Montgomery Town City Zoning Code
§ 235-7.11 Mobile Home Park
Age Restricted Floating District.
This district shall be located as a floating zoning district applicable to parcels which satisfy certain criteria for designation as set forth below pursuant to the review and approval procedures provided for herein.
A.
Designation of Mobile Home Park - Age Restricted District (MHP-AR). Age-restricted mobile home parks shall be allowed in districts designated by the Town Board of the Town of Montgomery (hereinafter referred to as "Town Board") as provided in Subsection B of this section. It is the intention of this section to allow the creation of a Mobile Home Park - Age Restricted District at any location deemed appropriate by the Town Board; provided, however, that the Town Board shall consider the general zoning classification in which a proposed district is located, along with the other factors specified in Subsection C of this section, in determining whether to create a Mobile Home Park - Age Restricted Floating District.
B.
Procedure for Designation of Mobile Home Park - Age Restricted Floating District. A Mobile Home Park - Age Restricted District shall be created by the Town Board in accordance with the following procedure:
(1)
Any person wishing to petition the Town for the creation of a Mobile Home Park - Age Restricted Floating District shall submit to the Town Clerk an original and 11 copies of a signed application on a form prescribed by the Town Board which shall contain at least the following information and documents:
(a)
The name, address and telephone number of the applicant, together with the name of the person to contact for further information, if the applicant is not an individual.
(b)
A map, prepared by a licensed engineer or surveyor, showing the boundaries of the proposed Mobile Home Park - Age Restricted District, as well as a key map showing its approximate location in the Town of Montgomery. The scale of the map shall be no less than one inch equals 100 feet, unless the Town Board, by resolution, allows a smaller scale.
(c)
A description of the proposed development plan for the mobile home park including but not limited to plans for development and operation of water and sewer services, a plan showing the location of the recreational amenities, designation of open space and conservation areas and a plan showing the layout of residential units and roadway system.
(d)
A full environmental assessment form, prepared by a licensed professional engineer or other licensed professional, to assist the Town Board in its determination of environmental significance of the proposed creation of the Mobile Home Park - Age Restricted Floating District under the New York State Environmental Quality Review Act.
(e)
A nonrefundable fee in the amount of $250 plus a deposit in an amount to be determined by the Town Board which will reimburse the Town for the expenses paid by the Town to the Town Engineer and other designated Town Board consultants for reviewing the application. Additional deposits may be required to complete the review process.
(2)
The Town Clerk shall forthwith file the original of the application and forward the copies as follows: two to the Town Supervisor, who shall in turn forward one copy to an engineer retained by the Town Board for review and recommendations; one to each remaining Town Board member; one to the Town Attorney or his or her designee; three to the Chairman of the Town Planning Board; and one to the Orange County Department of Planning and Economic Development, with a request for a report and recommendation when required by General Municipal Law § 239-m.
(3)
The Town Board shall consider the application at its first regular meeting occurring at least 10 days following the filing of a complete application with the Town Clerk or at such other time and date as the Town Board shall determine. The Town Board shall discuss the application with the applicant and shall request any additional information it needs to consider the application. The Town Board may schedule a workshop to discuss the application with the applicant and the Town Planning Board. The Town Board shall also schedule a public hearing to be held at its next regular meeting after receipt of the recommendation (if any) from the Town Planning Board or at any other time and date it shall determine. Notice of the public hearing shall be published in the official newspaper of the Town and posted on the official bulletin board of the Town Clerk at least 10 days prior thereto. The Town Board shall also take whatever steps are necessary to comply with the New York State Environmental Quality Review Act, and the public hearing on the application may be combined with a public hearing on any draft environmental impact statement which the Town Board may require.
(4)
At least seven days prior to the public hearing, the applicant shall send notice thereof by certified mail, return receipt requested, to the owners of record of all properties within 300 feet of the proposed boundaries of the district, or such other distance as the Town Board may deem advisable. Prior to the public hearing, the applicant shall submit to the Town Clerk an affidavit sworn and subscribed before a notary public containing the following information: the names and addresses of all such property owners; a statement verifying that all such property owners' names and addresses are contained on the list; and a statement that all such property owners were properly served. The applicant shall simultaneously also submit the certified mail return receipts for all property owners served along with the affidavit.
(5)
The cost of preparing, publishing and mailing the required notices shall be borne by the applicant. The Town Board shall cancel the public hearing if the applicant fails to submit all of the required information.
(6)
The Town Board shall conduct the public hearing, affording all interested persons an opportunity to speak. At the conclusion of the public hearing, the Town Board shall direct the applicant to submit any additional information it determines is necessary to a determination of the application, if any. The Town Board shall formally act on said application no later than 62 days after the close of the public hearing.
(7)
Prior to acting upon said application, the Town Board may obtain a written recommendation from the Town Planning Board as to whether the district shall be created, and the Town Planning Board shall furnish such recommendation within 45 days after a request therefor from the Town Board.
C.
Standards for the creation of a Mobile Home Park - Age Restricted District. In considering an application for the creation of a Mobile Home Park - Age Restricted District, the Town Board shall consider all relevant factors, including the following:
(1)
The consistency of the proposed district with the Town of Montgomery Comprehensive Plan and the Zoning Local Law.
(2)
The character of the neighborhood in which the proposed district would be located.
(3)
The general zoning classification of the area in which the proposed district would be located.
(4)
The proximity of the proposed district to other parcels currently developed as mobile home or manufactured home residential developments. It shall be a requirement that any Mobile Home Park - Age Restricted District will only be designated to a parcel greater than 10 acres in size and which parcel has a common boundary with a parcel currently developed as mobile home or manufactured home project.
(5)
The proximity of the proposed district to other parcels of land which, in the future, might be the subject of a petition for the creation of a Mobile Home Park - Age Restricted District.
(6)
Any other factors the Town Board considers relevant.
D.
Effect of Mobile Home Park - Age Restricted District designation. The decision of the Town Board to approve the designation of a Mobile Home Park - Age Restricted District to a particular parcel is a legislative decision that amends the Zoning Map of the Town, it being the intention that no such designation shall entitle the owner to the issuance of a special permit use permit for such use unless granted by the Town Planning Board.