It is the purpose and intent of this Part II to establish appropriate standards and the means for their application for the location, improvement and maintenance of any mobile home park or recreational campsite in accord with the Village Plan and in the interest of the public health, safety or general welfare of the residents or occupants of such facility and the citizens of the Village.

It is also the purpose of this Part II to further the stated purposes of the Adirondack Park Agency Act by satisfaction, in part, of the criteria for approval by the Adirondack Park Agency Act of a local land use program pursuant to § 807, Subdivision 2, of the Act.

Pursuant to the provisions of the Municipal Home Rule Law and in accord with the applicable provisions of Village law, this Part II authorizes and empowers those duly appointed or delegated by the Village Board of the Village of Speculator to approve or disapprove building/use permits, certificates of compliance and operating permits according to the process and standards set forth herein.

This Part II shall apply to the location, improvement, alteration, addition, installation or construction of or within any mobile home park or recreational campsite or of the land on which such park or campsite is proposed to be situated or maintained in the Village of Speculator according to the process and standards set forth herein.

No park or campsite as herein defined shall be located, extended, or expanded; nor shall any site for such use be cleared, altered, or improved other than as necessary to gain access to and survey; nor construction or installation of any facility proceed, until the process outlined hereunder be complied with including all requisite approvals and issuance of any required permit or certificate.

No exemption specifically allowed for under § 811, Subdivisions 2, 4, and 5, of the Adirondack Park Agency Act shall be diminished or forfeited as such exemptions apply to that Act upon the enactment of this Part II.

Mobile home parks shall be approved and developed under the conditional use process only in the following zoning districts of Part IV of this chapter:

Within the above zoning district, no mobile home park shall exceed the density guidelines for that district as set forth in the Village Plan and Part IV of this chapter as determined by the size of the parcel or tract of land designated as the mobile home park and the total number of individual mobile home units to be accommodated within the park, as well as any other principal structures thereon.

All existing mobile home parks shall be required to make application for an initial operating permit within six months of the effective date of this Part II (unless authorized under prior law) and thereafter a biennial operating permit as elsewhere required in this Part II.

All existing mobile home parks shall be limited to the number, size, and location of mobile homes or nontransient recreational vehicles situated therein on the effective date of this Part II, except as they shall follow the process and meet the minimum requirements set forth herein whenever any new, additional, or substituted mobile home or nontransient recreational vehicle or addition or alteration thereto is proposed.

Whenever any new, additional, or substitute mobile home or nontransient recreational vehicle is to be placed in, added to, or altered within a mobile home park, a building/use permit shall be required therefor. No such permit shall be issued for any new, additional, substituted, or altered unit except according to the following:

No such unit or expansion thereof shall be so situated as to further exaggerate a nonconforming situation. Nothing in this section shall be interpreted or applied in such a manner as to prevent a mobile home park or portion thereof approved prior to the effective date of this Part II from being completed in accord with the prior approval. Similarly, no improvements or rearrangement in any existing park or portion thereof stipulated and agreed to shall be lessened or diminished based on the requirements herein.

General. Creation, expansion, extension, or alteration of any mobile home park shall be in accord with the minimum requirements hereinafter set forth.

Park and lot size. Park and lot sizes shall be as follows:

Water supply. An adequate, safe, and potable supply of water shall be provided in each mobile home park for all occupants thereof. Where a satisfactory supply of public water is available, connection shall be made thereto wherever lawful and according to any Village requirements. Any individual or community water supply system and all water storage and distribution facilities shall be in accord with those standards set forth by the New York State Department of Health and be acceptable to the Village according to the Building and Sanitary Regulations as set forth in Part III of this chapter. The water supply, storage, and distribution system shall be approved by the New York State Department of Health before any initial building/use or operating permit is issued.

Sewage disposal. An adequate and sanitary sewerage system shall be provided in each mobile home park of sufficient capacity and so designed and maintained as to effectively dispose of sanitary wastes without creating a health hazard or nuisance resulting in obnoxious odors or unsightliness. Where a public disposal system is available, connection shall be made thereto wherever lawful and according to any Village requirements. Any individual or community collection and treatment system shall be in accord with those standards set forth by the New York State Department of Health or Department of Environmental Conservation, as is applicable, and be acceptable to the Village according to the Building and Sanitary Regulations as set forth in Part III of this chapter. All sewage disposal facilities shall be approved by the New York State Department of Environmental Conservation or Department of Health, as is applicable, before any initial building/use or operating permit is issued.

Flooding, drainage, and soil cover. Shall be considered as follows:

Refuse disposal. Adequate and sanitary facilities shall be used for the storage, collection, handling and disposal of garbage and refuse. Location, number, and type of receptacles and method of storage and collection shall be as approved by the Board of Appeals. In all cases, that person or persons to whom the initial and any subsequent operating permit is issued, shall be responsible for arranging for the timely, sanitary, and convenient disposal of garbage, refuse, and solid waste materials for all occupants of the mobile home park.

Ground maintenance and pest control. Ground maintenance and pest control shall be as follows:

Utility and fuel installations. Utility and fuel installations shall be as follows:

Fire protection. Fire protection shall be as follows:

Roadways. Roadways shall be as follows:

Off-street parking. Two off-street parking spaces shall be provided for each mobile home lot in the mobile home park outside the designated street right-of-way and shall otherwise comply with off-street parking requirements as set forth in the Zoning Regulations of Part IV of this chapter. Such required parking spaces shall be appropriately located so as to be both functional and attractive in accord with the recommendations of the Board of Appeals.

Recreation-open space area. Suitable and appropriate recreation and open space area shall be provided and shall constitute a minimum of 10% of the total park area, such area to be designated on the site plan in such manner as to be an integral part of any proposed mobile home park.

Service and accessory structures. Shall be as follows:

Other improvements. Other improvements shall include:

Mobile home sales. Mobile home sales shall be as follows:

Combined mobile home park and recreational campsite. In the instance that one operation combines the use of the premises for both mobile home park and recreational campsite purposes, the respective requirements for each distinctive use shall be met and separate areas will be identified and maintained for each separate type of use.

Residential Resort District - RR.

Residential Countryside District - RC.

Commercial Business - CB.

All existing recreational campsites shall be required to make application for an initial operating permit within six months of the effective date of this Part II (unless authorized under prior law) and thereafter a biennial operating permit as elsewhere required in this Part II.

All existing recreational campsites shall be limited to the number, size, and location of recreational vehicles provided for on the effective date of this Part II, except as they shall follow the process and meet the minimum requirements set forth herein whenever any expansion of such facility or the accommodation of additional units beyond those approved in the operating permit is proposed.

Nothing in this section shall be interpreted or applied in such manner as to prevent a recreational campsite or portion thereof approved prior to the effective date of this Part II from being completed in accord with the prior approval. Similarly, no improvements or rearrangement in any existing campsite or portion thereof stipulated and agreed to shall be lessened or diminished based on the requirements herein.

General. Creation and expansion, extension, or alteration of any recreational campsite shall be in accordance with the minimum requirements hereinafter set forth.

Site considerations. Site considerations shall be as follows:

Unit area. Each campsite shall have defined and identifiable camping unit areas. The total number of unit areas in such campsite shall not exceed 12 per gross acre. Each unit area shall have a total area of not less than 2,000 square feet with a minimum dimension of 40 feet. Only one recreational living unit or other unit of temporary portable housing shall be permitted to occupy any one camping unit area.

Improved unit area. Each designated lot shall have an improved area that will provide for the placement and removal of recreational living units and for the retention of each in a stable condition. This improved area shall be of sufficient size to accommodate the dimensions of all anticipated recreational living units, shall consist of as a minimum, a six-inch gravel base, and shall be suitable leveled and graded to permit proper surface drainage.

Location of units. Shall be as follows:

Accessibility. Accessibility shall be as follows:

Utilities and service facilities. All sewer, water, and public accommodation facilities provided in any campsite shall be in accordance with the chapter of the New York State Department of Environmental Conservation or Department of Health, as is applicable, and the Building and Sanitary Regulations of Part III of this chapter. In addition, the following utilities and service facilities shall be provided in each campsite:

Recreation - open space area. Each campsite shall provide common open space for the use of the occupants of such campsite. Such open space shall be conveniently located in the campsite and shall constitute a minimum of 10% of the total campsite area, such area to be designated on the site plan in such manner as to be an integral part of any proposed recreational campsite.

Fireplaces; campfires. All fires in any campsite shall be in a designated and improved location with at least a stone or other fireproof enclosure demarcating the usable area from which all vegetative growth or other flammable material which might contribute to the accidental spread of the fire shall be removed.

Landscaping. Landscaping shall be as follows:

Duties of campsite operator. Every campsite shall be under the management of the campsite operator who shall manage such campsite from an office located on the premises and whose duty it shall be:

Removal of wheels. Unless special consent be given be the Village Board, it shall be unlawful to remove wheels from any recreational living unit or otherwise permanently affix such unit to the ground. Such removal shall be grounds for the revocation of the operating permit for such campsite. Further, all recreational vehicles admitted to and allowed to continue in any campsite shall be in a highway operable condition and appropriately licensed as is required for highway travel.

Length of stay. No recreational living unit shall be permitted to remain In the campsite for an aggregate period of more than 90 days in any one calendar year; or such unit shall thereafter be considered permanent and shall comply with all requirements for a mobile home park.

Related requirements. Issuance of an operating permit hereunder for the use of the premises as a campsite shall not be construed to eliminate the necessity of complying with all other applicable ordinances, resolutions, health regulations, and other regulatory authorities or measures.

Permit required. No mobile home park or recreational campsite shall be established or expanded; no alteration or improvement of the site made; and no new, additional, or substituted mobile home or nontransient recreational vehicle located in a mobile home park or recreational campsite in the Village until a building/use permit therefor has been issued by the Code Enforcement Officer. All building/use permits for the establishment, expansion, or site alteration or improvement of the mobile home park or recreational campsite shall be authorized by the Board of Appeals in accord with the conditional use process as outlined in the Zoning Regulations of Part IV of this chapter. The Code Enforcement Officer shall issue all building/use permits for new, additional, or substituted mobile homes or nontransient recreational vehicles.

Application. Plans and information shall be as required in Article II of Part V of this chapter. An application for a certificate of compliance shall be made coincidental with any application for a building/use permit, such application to be valid for the duration of the permit. The Code Enforcement Officer shall advise the applicant of any additional information required to constitute a complete application within 10 days of receipt of the application.

Notification of determination. Authorization by the Board of Appeals to the Code Enforcement Officer to issue or deny a permit shall be as set forth under the conditional use process in the Zoning Regulations of Part IV of this chapter, in the consideration of any complete application for a new, expanded, altered, or improved mobile home park or recreational campsite. The Code Enforcement Officer shall review an application and shall issue or refuse to issue a permit, or advise the applicant of any required additional information or referral required, within 10 days of receipt of an application in consideration of a new, additional or substituted mobile home park or nontransient recreational vehicle. Notice of refusal to issue any permit shall be given to the applicant in writing and shall state the reasons for said refusal. Approval of the application shall be indicated by issuance of the building/use permit.

Duration of validity. A building/use permit issued under this Part II shall be valid for a period of six months from the date of issuance, during which six-month period the project for which the permit was issued must be initiated. Providing the project is initiated within this six-month period, the validity of the permit shall continue for a period of two years from the date of issuance. Application may be made to and considered by the Board of Appeals, which Board may, for due cause shown, authorize such extension of either or both the six-month or two-year time limitation, as it may determine appropriate.

Certificate required. No new, expanded, altered, or improved mobile home park or recreational campsite or new, additional, or substituted mobile home or nontransient recreational vehicle located in any park or campsite shall be used or occupied until a certificate of compliance shall have been issued by the Code Enforcement Officer.

Application. Application for a certificate of compliance shall be made coincidental with any application for a building/use permit. Such application shall be valid for the duration of the validity of the permit.

Notification of determination. The Code Enforcement Officer shall make or cause to have made an inspection of each mobile home park, recreational campsite, mobile home, or nontransient recreational vehicle for which a certificate of compliance is required before issuing such certificate. A certificate of compliance shall be issued only if the park, campsite, mobile home, or nontransient recreational vehicle conforms to the provisions of this Part II and to the application based on which the building/use permit was issued. Issuance of the certificate or written notification of refusal to issue the same and the reasons therefor are to be accomplished within 10 days from the date of notification of project completion.

Permit required. All mobile home parks or recreational campsites existing on the effective date of this Part II and any hereafter established shall require an operating permit unless authorized under prior law and the operator thereof will be notified of the need to apply for an initial operating permit within 60 days from the effective date of this Part II.

Application. An application for a renewable biennial operating permit shall be made at least 60 days prior to the expiration date of the previous permit. Initial application shall include a map and drawings of the existing layout, including individual lots and utilities and such additional information including the applicable provisions of Article II of Part V of this chapter, in accord with the requirements of the Board of Appeals as they deem necessary for the proper administration of this Part II. The Code Enforcement Officer shall advise the applicant of any additional information required to constitute a complete application.

Notification of determination. Upon application for an operating permit, the Code Enforcement Officer shall inspect the premises and report his findings to the Board of Appeals, which Board may within 30 days make recommendation to the Village Board, which shall, within 60 days of the date of application, authorize the Code Enforcement Officer to issue or deny the permit in accord with the requirements set forth in this Part II. Where it is determined that such existing parks and campsites do not meet the minimum requirements of this Part II pertaining to the health, sanitation, cleanliness, or proper maintenance of the park or campsite, the applicant will be notified of minimum acceptable improvements, the completion of which improvements shall be made and verified to within one calendar year from the original date of the application or the applicant shall thereafter be considered in violation of this Part II and shall be notified of the same in accord with the process hereinafter set forth.

Duration of validity. All initial and subsequent biennial operating permits shall be effective for a two-year period from and following their date of issuance.

The Village Board may on its own motion, on petition, or on recommendation of the Board of Appeals, amend the chapter pursuant to the applicable requirements of law.

All proposed amendments originating by petition, or by motion of the Village Board, shall be referred to the Board of Appeals for a report and a recommendation thereon. The Board of Appeals shall submit its report within 30 days after receiving such referral. Failure of the Board of Appeals to report within the required time shall be deemed to constitute their recommendation for approval of the proposed amendment.

Any proposed amendment governed by the applicable portions of § 239-m of the General Municipal Law shall be referred to the Hamilton County Board of Appeals and; upon approval by the Adirondack Park Agency of the Village's local land use program, or the portion of such program embodied by this Part II, any amendment will be referred to the Adirondack Park Agency in accord with the procedure identified under § 150-2.19 below.

Before any amendment, there shall be a public notice and hearing thereon as provided by law and as set forth below.

After the public hearing, and referral to and report by the Board of Appeals, a majority vote of the members of the Village Board shall be required to amend this Part II.

Public hearing shall be required prior to any action on any amendment or variance considered under this Part II.

The Village Board shall hold any public hearing in consideration of any amendment to this Part II in accordance with the applicable provisions of law.

The Board of Appeals may, at its discretion, hold a public hearing in the consideration of a conditional use in accordance with the procedure outlined for such use in the Zoning Regulations of Part IV of this chapter.

The Board of Appeals shall hold any public hearing in consideration of a request for any variance in accordance with the applicable provisions of law. In addition, the Board of Appeals may, at its discretion, hold a public hearing in the consideration of any other matter within its jurisdiction, including a request for interpretation or extension of time, which it has been delegated to consider under this Part II.

Public notice of any required public hearing will be advertised in a newspaper of general circulation in the Village at least five business days prior to the date of such hearing and shall specify the date, time, place, and purpose of such hearing.

The instrument of the Village responsible for calling any public hearing may require any applicant in an action necessitating public hearing to notify by certified mail or other acceptable means, adjoining and other specifically designated property owners and persons of legitimate interest concerning the public hearing.

The hearing shall be conducted in accord with the guidelines established by the presiding officer. Any person or party of interest may appear in person or by agent or attorney and shall be given an opportunity to be heard, as it is relevant to the proceedings.

Whenever any amendment, conditional use, or variance would apply to real property within a distance of 500 feet from any boundary line of a neighboring municipality or within 500 feet of any county or state property or right-of-way, said proposed amendment, conditional use or variance shall be referred to the Hamilton County Board of Appeals, which Board shall have 30 days in which to report its recommendations to the Board from which it was referred. Failure of the County Board of Appeals to report within 30 days may be construed to be approval by the County Board of Appeals. Notification of action taken on any matter previously referred to the County Board of Appeals will be given within seven days of such action.

At such time as this Part II may become part of an approved local land use program for the Village under the Adirondack Park Agency Act, any amendment or variance and all matters deemed to have a regional impact and classified as either Class "A" or Class "B" regional projects shall be referred to the Adirondack Park Agency in accord with the provisions for the administration of an approved local land use program as set forth in Article V of Part V of this chapter. Until such time as this Part II become part of such Adirondack Park Agency approved program, the Village will administer tis Part II as herein provided and will notify any applicant of the need to comply with all applicable requirements of the Adirondack Park Agency Act.

Enforcement. This Part II shall be enforced by a person hereinafter called the "Code Enforcement Officer," designated by the Village Board, who shall in no case grant any permit or certificate where any proposed mobile home park, recreational campsite or construction or installation in connection therewith would be in violation of any provision of this Part II. The Code Enforcement Officer shall establish such procedure and make such inspections of the premises as are necessary to carry out his duties in the administration and enforcement of this Part II. Further, the Code Enforcement Officer shall prepare and submit a written record and report of all official actions, including permits and certificates issued and denied, to the Village Board on a monthly basis or as otherwise directed by the Village Board with copies transmitted to the Board of Appeals.

Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Code Enforcement Officer a written, signed complaint against any alleged violation of this Part II. It shall be the duty of the Code Enforcement Officer to investigate such alleged violation and to report thereon to the Village Board in a timely manner, which report shall be filed and be part of the public record of the Village.

Notification and correction. Any mobile home park or recreational campsite or unit, facility or installation in connection therewith determined to have been created, located or expanded which does not comply with this Part II shall be so recorded by the Code Enforcement Officer and a report thereof filed with the Village Board. The Code Enforcement Officer, at the direction of the Village Board, shall give official written notice to this effect to the owner of record thereof. The owner shall initiate measures to correct such noncompliance within 30 days from the date of notification. If within this thirty-day period application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agreed upon timetable and to the satisfaction of the Village Board, the Village Board shall instruct the Village Attorney to institute proceedings to compel compliance and assess such penalties in accord with the provisions hereinafter set forth for the violation of this Part II.

Violations and penalties. Violations and penalties shall be as follows:

Appeal. All appeals for relief from the application of this Part II in matters of interpretation or request for variance shall be directed to the Board of Appeals whose duties and procedure for consideration of appeal are as set forth in Article I of Part V of this chapter. Where the Board of Appeals finds that practical difficulty or unnecessary hardship may result from strict compliance with this Part II, it may vary this Part II so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this Part II or the Village Plan. In granting such variances, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.

Court review. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, Village Board or any official instrument of the Village in the administration of this Part II may have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules, provided the proceeding is commenced within 30 days after the filing of the decision in the appropriate office of the Village. Costs shall not be allowed against the Village unless it appear to the court that the Village or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.

Interpretation. Terms and words used herein are as defined in Article IV of Part V of this chapter. In their interpretation and application, the provisions of this Part II shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare; and only where exceptional conditions warrant, which conditions shall be fully documented, shall the responsible instrument of the Village require such additional measures as are reasonable and appropriate under the circumstances to accomplish the purposes of this Part II. Whenever the requirements of this Part II are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standard shall govern.

Separability. The invalidity of any provision of this Part II shall not invalidate any other provision thereof.

Invalidity. No approval, permit or certificate authorized or granted by any official instrument of the Village in contradiction to the provisions of this Part II shall vest any rights or interest to the recipient irrespective of any action taken or obligation incurred in reliance on such authorization, nor shall the Village be liable for same, under any such invalid authorization.

Liability. Nothing in this Part II, including the issuance of a building/use permit, operating permit, or certificate of compliance, shall be construed to insure or in any way guarantee any mobile home park or recreational campsite or structure or installation therein against defect, failure or other shortcoming, and the Village shall not be liable for same.

Fees. A schedule of fees for the administration of this Part II in consideration of an application for any building/use permit, certificate of compliance, operating permit, variance or amendment shall be as established by resolution of the Village Board.

Effective date; repealer. The "Village of Speculator Mobile Home Park and Recreational Campsite Regulations" shall become effective at the time and in the manner provided by law and any existing Village ordinances, statutes, resolutions, regulations, or laws in conflict with its provisions shall be deemed repealed upon the effective date of this Part II.

Continuation. Nothing herein, however, shall be deemed to exempt or release any prior or current mobile home park or recreational campsite from any requirements, stipulations or pending actions under any Village requirements in force and effect prior to the effective date of this Part II.