Caroga Town City Zoning Code

The purpose of this Section shall be to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of the Town of Caroga and its inhabitants, by establishing specific requirements and regulations governing the occupancy and maintenance of manufactured homes, manufactured home parks, recreational vehicles and recreational vehicle parks.

Restriction of Manufactured Homes:

1. No manufactured home shall be parked or allowed to remain upon any street, highway or other public place, except that emergency stopping or parking when caused by mechanical failure, for a period of not more than 72 hours, subject, however, to any prohibition or limitation imposed by other regulations or laws.

Multi-Section Manufactured Home:

1. A double-wide (or larger) manufactured home can be erected in any Zoning District where manufactured homes are allowed by right, Site Plan Review or Special Use Permit.

Manufactured Home Permits:

1. A Manufactured Home Permit is required to place and occupy a manufactured home on individual lots outside of manufactured home parks.

2. A Manufactured Home Permit shall be issued by the Town Code Enforcement Officer if:

   1. A completed Application is submitted.

   2. The required fee is paid.

   3. The proposed manufactured home conforms to all requirements of Zoning Ordinance.

   4. The proposed manufactured home conforms to all requirements of the current edition of the NYS Uniform Fire Prevention and Building Code and Residential Code of New York.

Application for Manufactured Home Permit:

1. All applications for a Manufactured Home Permit shall, at a minimum, include the following:

   1. Name and address of Applicant.

   2. Address and SBL of parcel of land upon which manufactured home is proposed to be located.

   3. A plan drawn to scale showing:

      1. All property lines.

      2. Location for manufactured home.

      3. Location of water supply.

      4. Location of onsite wastewater disposal system.

      5. Type of foundation anchoring system and skirting to be provided.

   4. The required Sitting Fee.

Manufactured Home Requirements:

1. Foundations:

   1. Foundation Systems for all manufactured homes shall comply with the NYS Uniform Fire Prevention and Building Code, Residential Code of New York State and all other laws and regulations.

   2. Foundation Systems for all manufactured homes shall be frost protected meaning the use of a standard pier and footing system at or below the frost line.

   3. Non-frost protected foundations shall be allowed in the Town when the foundation is designed and stamped by a NYS licensed architect or engineer. When a foundation system is designed and stamped by a NYS licensed architect or engineer to be otherwise protected from the effects of frost, such foundation system is not required to extend below the frost line.

2. Manufactured homes shallbe provided with potable water and a sewage disposal system designed and operated according to NYS Department of Health Regulations and any other local and State regulating agencies.

3. No occupied manufactured home outside a duly permitted manufactured home park shall be parked or placed nearer to a lot line than stated in the setback requirements as established for each zoning district.

4. Not more than one (1) occupied manufactured home shall be placed or parked on any parcel of land.

5. All manufactured homes shall be installed on a manufactured home stand.

6. All additions to a manufactured home shall require the issuance of a Zoning/Building Permit by the Code Enforcement Officer.

7. Any expansion of a legal non-conforming manufactured home shall be required to first obtain a Site Plan Review approval by the Planning Board.

8. Manufactured homes heated with oil shall have a conventional tank erected and enclosed. Barrels are not permitted.

Existing Manufactured Homes:

1. A manufactured home lawfully in existence prior to the enactment of this Article but not located in a manufactured home park or zoning district that permits manufactured homes may continue to be used as living quarters provided it meets the requirements of this Article, including the securing of a permit.

2. The owner of record for the parcel on which the manufactured home is situated shall adhere to all applicable State and local requirements for sanitation, sewerage, tidiness, and public health, safety, and welfare as they pertain to the residential occupancy of permitted manufactured homes not located in a manufactured home park.

Revocation of Permits:

1. If the Code Enforcement Officer finds that any manufactured home located outside a permitted manufactured home park is not being maintained in accordance with the provisions of this Article, the Code Enforcement Officer may serve a written order upon the owner of the premises, directing that the condition or conditions therein specified be remedied within thirty (30) days after the date of service of the order.

2. If such condition or conditions are not corrected within the thirty (30) days, the Code Enforcement Officer may revoke such permit. Upon revocation of the permit, the manufactured home shall be removed from the premises within ten (10) days.

Siting Fee:

1. There is a one-time Siting Fee for the placement of a manufactured home anywhere in the Town as established by the Town Board.

Manufactured Home Park Permit Required:

1. No person, partnership, association or corporation being the owner or occupant of any land within the Town of Caroga shall use or allow the use of such land for a manufactured home park unless a permit has been obtained as herein provided.

Issuance of Permit:

1. The Code Enforcement Officer shall issue a Manufactured Home Park Permit, to be effective from the day of issuance.

2. This permit shall not be issued by the Town Code Enforcement Officer until the CEO has received:

   1. A written application from the applicant on forms approved by the Town.

   2. The required fee as herein provided.

   3. Approval of the application by the New York State Department of Health District Office.

   4. Approval of the Special Use Permit by the Planning Board.

Non-Transferable:

1. A Manufactured Home Park Permit shall not be transferable or assignable.

Supplemental Permit:

1. Any person holding a permit for Manufactured Home Park and desiring to add additional lots to such park shall file an application with the Code Enforcement Officer for a Supplemental Permit.

2. The application for such Supplemental Permit shall be accompanied by 10 complete sets of plans and specifications as required by the Application Data Section, hereafter.

3. The application for a Supplemental Permit shall be filed and handled according to the procedure established in this Section.

4. Once the application for a Supplemental Permit has been amended or approved by the NYS Department of Health and Planning Board and upon receipt of the required fee, the Code Enforcement Officer of the Town shall issue a Supplemental Permit, which shall be effective from the date of issuance.

Permit Fees:

1. The annual fee for a Manufactured Home Park Permit shall be set by the Town Board.

Enforcement:

1. The Code Enforcement Officer shall enforce all of the provisions of this Article.

2. The Code Enforcement Officer shall have the right, at all times, to enter and inspect any manufactured home park and other premises used for the parking or placement of a manufactured home.

Application for Manufactured Home Park:

1. Upon receipt of an application for a Manufactured Home Park, the Code Enforcement Officer shall refer the application to the Planning Board to review in accordance with Article 7: Special Use Permits.

Application for Manufactured Home Park:

1. The following information shall be provided by the applicant for a Manufactured Home Park Permit:

   1. The name and address of the applicant.

      1. Individual:

         • Name, address, phone and e-mail address.

      2. Partnership:

         • The name of the partnership.

         • Name and address and contact information of all partners.

      3. Corporation:

         • The name of the corporation.

         • Address and contact information of corporation.

         • Name, address and contact information of all officers and directors of corporation.

   2. The location and description of the land that is proposed to be used as a Manufactured Home Park.

   3. A Site Plan, prepared by a NYS Licensed Professional Engineer, showing the location, total number and layout of all Manufactured Home Park lots, and items d-u below.

   4. Topographic contours at two-foot intervals.

   5. Location of watercourses, NYSDEC classified streams, marches, legal wetlands and areas subject to flooding.

   6. Wooded areas.

   7. A location map which shows all land within 300 feet of the proposed park and all structures on the land which abuts the proposed park.

   8. The location, name and widths of all adjacent streets.

   9. A plan prepared and stamped by a NYS Licensed Professional Engineer identifying the design and layout of the water supply and distribution system and the wastewater collection and treatment system for the Park and how water and wastewater service shall be supplied to each lot in the Park.

   10. The location and widths of all entrances, exits, streets and walkways.

   11. The location, size and arrangement of each lot within the park.

   12. The location and design of the Park’s water and wastewater collection and treatment systems.

   13. The method and plan for electric lighting.

   14. The location and plan of all proposed structures and improvements.

   15. Any proposed grading and plans for landscaping.

   16. Stormwater Pollution Prevention Plan (SWPPP) for all land development activities (excluding agricultural activities) on the site that results in land disturbance of 1 acre or more. A SWPPP shall comply with NYSDEC requirements for stormwater discharges from construction activities. It shall be at the discretion of the Planning Board as to whether a SWPPP shall be required for disturbances of less than 1 acre and which are not otherwise subject to such regulations.

   17. Any proposed utilities.

   18. Any public improvements proposed by the Town in or adjoining the proposed park.

   19. Existing zoning.

   20. Any proposed signage.

   21. Completed Part I Environmental Assessment Form (EAF).

Purpose:

1. The temporary placement of occupied and unoccupied recreational vehicles outside of recreational Vehicle Parks shall be permitted in the Town of Caroga in accordance with the requirements of this Section.

2. No occupied or unoccupied recreational vehicle shall be placed, parked, located or stored on any private parcel of land in the Town of Caroga unless done so in strict compliance with this Section.

Unoccupied Recreational Vehicles:

1. An unoccupied recreational vehicle shall be an uninhabited vehicle without occupants. The vehicle shall remain uninhabited and without occupants while on the parcel.

2. An unoccupied recreational vehicle may be temporarily placed on a private parcel of land subject to the following requirements:

   1. Only one (1) unoccupied recreational vehicle may be placed, parked, located or stored on any one (1) private parcel.

   2. The unoccupied recreational vehicle shall be placed, parked, located or stored so as to comply with the setback requirements of the Zoning District the parcel is located in as identified in the Dimensional Standards Table in Article 4.

Occupied Recreational Vehicles:

1. General Requirements:

   1. An occupied recreational vehicle shall be any recreational vehicle that is inhabited or occupied at any time the vehicle shall be placed, parked, located or stored on any private parcel of land in the Town of Caroga.

   2. An occupied recreational vehicle may be placed, parked, located or stored on a private parcel of land subject to the following requirements:

      1. A permit shall be obtained from the Town Code Enforcement Officer in accordance with the requirements of this Article.

      2. Only one (1) occupied recreational vehicle shall be placed on any one (1) private parcel.

      3. The occupied recreational vehicle shall be placed, parked, located or stored so as to comply with the setback requirements of the Zoning District the parcel is located in as identified in the Dimensional Standards Table in Article 4.

      4. All occupied recreational vehicles shall be permitted to be placed, parked, located or stored on a private parcel for a maximum of 28 nights in any calendar year.

      5. Wastewater generated in an occupied recreational vehicle placed, parked, located or stored on a private parcel shall not dispose of its wastewater into the property’s onsite wastewater treatment system unless done so in accordance with Section IV(D) of this Article.

2. Occupied Recreational Vehicle Permits:

   1. Application for Permit:

      1. Any property owner desiring to temporarily place an occupied Recreational Vehicle on their property shall submit an Application to the Code Enforcement Officer.

      2. The Application shall, at a minimum, include the following information:

         1. Name of Property Owner.

         2. Property upon which Recreational Vehicle shall be placed: Mailing Address and Tax Parcel #.

         3. Name and address, phone and e-mail address of owner of Recreational Vehicle.

         4. Make, model and color of Recreational Vehicle.

         5. Sketch showing where Recreational Vehicle will be parked on property. Sketch shall identify the distances the recreational vehicle shall be setback from the front, rear and side yard lines.

         6. Date(s) Recreational Vehicle will be parked on property.

         7. Date(s) Recreational Vehicle will be removed from property.

         8. Where septic will be disposed of.

      3. The Code Enforcement Officer shall review the Application for completeness.

   2. Permits:

      1. Permits shall be issued to the Property Owner upon which the Recreational Vehicle shall be placed, parked, located or stored.

      2. The Town Code Enforcement Officer shall issue permit if the recreational vehicle complies with the requirements identified in IV (3)(A)(2) of this Article.

      3. All permits issued shall be publicly displayed on the Recreational Vehicle.

      4. All permits shall stipulate the date when the occupied Recreational Vehicle shall be removed from the private parcel.

      5. The Code Enforcement Officer may impose conditions on the permit as deemed necessary to protect the public’s health, welfare and safety.

      6. It shall be the responsibility of the Permit holder to ensure compliance with the Permit and all conditions.

      7. Violations of a permit shall be enforced per Article 10.

On-Site Wastewater Collection and Disposal System for an Occupied Recreational Vehicle:

1. The owner of a vacant parcel of land may design and install an on-site wastewater collection and treatment system specifically for an occupied recreational vehicle.

2. To do so, the owner of a vacant parcel shall submit to the Town Code Enforcement Officer, as part of an application for an occupied recreational vehicle permit, a design plan, prepared and stamped by a NYS Licensed Professional Engineer, for an on-site wastewater collection and treatment system for a certain size recreational vehicle. Perk tests shall be performed and the results included on the design plan.

3. As part of the permit, a property owner may be authorized to utilize this on-site wastewater collection and treatment system subject to any conditions included in the Permit by the Town Code Enforcement Officer.

On-Site Wastewater Collection and Disposal System for Single-Family Dwelling Unit and an Occupied Recreational Vehicle:

1. The owner of a vacant parcel of land may install an on-site wastewater collection and treatment system designed to treat the combined wastewater flows from both a single-family dwelling unit and a recreational vehicle.

2. To do so, a property owner shall submit to the Code Enforcement Officer as part of an application for a Zoning/Building Permit for a single-family dwelling unit a design plan, prepared by a NYS licensed engineer, for an on-site wastewater collection and treatment system sized to handle the maximum wastewater to be generated from the single-family dwelling and recreational vehicle. Percolation (perc) tests shall be performed and the test results included on the design plans.

Permit Required:

1. No person, partnership, association or corporation being the owner or occupant of any land within the Town of Caroga shall use or allow the use of such land for a Recreational Vehicle Park unless a permit has been obtained as herein provided.

Recreational Vehicle Park Permit:

1. The Code Enforcement Officer shall issue a Recreational Vehicle Park Permit, to be effective from the day of issuance.

2. This permit shall not be issued by the Code Enforcement Officer until the Code Enforcement Officer has received:

   1. A written application from the applicant on forms approved by the Town.

   2. The required fee as herein provided.

   3. Approval of the application by the New York State Department of Health District Office.

   4. Approval of the Special Use Permit or Site Plan Review.

Non-Transferable:

1. A Recreational Vehicle Park Permit shall not be transferable or assignable.

Supplemental Permit:

1. Any person holding a Recreational Vehicle Park Permit and desiring to add additional lots or amend existing lots to such park shall file an application with the Code Enforcement Officer for a Supplemental Permit.

2. The application for such Supplemental Permit shall be accompanied by ten (10) complete sets of plans and specifications as required by the Application Data Section, hereafter.

3. The application for a Supplemental Permit shall be filed and handled according to the procedure established in this Section.

4. Once the application for a Supplemental Permit has been approved by the NYS Department of Health and Planning Board and upon receipt of the required fee, the Code Enforcement Officer of the Town shall issue a Supplemental Permit, which shall be effective from the date of issuance.

Permit Fees:

1. The annual fee for a Recreational Vehicle Park Permit shall be set by the Town Board.

Enforcement:

1. The Code Enforcement Officer shall enforce all of the provisions of this Article.

2. The Code Enforcement Officer shall have the right, at all times, to enter and inspect any Recreational Vehicle Park and other premises used for the parking or placement of a Recreational Vehicle.

Application for Recreational Vehicle Park Permit:

1. The following information shall be provided by the applicant for a Recreational Vehicle Park Permit:

   1. The name and address of the applicant.

      1. Individual:

         • Name, address, phone and e-mail address

      2. Partnership:

         • The name of the partnership.

         • Name and address and contact information of all partners.

      3. Corporation:

         • The name of the corporation.

         • Address and contact information of corporation.

         • Name, address and contact information of all officers and directors of corporation.

   2. The location and description of the land that is proposed to be used as a Recreational Vehicle Park.

   3. A Site Plan, prepared by a NYS Licensed Professional Engineer, showing the location and arrangement of lots and items d-u below.

   4. Topographic contours at two-foot intervals.

   5. Location of watercourses, NYSDEC classified streams, marches, legal wetlands and areas subject to flooding.

   6. Wooded areas.

   7. A location map which shows all land within 300 feet of the proposed park and all structures on the land which abuts the proposed park.

   8. The location, name and widths of all adjacent streets.

   9. A plan prepared and stamped by a NYS licensed professional engineer identifying the design and layout of the water supply and distribution system and the wastewater collection and treatment system for the Park and how water and wastewater service shall be supplied to each lot in the Park.

   10. The location and widths of all entrances, exits, streets and walkways.

   11. The location, size and arrangement of each lot within the park.

   12. The location and design of the Park’s water and wastewater collection and treatment systems.

   13. The method and plan for electric lighting.

   14. The location and plan of all proposed structures and improvements.

   15. Any proposed grading and plans for landscaping.

   16. Stormwater Pollution Prevention Plan (SWPPP) for all land development activities (excluding agricultural activities) on the site that results in land disturbance of 1 acre or more. A SWPPP shall comply with NYSDEC requirements for stormwater discharges from construction activities. It shall be at the discretion of the Planning Board as to whether a SWPPP shall be required for disturbances of less than one (1) acre and which are not otherwise subject to such regulations.

   17. Any proposed utilities.

   18. Any public improvements proposed by the Town in or adjoining the proposed park.

   19. Existing zoning.

   20. Any proposed signage.

   21. Completed Part I Environmental Assessment Form (EAF).

Processing an Application for Recreational Vehicle Park:

1. Upon receipt of an application for a Manufactured Home Park, the Code Enforcement Officer shall refer the application to the Planning Board to review in accordance with Article 7: Special Use Permits.

The owner or operator of each Manufactured Home Park and Recreational Vehicle Park shall keep a written record of all persons occupying or using the facilities of such Park. This record shall be available for a period of at least one (1) year from date of occupancy.

This record shall include:

1. The name and address of the occupant of each Manufactured Home and Recreational Vehicle.

2. The name and address of the owner of each Manufactured Home and Recreational Vehicle not occupied by same owner.

Written Order. If the Code Enforcement Officer finds and reports to the Town Board that a Manufactured Home Park or Recreational Vehicle Park for which a permit has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this Article, the Town Board may, by resolution, authorize the delivery to the holder of the permit of a written order which will require said holder to correct the conditions specified in such order within ten (10) days after the service of such order.

Revocation of Permit. If the holder of such permit refuses or fails to correct the condition or conditions specified in such order within ten (10) days after the personal service of such order, the Town Board may, by resolution, revoke such permit and the holder of the permit shall thereupon terminate the operation of such Manufactured Home Park or Recreational Vehicle Park.

Correction of Violations. However, if the owner or operator of such Manufactured Home Park or Recreational Vehicle Park shall thereafter correct such conditions and bring the Manufactured Home Park or Recreational Vehicle Park into compliance with this Article, such owner may then apply for the issuance of a new permit for such park, and if the application is approved and a permit is granted, the applicant shall pay to the Town Clerk the fee required by this Article without any credit for the fee paid for the permit which was revoked.

No provision of this Article shall apply to the following activities or uses:

1. Sales. The business of Manufactured Home or Recreational Vehicle sales, except that where units are used as living quarters, shall conform to the provisions of this Section.

2. Garaging. The garaging of an unoccupied Recreational Vehicle within a building or structure.

3. Field office. A manufactured home or recreational vehicle located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work or tool house in connection with such project, provided that such manufactured home or recreational vehicle is removed from such site within thirty (30) days after the completion of such project.