Canisteo Village City Zoning Code
ARTICLE V
Mobile Homes and Mobile Home Parks
[Amended 4-3-1989 by L.L. No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
§ 119-35 Title.
This article shall be known and may be cited as the "Village of Canisteo Mobile Home Park Law."
§ 119-36 Intent.
Because of the special problems related to mobile homes that are not necessarily associated with other housing types, it is necessary to provide for a separate standard for mobile homes so as to promote the safety and health of the residents of mobile homes and nearby residents, to encourage the economical and orderly development of the Village, to promote the health, safety and general welfare and to eliminate and prevent health and safety hazards by providing standards and regulations necessary to accomplish these purposes as authorized under Article 4 of the Village Law of the State of New York.
§ 119-36.1 Penalties for offenses.
A.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, 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 continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B.
In addition, or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.
§ 119-37 More restrictive provisions to apply.
Should any provision of this article be in conflict with existing regulations applicable to the Village of Canisteo, the more restrictive shall apply.
§ 119-38 Definitions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
AWNING
A shade structure supported by posts or columns and partially supported by a mobile home installed, erected or used on a mobile home lot.
CARPORT
An awning or shade structure for a vehicle or vehicles, which may be freestanding or partially supported by a mobile home.
FACTORY MANUFACTURED HOME (MODULAR HOME)
A dwelling unit constructed off site, consisting of one or more segments and designed to be permanently anchored to and supported by a foundation to become a fixed part of the real estate. Such dwelling unit shall bear an insignia of approval issued by the State of New York.
HEALTH AUTHORITY
A legally designated health authority or its authorized representative of the Village of Canisteo.
INTERNAL STREET
A private way which affords principal means of access to abutting individual manufactured home lots and community service buildings.
LICENSEE
Any person licensed to operate and maintain a manufactured home park under the terms of this chapter.
MANUFACTURED HOME
A dwelling unit bearing a seal issued by the Federal Department of Housing and Urban Development that is manufactured as a relocatable living unit, which is designed to be transported on a permanent chassis and to be installed on a site with or without a permanent foundation when connected to utilities. This does not include Department of Motor Vehicles registered recreation vehicles or travel trailers, provided that they are not used as a permanent dwelling unit. This does not include dwelling units that are prebuilt in one or more parts and transported to and assembled on a permanent foundation.
MANUFACTURED HOME LOT
A designated portion of a mobile home park designed for the accommodation of one mobile home and its accessory buildings or structures for the exclusive use of the occupants.
MANUFACTURED HOME PARK
A contiguous parcel of land divided into two or more lots, for sale or lease on which mobile homes are or will be placed for non-transient use.
MANUFACTURED HOME STAND
That part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
MOBILE HOME
The same meaning as "manufactured home."
MOBILE HOME PARK
The same meaning as "manufactured home park."
OCCUPIED LOT
A manufactured home lot with a manufactured home in place on the stand thereon.
PARK
A manufactured home park.
PERMIT
A written document issued by the enforcing agency permitting the construction, alteration or expansion of a manufactured home park.
PERMITTEE
Any person to whom a temporary permit is issued to maintain or operate a mobile home park under the provisions of this article.
PERSON
Any natural individual, firm, trust, partnership, association or corporation.
STRUCTURE
A static construction of building materials, framed of component structural parts for occupancy or use, including buildings, stadiums, platforms, towers, sheds, display stands, storage bins, signs, fences, reviewing stands, gasoline pumps, mobile dwellings and the like.
§ 119-39 Compliance by mobile homes required.
All mobile homes in the Village of Canisteo shall conform to the following requirements.
§ 119-40 State requirements to apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All new manufactured home units installed shall meet the requirements of the Residential Code of New York State, Appendix E, Manufactured Housing Used as Dwellings.
§ 119-41 Placement and supports.
Each mobile home shall be provided with supports installed according to the mobile home manufacturer's instructions. Units not provided with such instructions shall be installed in compliance with the following unless the entire system shall be designed by a registered professional engineer.
A.
Placement.
(1)
The mobile home shall be placed upon a stand consisting of appropriate material properly placed, graded and compacted so as to be durable and adequate for the maximum load anticipated during all seasons.
(2)
The stand shall have a longitudinal gradient of 0% to 5% and adequate crown or cross gradient for surface drainage.
(3)
The mobile home stand shall include provisions for all utility connections at appropriate locations.
(4)
The mobile home stand shall include provision for supports prior to or at the time a mobile home is set in place.
B.
Supports. Supports shall be provided not more than 12 feet on centers, beginning from the front of the mobile home. End supports shall be no more than three feet from the ends of the mobile home.
§ 119-42 Skirting.
Each mobile home shall be skirted around the bottom portion with uniform durable material properly ventilated, within 60 days, weather permitting, of placement of the unit.
§ 119-43 Land development standards for new parks.
A.
Location of parks. A mobile home park shall be located in areas where permitted by this Village of Canisteo Zoning Law.
B.
Minimum size. Each new mobile home park shall have a minimum area of 10 acres containing clearly defined and marked mobile home lots and stands, streets, service buildings and recreation areas.
C.
Access to public streets. No mobile home park shall be located except with direct access to a public street or highway and with appropriate frontage thereon to permit proper design of an access street. Said access shall require prior approval of the Village Board of Trustees.
D.
General site requirements. The mobile home park shall in all respects be suitable for residential use. It shall not create hazards to the health and safety of the residents. It shall not be exposed to objectionable smoke, dust, noise, odors, soils subsidence or the probability of flooding or erosion. The soil, groundwater level, drainage, rock formations and topography shall not create hazards to property or to the health and safety of the residents.
E.
Lot size and density. Each mobile home shall meet the following minimum requirements:
(1)
Minimum lot area: 5,250 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Front yard depth from internal street, measured from the edge of the pavement: 20 feet.
(4)
Yard depth from public streets: 50 feet from the edge of the pavement and 15 feet from any other park boundary.
(5)
Mobile home stands shall be located so that the mobile home unit shall be separated from other units or structures by at least 25 feet, excluding storage buildings, which may be within three feet of other mobile homes or structures.
F.
Recreation area requirements.
(1)
Not less than 8% of the gross site area shall be devoted to recreation facilities, generally provided in a central location.
(2)
Recreation areas may include space for a community building and community use facilities, such as indoor recreation areas, swimming pools and hobby and service buildings.
G.
Landscaping and screening.
(1)
Landscaping and screening will be required to the extent needed to provide for the screening of objectionable views, adequate shading and a suitable setting for mobile homes and other facilities.
(2)
Visual screening, where required, will be a solid fence six feet high, maintained in good condition and free of all advertising. Planted screens in lieu of such fence shall consist of evergreens not less than six feet in height.
(3)
Screening may be required where appropriate for objectionable views such as laundry drying yards, refuse collection stations, accessory uses and adjacent properties.
(4)
Landscaping will be required in appropriate size, quantity and character to provide an attractive setting for the mobile home and accessory facilities, to provide privacy, to minimize glare and to afford shade.
(5)
Existing natural vegetation shall be protected to the extent possible where such is suitable for preservation.
H.
Parking spaces. The following minimum requirements shall be met in any new park:
(1)
Off-street automobile parking spaces shall be provided at the rate of not less than two car spaces for each mobile home lot, plus one additional space for each four mobile home lots.
(2)
Two spaces shall be located on each mobile home lot and the remainder in conveniently adjacent parking bays.
(3)
Parking spaces shall be well-drained and uniformly graded. Base material will be composed of gravel or crushed stone compacted to maximum density. A smooth, well-drained surface, durable under normal use and weather conditions, shall be provided.
(4)
The minimum size of parking spaces shall be nine feet by 20 feet.
I.
Street requirements. All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot.
(1)
All streets shall be provided with a smooth, hard and dense surface which shall be durable and well-drained under normal use and weather conditions. Street surfaces shall be maintained free of cracks and holes, and their edges shall be protected by suitable means to prevent raveling and shifting of the base.
(2)
Street surface drainage and overland surface drainage adjacent to streets shall be conveyed by shallow ditches to stormwater drains, dry wells or natural drainage systems.
(3)
Grades of all streets shall not be more than 8%. Short runs with a maximum of 12% may be permitted, provided that traffic safety is assured.
(4)
Street intersections should generally be at right angles. Offsets at intersections and intersections of more than two streets at one point should be avoided.
(5)
Streetlighting shall be designed to produce a minimum of 0.1 footcandle at street level throughout the system. Potentially hazardous locations shall be individually illuminated with a minimum of 0.3 footcandle.
(6)
The street system shall provide convenient circulation by means of minor streets and properly located collector streets. Dead-end streets shall be limited in length to 500 feet and shall be provided with adequate turnarounds to be approved by the Planning Board.
(7)
Pavement widths:
(a)
The entrance street connecting the mobile home park streets with a public road shall have a minimum pavement width of 24 feet.
(b)
Minor internal streets serving less than 40 lots with no on-street parking shall have a minimum pavement width of 20 feet.
(c)
Where on-street parking is provided, parallel parking lanes a minimum of seven feet in width shall be provided.
J.
Patio pads. A patio pad shall be provided for each mobile home. The patio area shall not be less than 100 square feet, with a least dimension of 10 feet. Construction shall be either concrete pavement or movable units of durable weather-resistant material.
K.
Fire protection. The water supply and fire protection facilities servicing the mobile home park shall be in accordance with the standards of the local fire prevention authority or shall meet the fire-protection standards established by the National Fire Protection Association standard NFPA No. 501A, whichever is more stringent.
L.
Service buildings. All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
M.
Outdoor storage prohibited. No open outdoor storage shall be permitted on a mobile home lot. A storage structure may be located on individual lots, provided that it shall not be in excess of 100 square feet.
N.
Awnings and carports. Awnings and carports may be erected and maintained on a mobile home lot only as an accessory to a mobile home located on the same lot, provided that:
(1)
An awning or carport may be constructed on a lot line, provided that said awning or carport is constructed of material which does not support combustion.
(2)
No separation is required between a freestanding awning or carport and an awning or carport located on the same lot, provided that they are not structurally interconnected.
(3)
Awnings or carports supported in part by the mobile home shall not exceed 12 feet in width (projection).
O.
Refuse disposal. Each mobile home shall have adequate metal or plastic garbage cans with tight-fitting covers. The cans shall be kept in a sanitary condition at all times. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
P.
Responsibilities of park owners and managers.
(1)
Any person or persons to whom a mobile home park license is issued shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and sanitary condition at all times.
(2)
The park owner shall ensure that garbage and refuse shall be collected at least weekly and properly disposed of.
(3)
The park owner shall notify the residents of all applicable provisions of this article and inform them of their responsibilities thereof.
(4)
The management shall be responsible for the placement of each mobile home stand, ensuring its stability and installing all utility connections.
(5)
The management shall be responsible for the proper placement of the mobile home on its mobile home stand and the proper installation of all utility connections.
Q.
Responsibilities of park residents.
(1)
The resident shall comply with all provisions of this chapter and shall maintain his mobile home lot and its facilities and equipment in good repair and sanitary condition.
(2)
Pets shall not be allowed to run at large or create any nuisance within the limits of any mobile home lot.
(3)
Skirting, porches, awnings and other additions shall be installed according to instructions of the park management. When installed, they shall be maintained in good repair.
(4)
Every resident of the mobile home park shall provide the management or any proper enforcing agency access to any part of the mobile home lot, not including the mobile home, at reasonable times for the purpose of making inspections and repairs.
§ 119-44 Land development standards for existing parks.
A.
Location of parks. A mobile home park shall be located in areas where permitted by this Village of Canisteo Zoning Law.
B.
Access to public streets. No mobile home park shall be located except with direct access to a public street or highway and with appropriate frontage thereon to permit proper design of an access street. Said access shall require prior approval of the Village Board of Trustees.
C.
General site requirements. The mobile home park shall in all respects be suitable for residential use. It shall not create hazards to health and safety to residents. It shall not be exposed to objectionable smoke, dust, noise, odors, soils subsidence or probability of flooding or erosion. The soil, groundwater level, drainage, rock formations and topography shall not create hazards to property or to the health and safety of the residents.
D.
Specific requirements. Each mobile home park shall meet the following minimum requirements:
(1)
Mobile home units shall have a minimum distance separation of 15 feet from other mobile home units or structures, except that separation between the rear ends of two mobile homes shall be at least 15 feet.
(2)
A twenty-foot setback shall be required from internal streets.
(3)
Yard depth from external public street: 25 feet from the edge of the pavement and 10 feet from any other park boundary.
(4)
Accessory buildings shall be located a minimum of three feet from any mobile home or building.
(5)
Parking. At least one parking space shall be provided for each mobile home stand, plus one additional parking space, either on- or off-street, for every two mobile homes. However, in no case shall the amount of parking currently available be reduced.
(6)
Street width. Mobile home park streets shall comply with the following minimum street widths:
(a)
One traffic lane (one-way street) with parking permitted on both sides, minimum width: 25 feet.
(b)
Pavement width: a minimum of 10 feet of paved travel lanes.
E.
Nonresidential uses.
(1)
No nonresidential uses shall be permitted in any mobile home park except such uses that are required for the direct servicing of park residences and/or the management and maintenance of the park.
(2)
This shall not prohibit the sale of mobile homes located on mobile home stands.
F.
Prohibited vehicles. No mobile home park shall permit the on-lot parking of boat trailers, snowmobiles, commercial vehicles in excess of 3/4 ton, campers or any other such equipment.
G.
Walks. All mobile home stands shall be provided with individual walks connecting to a paved street or paved driveway, or parking space connecting to a paved street.
H.
Utilities. Water supply, sewage disposal, fuel supply and/or storage and electrical service, including equipment, fittings, materials and installations serving mobile homes and appurtenant service buildings and structures, shall be approved systems and equipment designed, constructed, maintained and operated in accordance with applicable state and local standards and regulations.
I.
Expansion of existing parks. No mobile home park existing at the effective date of this article shall be expanded, except that the expanded portion shall be in full compliance with the provisions of this article.
§ 119-45 Compliance by parks required.
Mobile home parks in the Village of Canisteo shall conform to all applicable state regulations and the following regulations.
§ 119-46 Permit required to construct, alter or extend park.
It shall be unlawful for any person to construct, alter or extend any mobile home park within the Village of Canisteo unless said person holds a valid building permit issued by said Village for the specific construction, alteration or extension proposed.
§ 119-47 License required to operate and maintain park.
A.
It shall be unlawful for any person to operate and maintain any mobile home park within the Village of Canisteo unless said person holds a valid license issued annually by the Village of Canisteo in compliance with the provisions of this article in the name of such person for the specific mobile home park.
B.
Licenses issued as provided herein shall be transferable only upon written application to and approval by the Village Board.
§ 119-48 Applications for licenses and permits.
A.
Application for a construction permit or initial annual license shall be filed with the Village Clerk, accompanied by payment of such fees as may be required herein.
B.
Application for an initial license shall be filed within 90 days of the effective date of this chapter.
C.
Applications for permits or initial licenses shall be signed by the applicant and shall include the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the property on which the park is or will be located.
(3)
Plans and specifications of the park, including but not limited to the following:
(a)
The area and dimensions of the tract of land on which the park is or will be located.
(b)
The location of all mobile home lots and stands.
(c)
The location and width of roadways.
(d)
The location of all utility lines in their respective detail.
(e)
The plans and specifications for the water supply and sewage disposal facilities.
(f)
Plans and specifications for any community service buildings.
(g)
Certification that the plans for water and sewer facilities have been approved by the New York State Department of Health.
(h)
Such further information as may be requested by the Village Board or designated official to enable determination of the park's compliance with this chapter.
D.
The application and all accompanying plans and specifications shall be filed in triplicate. The Village Board, Planning Board or designated official shall inspect the application and plans and specifications.
E.
No permits shall be issued except in compliance with this chapter and all other applicable laws and regulations.
§ 119-49 License renewals.
A.
Upon application in writing by a licensee for a renewal of a license and upon payment of the annual license fee, the Village Board or designated official shall renew such license for another year upon determination that said park is in compliance with this chapter.
B.
The Planning Board, in consultation with the Building Inspector, shall review each license renewal application to determine the degree of compliance with this chapter and/or progress toward complete compliance. Based on their finding, an advisory report shall be submitted to the Board of Trustees recommending approval or denial of license renewal or conditional renewal specifying the areas in which park management or facilities are deficient. Correction of deficiencies specified shall be prerequisite to any subsequent license renewal.
§ 119-50 Annual license fee.
[Amended 5-7-2012 by L.L. No. 2-2012[1]; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The applicable annual license fee for each mobile home park shall be as set forth from time to time by resolution of the Board of Trustees. The number of occupied lots shall be as of the first of January of each year. The annual license fee shall be payable to the Village Clerk on or before January 31 of each year. Failure to pay the required annual fee will result in the fee being added to the park owner's Village tax bill, along with a penalty of 25%.
[1]
Editor's Note: This local law also included a schedule with a list of specific fees and wording indicating that the duration and applicable fees for various permits, licenses and/ or fees shall be as set forth from time to time by resolution of the Village Board of Trustees and that fees listed elsewhere in the Village's Code shall be preempted by fees in the schedule. Said schedule is on file in the Village offices.
§ 119-51 Inspections.
The Village Board or designated official is authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this article. Said official shall be authorized to enter at a reasonable time upon any private property, except the mobile home, for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
§ 119-52 Revocation of license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Village Board or designated official may revoke any license to maintain and operate a park when the licensee has been found guilty by a court of competent jurisdiction of violation of any provision of this chapter. A penalty of $25 per day will be assessed until such license is reissued. The Code Enforcement Officer will issue a new operating certificate when the circumstances leading to the conviction have been remedied, the penalty is paid, and the park is being maintained and operated in full compliance with the law.