Marlborough City Zoning Code
CHAPTER 102
Mobile Homes
§ 102-1 Title.
[Amended 10-15-1984 by L.L. No. 4-1984]
This chapter shall be known as the "Regulation of Mobile Homes and Mobile Home Parks in the Town of Marlborough."
§ 102-2 Purpose.
[Amended 10-15-1984 by L.L. No. 4-1984]
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the Town of Marlborough by the proper regulation of mobile homes and mobile home parks. Standards enacted herein for the siting of mobile homes outside of mobile home parks are designed to assure that such mobile homes will be compatible in appearance with site-built housing that has been or may be constructed in adjacent or nearby locations. Such aesthetic considerations are necessary to protect property values and promote the general welfare.
§ 102-3 Definitions.
[Amended 10-15-1984 by L.L. No. 4-1984]
As used in this chapter, the following terms shall have the meanings indicated:
Where specified, traditional site appearance shall be achieved through the use of exterior siding materials, such as clapboard, shingles and shakes, which may be fabricated from metal or other synthetic materials manufactured to closely resemble these traditional siding materials. Such "exterior siding materials" may include masonry, wood board and batten and textured exterior plywood, but shall not include artificial masonry or simulated board and batten made of metal.
A masonry foundation wall extending below the ground surface, supported by footings extending below the frost line.
That part of the foundation system which supports the exterior wall of the superstructure; commonly designed as a beam which bears directly on the column footings or may be self supporting. The "grade beam" is located at the ground surface and is well-drained below.
Any structure fourteen (14) feet wide or less, adaptable to be moved by a power connected thereto and so designed as to permit occupancy thereof for dwelling or sleeping purposes or for the conduct of any business, profession, occupation or trade or for storage, and provided with any combination of the following mechanical systems and equipment: plumbing, heating, electrical, cooking and refrigeration. Such structure has a steel frame attached to the underside and may or may not have axles and wheels affixed to the frame. Such "mobile home" or "house trailer" shall be in conformity with the New York State Code for the Construction of Mobile Homes, March 13, 1974, as amended, and such certificates of the United States Department of Housing and Urban Development as may supersede such code.
Any plot of ground upon which two (2) or more mobile homes or house trailers occupied for dwelling or sleeping purposes or any of the purposes noted above are located, regardless of whether or not a charge is made for such accommodations.
Includes a person, partnership, firm, company, corporation, tenant, owner, lessee or licensee or their agents, heirs or assigns.
Material used to close the vertical space between ground level and the underside of the exterior perimeter of the mobile home or house trailer. "Skirting" shall rest on a frost wall and, if made of other than masonry material, must be recommended by the New York State Manufactured Housing Association and approved by the Building Inspector.
§ 102-4 Mobile home park plan.
Every person desiring to establish a mobile home park within the limits of the Town of Marlborough shall first file with the Town Clerk of said town a site plan prepared by a professional engineer or architect licensed in the State of New York showing the exact location of said mobile home park and planned in accordance with § 102-6 hereof and showing all the items required therein. For trailer parks not situated within the confines of public water and sewer systems, private systems must be provided and each site plan shall have the stamp of approval affixed by the Ulster County Department of Health. All plans shall then be submitted to the Town Planning Board for review and shall be approved and signed by the Town Board prior to any work being started for the establishment of a trailer park. For every trailer park so established:
A space of not less than twenty thousand (20,000) square feet for each trailer or mobile home to be placed thereon shall be provided. There shall be a maximum density of two (2) trailers permitted on one (1) acre [forty-three thousand five hundred sixty (43,560) square feet] of land. The minimum size of a trailer park shall be ten (10) acres.
Connections to the park water supply system and general sewage disposal system shall be provided for each site proposed to be used for the location of a trailer. Such sites shall be so arranged that no trailer or accessory structure shall be placed within fifty (50) feet of another trailer and no trailer or accessory structure shall be nearer to the front line of the lot than twenty-five (25) feet, nor within twenty-five (25) feet of the side line, the rear line or the outer right-of-way of an internal road.
In any trailer park where sites shall be provided adjacent to a public highway, no trailer, mobile home or accessory structure shall be placed in any position nearer to the right-of-way of the highway than fifty (50) feet.
A roadway leading directly to a public highway shall be provided for each proposed trailer park. All water, sewer and power lines shall be five (5) feet from the outer right-of-way line of the highway leading to and within the trailer park. All such rights-of-way shall be not less than fifty (50) feet in width, and not less than twenty-five (25) feet shall be treated in accordance to Subsection A(9).
No part of the site used as a space for a trailer location may be used as any part of the sewage disposal system, nor shall any source of water supply for trailers be on the trailer location.
A water supply, where the trailer park is not served by public water supply, shall be sufficient to provide three hundred (300) gallons of water daily to each trailer proposed to be located thereon and must be approved by the Ulster County Department of Health.
A sewage disposal plant shall be provided, of a capacity and efficiency approved by the Ulster County Department of Health, to serve a population of three (3) persons for every trailer site thereon, unless regular sewer connections are provided.
Each trailer site shall be provided with one-hundred-ampere, two-hundred-twenty-volt electrical current of the standard frequency generally provided in the area.
Each mobile home park shall have at all times provisions, other than those in the mobile home or trailer, for bathing and toilet facilities, a minimum of one (1) bath or shower, one (1) toilet and one (1) lavatory for each sex for each four (4) trailer sites, connected to the park water supply.
The toilet and other sanitation facilities for males and females either shall be in separate buildings or shall be separated, if in the same building, by a soundproof wall. The sanitation facilities for males and females shall be distinctly marked to denote the sex for which they are intended.
Each trailer site within a trailer park other than area used for the location of the trailer and a driveway shall be graded and seeded with a perennial grass and landscaped. At least ten percent (10%) of the total area of the park shall be set aside for public recreation use.
Any deviation from the submitted site plan resulting in relocation of trailers or addition of trailers or accessory structures shall be cause to make a permit void. Applications for revisions to an existing permit shall be filed with the Town Clerk, reviewed by the Town Planning Board and presented to the Town Board for approval prior to making these changes.
§ 102-5 Permit required for mobile homes parked outside parks.
[Amended 10-15-1984 by L.L. No. 4-1984; 6-17-1985 by L.L. No. 2-1985; 8-11-1986 by L.L. No. 2-1986]
No mobile home or house trailer used or occupied as living or sleeping quarters may be parked or stored for a time in excess of seventy-two (72) hours within the Town of Marlborough without first the procuring of a permit from the Town Clerk and/or the Building Inspector, except as herein provided. None of the provisions below shall be applicable to any mobile home or house trailer stored or garaged and not being used or occupied as living or sleeping quarters. The Town Clerk and/or the Building Inspector shall issue a permit, as required in this chapter, only upon submission of proof that the mobile home or house trailer for which the permit is required meets with the following conditions and standards:
Mobile homes are permitted in the R-Ag-1 Zone. They shall not be permitted unless they are preexisting in the R District, R-1 District, HD District, C-1 Commercial District and I Industrial District and can be replaced only:
Replacement of a mobile home must be completed within one hundred twenty (120) days of loss of the existing mobile home or be granted a variance for one hundred twenty (120) days by the Building Inspector for complicating circumstances.
No mobile home shall be sited and no existing mobile home shall be moved, altered, added to or enlarged, nor shall any land or mobile home be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such mobile home or land is located.
No permit shall be issued unless the Building Inspector is satisfied that:
An application fee in an amount as set by resolution of the Town Board is to be paid upon filing of the application.[1]
A permit will be issued only when it shows that:
The applicant owns the real property on which the mobile home is to be located.
The real property on which the mobile home is located has the same area as is required by Chapter 155, Zoning, for a one-family home in the same zone.
The approval of a highway entrance has been obtained from the Highway Superintendent having jurisdiction and a private drive has been provided on the site plan.
Setbacks are the same as is required by Chapter 155, Zoning, for a one-family home in the same zone.
The applicant agrees to place said trailer upon poured concrete or concrete block piers of sufficient size and number to comply with the mobile home manufacturer's specifications. The piers shall be erected upon a footing of poured concrete at a depth below grade to prevent heaving by frost, and the mobile home shall be fastened to such piers by anchor bolts or equivalent fastening devices adequate to enable the attached mobile home to withstand all wind loads in accordance with New York State Uniform Fire Prevention and Building Construction Code specifications.[2]
The applicant agrees to construct a landing platform under the doors of not less than three by five (3 x 5) feet, with permanent steps, within ninety (90) days after placement on the site.
The size of the proposed mobile home or house trailer is shown on the application.
Failure to comply with this subsection shall be cause for revocation of the permit.
§ 102-6 License for mobile home park.
It shall be unlawful for any person to establish, maintain or operate or permit to be maintained or operated upon any property owned or controlled by him a mobile home park or a trailer park within the Town of Marlborough without having first secured a license therefor in compliance herewith. Such a license shall expire on May 1 following the date of issuance, but may be renewed under the provisions of this chapter for the additional period of one (1) year.
[1]The application for such license or renewal thereof shall be filed with the Town Clerk and shall be accompanied by the fee as provided herein. The license fee shall be the amount as set by resolution of the Town Board.[2] The first year's annual fee shall be apportioned to the period of time remaining until May 1 of the following year. Such application shall include the name and address of the applicant, the nature and extent of his interest in the business for which a license is desired and whether he is the owner of the property (if the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the trailer park and make the application) and such a legal description of the premises upon which the trailer park is located or will be located as will readily identify and definitely locate the premises. The application shall be verified and shall also state the number of units in said proposed park and such other information as may be required. It shall be accompanied by two (2) copies of the park plan, drawn to scale on a survey map prepared by a professional engineer or architect duly licensed by the State of New York, showing the following:
The extent and area used for park purposes.
Roadways, driveways and walkways.
The location of sites or units for house trailers.
The separate location of parking facilities for automobiles and tow vehicles.
The location and number of sanitary conveniences, including toilets, washrooms, laundries and utility rooms.
The method and plan of sewage disposal.
The method and plan of refuse disposal or removal.
The plan for water supply.
The plan for electrical lighting of units and park roadways and walkways.
The Town Clerk shall immediately submit said application and plan to the Town Board, who shall examine the same and inspect the property and, after holding a public hearing thereon, either approve or disapprove the application within sixty (60) days.
If the application is granted, the license shall be issued by the Town Clerk. If the application is disapproved by the Town Board, it shall be endorsed accordingly, together with the reason for such disapproval. Any person deeming himself aggrieved by the action of the Town Board may, within thirty (30) days thereafter, apply to the Town Board for review of such action. The Town Board may reaffirm, reverse or modify its determination and may direct the Town Clerk to issue or refuse such license.
§ 102-7 Management standards for parks.
In every trailer park or mobile home park there shall be a building in which shall be located the office of the operator or person in charge of said park. A copy of the park license and of this chapter shall be posted therein, and the park register shall at all times be kept in such office.
It is hereby made the duty of the attendant or person in charge, together with the licensee, to:
Keep at all times a register of all guest or mobile home occupants, which shall be open at all times for inspection by state and federal officers and officers of the Town of Marlborough, showing for each such house trailer the following:
The name and address of each occupant.
The date of arrival.
The name of the owner of the mobile home.
The make of the mobile home.
The state of registry of the mobile home.
The registration number of the mobile home.
The year of issue of the registration and, in addition, for each mobile home being propelled by an automobile or vehicle to which it may be attached, the following:
The number of occupants for which the mobile home is designed.
Maintain the park in a clean, orderly and sanitary condition at all times.
See that the provisions of this chapter are complied with and enforced and report promptly any communicable diseases in the park to the Ulster County Department of Health.
Prohibit the use of any mobile home by a number of occupants greater than that which it is designed to accommodate.
Prohibit the use of the park by more mobile homes than the park is licensed to accommodate.
If the water is supplied from a private well or source other than a public water supply, display evidence that the water supply system has been inspected and approved by the Ulster County Department of Health within the preceding twelve (12) months.
§ 102-8 Inspection of park premises.
Before the trailer park or mobile home park commences operations and at least semiannually thereafter, the Town Board, through the Town Clerk and/or the Building Inspector, shall make an inspection of the premises to determine that all requirements of this chapter have been and are being complied with.
§ 102-9 Revocation and suspension of licenses.
None of the provisions of this chapter shall be construed as granting vested interest to anyone licensed under this chapter, and the Town Board hereby reserves the right to withdraw all permissions and to revoke all licenses granted under this chapter.
§ 102-10 Applicability to existing parks.
This chapter shall apply to all existing mobile home parks in the Town of Marlborough on the date of its adoption, except that holders of mobile home park permits issued prior to December 28, 1970, shall make application to the Planning Board for any proposed changes.
§ 102-11 Applicability to farm labor camps.
Mobile homes used in farm labor camps, as defined in the State of New York Sanitary Code and licensed by the Health Commissioner having jurisdiction over labor camps located in the Town of Marlborough, shall be exempt from the provisions of this chapter, except for the setback provisions as set forth in § 102-4A hereof, provided that the farm laborers shall live in said premises free of all rent or expense other than heat or light. This exemption shall apply only upon the farm operator displaying annually to the Town Clerk and/or the Building Inspector the permit granted by the Health Commissioner of Ulster County having jurisdiction over such farm labor camps.
§ 102-12 Construal of provisions.
Nothing herein contained shall be construed to abrogate any provisions of the Sanitary Code of the State of New York or of the County of Ulster as the same now provides or may hereafter be amended to provide. ln the event of inconsistencies existing between the provisions of this chapter and said code or codes, said code or codes shall govern.
§ 102-13 Penalties for offenses.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.