Schodack City Zoning Code
ARTICLE VIII
Mobile Home Neighborhood Overlay District
§ 219-90 Purpose; effect of compliance on application.
A.
It is the purpose of the Mobile Home Neighborhood (MHO) Overlay District to provide for planned mobile home residential developments, including related recreational and other service facilities. It is further the purpose to establish sites at appropriate locations within the Town in relation to existing and potential development areas and in relation to other uses and community facilities.
B.
It is the intent of the Mobile Home Neighborhood Overlay to offer the maximum amount of freedom possible in the design of mobile home neighborhoods, to encourage the development of comprehensive bicycle and pedestrian circulation networks, to provide the amenities normally associated with planned residential areas and to promote the health, safety and general welfare of the present and future inhabitants of the Town.
C.
The fact that an application complies with all specific requirements and purposes set forth herein shall not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require the granting of any application.
§ 219-91 Data plate.
Every mobile home shall bear a data plate affixed in the manufacturing facility bearing not less than the following information:
§ 219-92 Establishment of District.
A.
Establishment of a Mobile Home Neighborhood Overlay District. The Town Board may, after Planning Board review, public notice and hearing, approve, establish, describe and designate a Mobile Home Neighborhood Overlay District on the Official Zoning Map of the Town pursuant to this chapter and amendments thereto. The same procedure as per Article XVI of this chapter shall be followed in the application for an approval of a Mobile Home Neighborhood Overlay District.
B.
Locational requirements.
(1)
Zoning districts. A Mobile Home Neighborhood Overlay (MHO) District may be established at any location within the Town, but only if the objectives and provisions of this chapter are satisfied as determined by the Planning Board and Town Board and the MHO is consistent with the spirit and intent of the Town Comprehensive Plan.
(2)
Community facilities. Essential community facilities and services for the mobile home neighborhood, such as employment, shopping, schools, recreation areas and police and fire protection, shall be reasonably accessible.
(3)
Impact to surrounding properties. The uses will not be detrimental to present and potential surrounding uses.
(4)
Streets. Existing and proposed streets shall be suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed districts.
(5)
Utilities. Existing and proposed utility services shall be adequate for the proposed development, and such utility services shall be placed underground.
(6)
Development phasing. Each phase of the proposed development, as it is proposed to be completed, shall contain the required parking, landscape plantings, recreational areas and utility services necessary for creating and sustaining a desirable and stable environment.
(7)
Nonresidential development. Any nonresidential use within a mobile home neighborhood development shall be subordinate to the residential use of and character of the development.
§ 219-93 License required for mobile home neighborhood; fees.
A.
Annual license requirement. It shall be unlawful within the Town of Schodack for any person or persons to construct or operate a mobile home neighborhood without first securing a license annually from the Town Board and complying with the regulations of this chapter.
B.
License fees. The application for an annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a nonrefundable fee as established by the Town Board. The fee for an annual license shall be the same as that for an initial application. Thereafter, each mobile home shall be assessed on the tax rolls of the Town of Schodack against the owner(s) of the mobile home neighborhood development. In addition, an inspection fee in accordance with the adopted fee schedule per mobile home unit will be charged for the purpose of compliance with this chapter or any other applicable local law or ordinance prior to the issuance of a certificate of occupancy. Such fee shall apply to the initial installation of units or the replacement of such units as determined by the Code Enforcement Officer.
C.
Application requirements. The application for a license or renewal thereof shall be made on forms prescribed by the Town Board and shall include the name and address of the fee owner of the property. In the event that the fee is vested on some person other than the applicant, the application shall be submitted together with a duly verified statement by the owner in fee that the applicant is authorized by him/her to construct and maintain the mobile home neighborhood. Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.
D.
Nonconforming mobile homes. Nonconforming mobile homes may be placed on existing lots; however, any expansion or additions to said mobile homes must conform to the regulations provided in this chapter.
§ 219-94 License applications.
A.
Application preparation and content. Application for a mobile home neighborhood license shall be accompanied by three sets of plans prepared by a licensed landscape architect, architect, engineer or land surveyor, shall be filed with the Town Clerk and shall include the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the mobile home neighborhood site.
(3)
A complete plan of the mobile home neighborhood in conformity with the requirements of this chapter.
(4)
Plans and specifications of all improvements and facilities constructed or to be constructed within the mobile home neighborhood.
(5)
Such further information as may be requested by the Town Board to enable a proper determination that the proposed mobile home neighborhood will comply with all legal requirements.
B.
Application filing. The application and all accompanying plans and specifications shall be filed in triplicate. The Town Clerk shall deliver two copies to the Town Planning Board, which said Board shall review the application. If the proposed mobile home neighborhood will, when constructed in accordance with such plans and specifications, be in accordance with all provisions of this chapter and all other applicable local, County, State and Federal laws, ordinances or statutes, the Planning Board shall approve the application and deliver the same to the Town Board for review and approval. Upon the completion of the mobile home neighborhood in accordance with the plans and specifications, the Town Clerk shall issue a license upon order of the Town Board.
C.
Application for license renewal. Upon application in writing to the Town Clerk by a licensee for renewal of a license and upon payment of the annual license fee, the Town Board shall order an inspection of the mobile home neighborhood by the Code Enforcement Officer, and if it is still in compliance with the applicable local laws and ordinances, a report shall be made to the Town Board. By order of the Town Board, the Town Clerk shall issue a certificate renewing such license for another year.
§ 219-95 Design standards for mobile home neighborhoods.
A.
Site development.
(1)
Minimum site size. Mobile home neighborhoods shall be located on well-drained sites comprising a minimum of 25 acres.
(2)
Grading. The site shall be properly graded to ensure rapid drainage so that no portion of the site is subject to predictable sudden flooding or erosion.
(3)
Minimum frontage. Where no secondary access is provided, the site shall have a minimum of 300 feet of frontage on the highway providing primary access to the site.
(4)
Minimum setbacks. No mobile home, mobile home accessory building, mobile home neighborhood office or service building shall be located within 200 feet from any property line encompassing the site unless otherwise determined by the Planning Board that a lesser distance would be sufficient due to topography, existing screening or other circumstance to ensure adequate screening and buffering of adjacent properties.
(5)
Rent and ownership.
(a)
The lands lying wholly within the perimeter boundaries of any proposed or established Mobile Home Neighborhood District:
[1]
Shall be held in single ownership and shall consist of separately dimensioned, individual lots, collectively held in single ownership and used entirely for rental purposes only; or
(b)
In no event shall both of the foregoing types of use be permitted simultaneously within the geographical boundaries of any one proposed or established Mobile Home Neighborhood District.
(c)
The transfer of title of all or any portion of such lands by the owner(s) thereof not in accordance with the provisions of this section shall constitute a violation of this chapter.
B.
Density and lot standards.
(1)
Lot density and lot setbacks. Each mobile home neighborhood shall be designed to accommodate separately identified mobile home lots as follows:
(a)
Minimum lot area, single-wide unit: 7,260 square feet.
(b)
Minimum lot area, double-wide unit: 9,700 square feet.
(c)
Maximum number of units per gross acre: 4.5.
(d)
Minimum setback from public highway right-of-way line: 100 feet.
(e)
Minimum setback from non-dedicated street center line: 75 feet.
(f)
Minimum unit separation: 50 feet.
(g)
Minimum mobile home lot width: 70 feet.
(2)
Mobile homes installed or replaced in the Town of Schodack shall be installed in compliance with the applicable provisions of Article 21B of the New York State Executive Law and related State codes and as may be amended for installation of mobile homes. Each mobile home lot shall be improved to provide an adequate stand for the placement and tie-down of the mobile home, thereby securing the structure against uplift, sliding, rotation and overturning.
(a)
There shall be a longitudinal gradient of 0% to a maximum of 5% and an adequate crown or cross gradient for surface drainage.
(b)
Each mobile home stand shall consist of a foundation designed for support of a mobile home so as to prevent heaving, shifting and uneven settling in the form of either:
[1]
A full concrete pad, four inches by 12 feet by 70 feet for single-wide, and four inches by 24 feet by 70 feet for double-wide units, and shall include concrete piers or an equivalent stand extending a minimum of 36 inches below ground level at a minimum of every eight feet for the entire length of the pad;
[2]
A perimeter foundation of a minimum of eight inches in width and 36 inches in depth, with overall dimensions of 12 feet by 70 feet for single-wide and 24 feet by 70 feet for double-wide units; or
[3]
Lateral runners of a minimum 16 inches by 36 inches by 24 feet for double-wide units, spaced every eight feet for the entire length of 70 feet.
(c)
The structural frame of each mobile home shall be attached to the foundation in not less than six places located in accordance with good engineering practice. Each attaching device shall be capable of withstanding a tension force of at least 2,800 pounds and shall be designed so as to secure the mobile home against uplift, sliding, rotation and overturning.
(d)
Each mobile home foundation shall be enclosed by a skirt securely fastened and extending from the outside wall of the mobile home. The skirt shall be constructed of sturdy wood, plastic, masonry or metal material capable of withstanding extreme weather conditions over extended periods of time. No skirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level. Such skirt shall be installed within 10 days after placement of the mobile home on the foundation.
(3)
Refuse receptacles. Adequate refuse receptacles with tight-fitting covers shall be provided for each mobile home unit. These receptacles shall be kept in a sanitary condition and emptied weekly by the licensee or his/her agent.
(4)
Required parking. Two off-street parking spaces shall be provided for each mobile home, with one additional space for each four mobile homes. Every parking space shall be at least 10 feet in width and 20 feet in length and shall have adequate provision for maneuvering and for passage to and from streets.
(5)
Mobile home neighborhood caretaker. Each mobile home neighborhood licensee shall provide, on-site at all times, a duly authorized attendant or caretaker who shall be in charge at all times of keeping the mobile home neighborhood and its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee, for the violation of any provision of this chapter to which the licensee is subject.
(6)
Mobile home unit expansion. Any mobile home unit, whether it is a single-wide or partial double-wide unit, may be expanded to a maximum size of twice the original single-wide unit; however:
(a)
The increase must be of a standard mobile home unit expansion type.
(b)
Any expansion must conform to the minimum unit separation.
(c)
Any expansion must receive site plan approval from the Town of Schodack prior to the issuance of a Building and Zoning Permit for such mobile home unit expansion.
(d)
Any single-wide unit proposed for expansion shall have a minimum lot area equal to that of a double-wide unit as specified herein.
(7)
Open space and landscape plantings. All areas of the site not occupied by buildings, units, parking areas, driveways or walkways shall be maintained as lawn area with landscape plantings of trees and shrubs or as natural areas as follows:
(a)
All margins along the front, side and rear property lines of the mobile home neighborhood site shall be planted with evergreen or deciduous trees in a mass planting or hedgerow for the purpose of visual screening and noise abatement. Such plantings shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and suitable settings for the mobile home and other facilities as approved by the Town of Schodack.
(b)
The design of individual sites shall take into consideration the natural growth presently on the site and the nature and condition of the terrain as well as the relationship of the site itself with respect to adjoining lands. Screening and/or landscape plantings for such individual sites shall be provided as deemed necessary by the Town of Schodack.
(8)
Utilities. Each individual mobile home unit shall be served by municipal or private central water supply facilities and wastewater treatment facilities as approved by the appropriate State and municipal agencies and the Rensselaer County Health Department.
(a)
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all mobile home lots and buildings within the neighborhood to meet the requirements of the neighborhood.
(b)
Each mobile home lot shall be provided with a sewer which shall be connected to the mobile home situated on the lot to receive the waste from showers, tubs, flush toilets, lavatories and kitchen sinks in such home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed as to prevent the emission of any odors and the creation of breeding places for insects.
(c)
Plumbing connections to each mobile home shall comply with all regulations of Article 9 of the New York State Uniform Fire Prevention and Building Code.
(d)
Weatherproof electrical service connections and outlets shall be of a type approved by the New York State Board of Fire Underwriters.
(9)
Required recreation area. A recreation area shall be incorporated into the design of the mobile home neighborhood to be of a minimum of 500 square feet per mobile home unit with appropriate facilities to satisfy the needs of the neighborhood residents.
(a)
Such recreation area shall have at least one common area of a minimum of 5,000 square feet, and the Town of Schodack may establish such conditions on the ownership, use and maintenance of this area as it deems necessary to assure the preservation of the recreation area for its intended purpose.
(b)
The Town of Schodack shall also have the authority to require the location within any proposed Mobile Home Neighborhood District of a community recreation and service building and, consistent with such authority, may require that such building contain certain designated facilities, including, among them, but not being limited to, laundry facilities, recreational facilities, meeting rooms and rest rooms.
(c)
If the Planning Board and/or Town Board finds that due to size, topography or location of the Mobile Home Overlay (MHO) District, land for parks, open spaces, playgrounds or other recreational purposes cannot be properly located therein, or that the same are not desirable, the appropriate Board shall require, prior to approval and filing of the proposed plan, that a payment to the Town of Schodack Recreational Trust Fund be made in an amount defined by the Town Board's fee schedule per mobile home lot within the Mobile Home Overlay (MHO) District being considered for approval. Such amount shall be paid to the Town of Schodack at the time that final approval of the plan is made, and no such plan shall be finally approved nor filed until such payment has been made.
(10)
Snow removal. The licensee shall be responsible for snow removal from the mobile home neighborhood to the public highway.
(11)
Site lighting. Site lighting shall be provided at all entrances and exits to the mobile home neighborhood and on all internal streets, intersections, walkways and common areas. Such lighting shall provide an illumination of 0.6 footcandle to those areas.
(12)
Fire and emergency protection. There shall be clear numbering of mobile homes within the mobile home neighborhood with a layout map provided to the Fire District, ambulance and police agencies.
C.
Circulation and access.
(1)
Street standards. Each neighborhood shall have a street or streets provided with a smooth, hard and dust-free surface which shall be durable and well drained under normal use and weather conditions to provide for the convenient accessibility to all mobile home lots and other important facilities within the neighborhood.
§ 219-96 Performance bonds.
Prior to the issuance of a license, or renewal thereof, for the operation of the mobile home neighborhood, a certificate shall be submitted by the Town Clerk certifying that the applicant has complied with one of the following:
A.
That all public improvements have been installed to the satisfaction of the Town Engineer or any other official or body authorized by law to act in accordance with the requirements as specified herein; or
B.
That a renewable performance bond or certified check has been posted in a sufficient amount to assure such completion of all required improvements and is available to the Town of Schodack.
§ 219-97 Mobile home neighborhood inspection.
Before any neighborhood commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter have been met and shall issue a certificate of occupancy. No uses shall be permitted until such a certificate has been issued.
§ 219-98 Revocation of license.
A.
Inspection authorization. The Code Enforcement Officer shall have the authority to enter and inspect, for health, sanitary and other provisions of this chapter, any facility licensed hereunder, at any reasonable time.
B.
Violations.
(1)
If, upon inspection, it is found that the licensee has violated any provision of this chapter, the Town Board shall have the authority to suspend such license and order the mobile home neighborhood closed after notice and an opportunity to be heard.
(2)
The licensee shall be notified by the Code Enforcement Officer of the nature of the violation, and the Code Enforcement Officer shall set the time by which the violation shall be remedied and the action(s) to be taken if the violation is not corrected.