Le Ray City Zoning Code
ARTICLE XIV
Manufactured Housing
§ 158-112 Purpose.
A.
Manufactured homes provide an affordable alternative to site-built structures and permit owners and occupants to live reasonably in the rural areas of the Town of LeRay. The purpose of following article is to provide standards and regulations to protect the health, safety and welfare of manufactured home residents and other residents of the community. In addition, the standards herein are intended to promote and enhance the high quality of life experienced within the community, protect property values and ensure access to quality affordable housing within the Town of LeRay.
B.
This article does not regulate the design, construction, installation or location of modular housing or factory-manufactured housing.
§ 158-113 Manufacturing and installation requirements.
A.
Every manufactured home located in the Town of LeRay shall bear a Department of Housing and Urban Development (HUD) certification plate affixed by the manufacturer attesting that "This manufactured home is designed to comply with the federal manufactured home construction and safety standards in force at the time of manufacture."
B.
Any manufactured home brought into the Town of LeRay or relocated within the Town of LeRay shall be required to obtain a (re)certification that the unit meets HUD standards by an individual licensed in the State of New York as a professional engineer or architect who is also certified by the New York Department of State Manufactured Home Program. Such individuals shall hold valid and active licenses and certifications at the time of inspection.
C.
Units not bearing such HUD certification shall be considered a mobile home.
D.
Every manufactured or mobile home located in the Town of LeRay shall bear data relative to its heating and insulation zone and outdoor design temperature.
F.
All manufactured and mobile home installations and foundations shall, at a minimum, comply with the most current versions of the Residential Code of New York State and the Model Manufactured Home Installation Standards, in addition to those requirements identified in the consumer manual(s) provided by the manufacturer.
G.
All manufactured home installations shall be performed by a certified installer of manufactured homes as determined by the New York State Division of Codes Enforcement and Administration.
§ 158-114 Temporary permit required; criteria.
Location of an individual manufactured or mobile home in any district may be permitted upon authorization of a temporary permit by the Zoning Board of Appeals upon its determination that an application meets one of the following criteria:
A.
Special necessity. Upon proof of special necessity for an agricultural use where an additional dwelling is needed for a farm employee, tenant or family members, the Zoning Enforcement Officer may grant a temporary permit for a period not to exceed one year for the installation of one manufactured or mobile home to be placed on the same individual lot as an existing single-family dwelling, conditioned upon the following:
B.
Interim dwelling. The Zoning Enforcement Officer may grant a temporary permit for a period not to exceed one year for the installation of one manufactured or mobile home as an interim dwelling on an individual lot during the construction of a single-family dwelling on such lot, conditioned upon the following:
(1)
Temporary arrangements for safe access to the property, adequate potable water supply, sanitary disposal of sewage, safe storage of liquefied petroleum gas and anchoring are provided within 48 hours of such placement (and occupancy);
(2)
The Zoning Board of Appeals may grant as many as two extensions of six months each as circumstances warrant; and
(3)
Such manufactured or mobile home shall be removed within 30 days after the occurrence of any one of the following:
C.
Emergency dwelling. A manufactured or mobile home may be temporarily placed and occupied as an emergency dwelling on any property in the Town, regardless of prior development on or current use of such property, provided that:
(1)
The need for such emergency dwelling resulted from the loss, by flood, fire or other disaster, of an existing dwelling within the Town;
(2)
A temporary permit is obtained for the emergency dwelling within 48 hours of such placement and occupancy;
(3)
Temporary arrangements for safe access to the property, adequate potable water supply, sanitary disposal of sewage, safe storage of liquefied petroleum gas and anchoring are provided within 48 hours of such placement (and occupancy) by means either on site or off site;
(4)
Such temporary permit shall expire and the emergency dwelling shall be removed from the property within 90 days of such placement and occupancy; and
(5)
Except as provided herein, no other improvements to or alteration or disturbance of the property shall be caused by such placement and occupancy of an emergency dwelling and no rights to develop such property shall be thus established other than as are permitted in full compliance with the provisions, regulations, standards and procedures of this chapter.
§ 158-115 Permitted locations.
§ 158-116 Manufactured home site design standards.
The following regulations shall apply to manufactured homes located outside of an approved manufactured home park and within a permitted zoning district. These regulations shall be in addition to all other requirements of this chapter.
A.
Manufactured home pad site.
(1)
Each manufactured home site shall include a pad which extends a minimum of five feet beyond the exterior walls of the mobile home.
(2)
Such pad shall be designed and constructed to provide a stable base to support the manufactured home and, at a minimum, shall be constructed of eight inches of compacted porous crushed stone or equivalent.
(3)
Manufactured home pads shall be graded for proper drainage, yet in no case shall finished grades exceed 2% across the length or width of the pad.
(4)
A minimum of six anchored tie-downs shall be provided: one at each corner, and two at other locations provided per the manufacturer's specifications to properly secure the manufactured home.
B.
Manufactured home foundations and installation.
(1)
Manufactured homes located outside of an approved manufactured home park shall be installed upon and anchored to a permanent masonry foundation which provides continuous support and complete enclosure from grade to finished floor elevation along the entire perimeter of the structure.
(2)
Manufactured home foundations shall comply with applicable codes and standards, including HUD Permanent Foundation Guide for Manufactured Housing; the Residential Code of New York State; and the HUD Model Manufactured Home Installation Standards.
§ 158-117 Manufactured home parks.
A.
B.
C.
Site design and general conditions.
(1)
Manufactured home parks shall be located where orderly development can be undertaken in harmony with development of the surrounding area in terms of traffic generation, ease and safety of vehicular access to and circulation within the park, safety of pedestrian movement, location of structures, adequacy of off-street parking, placement and sizing of sewage treatment and water supply systems and other utilities, safety of fuel storage and supply, provision of open space, recreation facilities or areas, delivery of services and adequacy of landscaping and buffering.
(2)
Manufactured home parks shall have generally level to gently rolling topography over an area of sufficient size to allow development of the mobile home park in compliance with Subsection D, below, without significant alteration or disturbance of existing natural amenities or features, such as stands of mature trees, stream courses, shorelines, wetlands or bedrock outcroppings.
(3)
Manufactured home parks shall be essentially free from adverse, unsafe or unhealthy conditions, including but not limited to flooding, ponding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke, noise, odors, heat, glare, or toxic or volatile substances.
(4)
Manufactured home parks shall be divided (exclusive of internal roads, open space or common areas) and marked-off into mobile home sites numbered consecutively, the number being conspicuously posted on each site with such number to correspond to the site shown on the site plan submitted.
(5)
Straight, uniform gridiron road patterns shall be avoided unless they can be relieved by manufactured home clustering, enhanced landscaping and pedestrian accommodations, and integrated recreation spaces.
(6)
Culs-de-sac and closed-end roads shall be avoided to the greatest extent practical.
(7)
Recreational vehicles shall not be parked permanently as living quarters in any manufactured home park.
(8)
All manufactured home sites shall front on and be serviced only by internal roads. Perimeter manufactured home sites shall not have individual access to the public right-of-way.
D.
Area, yard and density requirements.
(1)
Minimum park lot size: three acres.
(2)
Maximum overall unit density: five units per acre.
(3)
Minimum pad site area: 6,500 square feet.
(4)
Setbacks and spacing. All manufactured homes, including expansions, extensions or other additions thereto, patios, porches or garages and all other structures in a manufactured home park shall satisfy the following setback requirements.
(5)
Distance to public right-of-way: 100 feet, minimum.
(6)
Distance to right-of-way of internal roads: 20 feet, minimum.
(7)
Distance between adjacent manufactured homes and other structures: 30 feet, minimum.
(8)
Rear setback: 20 feet, minimum.
E.
Buffer and landscape requirements.
(1)
No manufactured home pad site boundary, internal roadway, parking lot, recreation area or storage facility for fuels, supplies or equipment shall be located within 20 feet of a property line external to the mobile home park.
(3)
Required plantings shall be installed during the initial development of the manufactured housing park, regardless of the occupancy of individual manufactured home pad sites.
F.
Manufactured home skirting (without permanent foundation).
(1)
Manufactured homes shall provide a skirt to screen space between the manufactured home and the ground within 60 days from arrival on site.
(2)
Such skirting shall be of permanent material similar to that used in the manufactured home and shall provide a finished exterior appearance.
(3)
Nontreated, nonsealed or nonprotected dimensional framing or sheet lumber shall not be utilized for the construction of manufactured home skirting.
(4)
Skirting shall be placed so as to limit views underneath the manufactured home and to prevent debris, snow and the elements from collecting beneath the floor of the manufactured home.
(5)
Skirting shall be placed around the entire perimeter of the manufactured home and shall encompass all structural supports and components, including but not limited to wheels, stands, foundation columns and hitches, but excluding as necessary ground-mounted anchors located outside the perimeter of the manufactured home.
G.
Recreation and open space standards.
(1)
Easily accessible and usable open spaces pursuant to the findings of § 158-140 may be required in all manufactured home parks. Such required improvements shall be connected to internal roadways via an improved pathway no less than five feet in width.
(2)
Such open space shall have a total area of no less than 15% of the gross land area of the park and shall be fully maintained by the park owner.
(3)
No less than 50% of such space shall be in the form of programmed recreation areas, such as playgrounds, and active play areas, such as recreation fields.
(4)
No manufactured home pad site shall be located further than 600 feet from a dedicated programmed recreation space.
H.
Pedestrian accommodations.
(1)
A pedestrian walkway shall be provided in the following instances:
(2)
Parallel or substantially parallel roadways shall not continue for a distance greater than 800 feet without provision for pedestrian access between roadways.
(3)
All pedestrian walkways adjacent to internal roadways shall be paved, no less than five feet in width, and offset a minimum of five feet from adjacent roadways.
I.
Access standards.
(1)
Each manufactured home park shall provide for safe, legal means of access from one or more public roads as follows:
(a)
Access roads shall meet the public roads at nearly right angles and at compatible grades and shall be consistent with the standards set forth in Policy and Standards for the Design of Entrances to State Highways, as revised, published by the State of New York Department of Transportation;
(b)
Entrances shall be located directly opposite or at least 200 feet from the nearest intersection of public roads, if possible, and at least 150 feet from other entrances to the manufactured home park;
(c)
Entrances shall have sufficient width to allow reasonable turning movements of vehicles with manufactured homes attached and of service or delivery vehicles;
(d)
Entrances shall be located to allow safe line-of-sight distances to and from their points of intersection with the public road;
(e)
Manufactured home parks of more than 15 units shall be required to submit a traffic study completed by a licensed professional engineer to ensure that adequate conditions are met both internal and external to the manufactured home park site.
J.
Internal roadway standards.
(1)
All internal roads shall have a minimum thirty-foot right-of-way, 20 feet of which shall be paved.
(2)
Road subbase shall be rough-graded for positive drainage and compacted the full width of the road right-of-way in preparation for base material.
(3)
The base course shall consist of a suitable gravel or stone material at least six inches in depth after compaction.
(4)
The surface course shall consist of an approved bituminous material of at least two inches after compaction.
(5)
Internal roads shall be privately owned and maintained and shall provide for the safe and convenient movement of vehicles, with or without manufactured homes attached.
(6)
All roads shall be designed to the standards listed above to permit safe passage of emergency and other vehicles at a speed of 15 miles per hour.
K.
Off-street parking standards.
(1)
A minimum of two spaces shall be provided for each manufactured home pad site.
(2)
Pad site parking shall not be located as parallel parking spaces along internal roadways.
(3)
Pad site parking shall be located to the side of the manufactured home and shall not be located between the front of the manufactured home and the internal roadway.
L.
Utilities and services.
(1)
Water supply.
(a)
An adequate supply of water shall be provided for all manufactured homes and service buildings.
(b)
Where public water is available, connection shall be used exclusively, unless local authorities deem otherwise.
(c)
Where a public water system is not available, the development of a private water supply system shall be approved by the New York State Department of Health.
(2)
Sewage.
(a)
An approved sewage system shall be provided in all manufactured home parks for the conveying, disposing and treatment of sewage from manufactured homes, service buildings, and other accessory facilities.
(b)
Such system must be designed, constructed and maintained in accordance with the New York State Department of Health and the New York State Department of Environmental Conservation standards and regulations or the Town of LeRay Sanitary Code, as applicable.
(3)
Refuse.
(a)
Each owner of a manufactured home shall have at least two twenty-gallon metal or plastic refuse containers with tight-fitting covers.
(b)
Refuse containers shall be kept in a sanitary condition at all times.
(c)
It shall be the responsibility of the park owner to ensure that waste, garbage and rubbish shall be collected and properly disposed of outside of the manufactured home park.
(d)
Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
(4)
Fuel supply and storage.
(a)
General requirements.
[1]
All fuel oil supply systems provided for manufactured homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction when provided.
(b)
Specific requirements/recommendations.
[1]
All fuel tanks shall be placed at the rear of the manufactured home and located no less than 10 feet from any building exit.
[2]
It is recommended that all fuel tanks be buried.
[3]
It is recommended that a common central fuel supply system be provided.
[4]
Supports or standards for fuel storage tanks are to be of a noncombustible material.
(c)
Natural gas supply.
(d)
Liquefied gas.
[1]
Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of National Fire Protection Association Standard 58.
[2]
Such system shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
[3]
Systems shall have at least one accessible means for shutting off gas. This means shall be located outside of individual manufactured homes.
[4]
All liquid propane gas piping shall be well supported and protected against mechanical injury.
[5]
Storage tanks shall not be less than 100 pounds and shall be located at the rear of the manufactured home and no closer than 10 feet to any building exit.
[6]
It is recommended that a central underground gas storage system be furnished.
(5)
Electrical service.
(a)
Manufactured home parks shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electric power companies' specifications and regulations.
(b)
All wiring fixtures must have the approval of the Insurance Service Organization or other authority as designated by the municipality.
(c)
Each manufactured home stand shall be supplied with the ampere service required to meet New York State specifications.
(d)
Adequate lighting shall be provided to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians at night.
(e)
All electrical distribution lines shall be placed underground.
(6)
Telephone and cable television service. When telephone and cable television service is provided to manufactured home sites, the distribution system shall be placed underground.
(7)
Service buildings.
(a)
If provided, service buildings housing sanitation facilities, storage, parking and/or laundry shall be permanent structures complying with all applicable state and local statutes regulating buildings, electrical installations and plumbing and sanitation systems.
(b)
All service buildings and the grounds of the manufactured home park shall be well lighted and 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.
(8)
Fire protection and control.
(a)
Every manufactured home park shall satisfy applicable regulations of the fire district within which the manufactured home park is located.
(b)
No open fires shall be permitted any place within the manufactured home park with the exception of outdoor grills used for the preparation of foods and assigned recreation areas for community gatherings.
M.
Responsibilities of park operators and park occupants.
(1)
The person to whom a permit for a manufactured home park is issued shall operate the park in compliance with the standards set forth in this chapter and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.
(2)
The park operator and manufactured home owner shall supervise the placement of each manufactured home on its manufactured home stand, which includes ensuring its stability by securing all tie-downs and installing all utility connections.
(3)
The park operator shall maintain a register containing the names of all occupants and the make, year and serial number, if any, of each manufactured home. Such register shall be available to any authorized person inspecting the park.
(4)
The park tenant shall be responsible for the maintenance of his manufactured home and any appurtenances thereto and shall keep all yard space on his site in a neat and sanitary condition.
(5)
A list of operator and occupant responsibilities shall be posted in the park office or made available upon request.
(6)
Emergency vehicle access throughout the park shall not be prohibited.