
(5)
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.
(6)
To report to the Health Officer all cases of communicable
diseases or suspected cases of communicable diseases affecting any inhabitant
of the park.
(7)
To provide underground storage for any handling of gasoline.
(8)
To comply with the New York State Uniform Fire Prevention
and Building Code with respect to electric wiring and equipment.
T.
No addition shall be built, erected or maintained in
connection with any mobile home other than the usual awning or similar weather
protective structure.
U.
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.[1]
V.
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.
W.
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)]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
The individual members of the Town Board and their duly
authorized representatives shall have a like power of inspection.
