Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands 12-1-1966. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.

§ 130-1 Title.

This chapter shall be known and may be cited as the "House Trailer and Mobile Home Ordinance of the Town of Highlands."

§ 130-2 Purpose.

It is the purpose of this chapter to regulate the maintenance of house trailers and mobile homes and house trailer courts as mobile home courts within the Town of Highlands and to prescribe regulations for said courts to regulate the parking and locations of house trailers and mobile homes outside of said courts within the Town of Highlands, outside the Villages of Highland Falls and West Point, and to require that house trailer courts and mobile home courts within the Town of Highlands be laid out and constructed in accordance with approved plans as hereinafter set forth.[1]
[1]
Editor's Note: Former Section 3, regarding definitions, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-3 Permit required for trailer or mobile home courts.

No person, firm or corporation, being the owner or occupant of any land or premises within the Town of Highlands, shall use or permit the use of said land or premises as a trailer court or mobile home court or alter, expand or modify the use of such land as a trailer court or mobile home court without obtaining a permit therefor as hereinafter provided.

§ 130-4 Issuance of permit and fees for trailer or mobile home courts.

A. 
Application for permit.
(1) 
The application for each trailer court permit or mobile home permit shall be in writing and signed by the applicant. The application shall state the following:
(a) 
The name and the address of the applicant;
(b) 
The name and address of each partner, if the applicant is a partnership;
(c) 
The name and address of each officer and director if the applicant be a corporation;
(d) 
A complete description of the premises upon which the proposed court is to be located;
(e) 
The name and address of the owner or owners of such premises; and
(f) 
The number of court units to be provided in the proposed trailer court or mobile home court.
(2) 
Each application shall be in quintuplicate and shall be accompanied by five sets of plans and specifications, prepared and drawn to scale by a registered architect or licensed professional engineer showing the layout of the court unit; the location of streets; the location of the ingress and egress exits to public highways; the entrance and exit signs located in the proposed trailer court or mobile home court; location of street lights and street signs; the location and number of toilets, lavatories, showers and tubs for each sex; the location of water service and water hydrants; and the location of slop sinks, garbage receptacles and laundry trays. One copy of the application and one set of plans shall be retained by the Town Clerk, and the other copies of the application and set of plans shall be given respectively to the Town Building Inspector, the Town Planning Board and the Town Assessors.
(3) 
If the applicant is not the owner of the premises, the application shall also be accompanied by an original or photostatic copy of the lease of the premises and a written statement signed by all of the owners of the premises consenting that the premises be used for the purpose of a trailer court or mobile home court.
B. 
Such application shall be accompanied by a letter or other statement from the Orange County Health Department indicating compliance by the applicant with all pertinent rules and regulations of the Orange County Health Department and of the Sanitary Code of the State of New York. Separate investigation shall be made by the Town Health Officer who shall transmit his report to the Town Building Inspector, together with his written approval or disapproval and any recommendations pertaining thereto.
[Amended 4-14-1970]
C. 
If the application is approved by the Health Officer and if the Building Inspector is satisfied that the requirement set forth in this chapter and any other applicable ordinances of the town have been fulfilled, he shall so advise the Town Clerk, who, upon receipt of the fee herein provided, shall issue a permit to become effective from the date thereof and to continue in force until expired or revoked, as provided for hereafter and for the use of the premises therein specified as a trailer court or mobile home court, which permit shall specify the number of court units which may be used in said court. Such permit shall not be transferable or assignable.
D. 
Fees. The applicant for a trailer court or mobile home court permit shall, at the time of the issuance of any such permit, pay to the Town Clerk, a fee as set by resolution of the Town Board from time to time.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I); former Sections 6, regarding regulations for trailer courts and mobile home courts, and Section 7, regarding inspection, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now § 210-10D(7) of Chapter 210, Zoning.

§ 130-5 Revocation of permit for trailer court.

[Amended 4-14-1970[1]
If any authorized representative of the Town of Highlands finds that any trailer or mobile home court is not being maintained in a clean and sanitary condition or the provisions of this chapter are not being complied with, such facts shall thereupon be reported to the Planning Board, and the Planning Board may thereupon direct the Town Clerk to serve an order, in writing, or in person upon the holder of the permit or the person in charge of said trailer or mobile home court directing that the conditions specified to be remedied within 10 days after the date of the service of such order. If such conditions are not corrected after the expiration of said ten-day period, the Planning Board may cause a notice, in writing, to be served upon the holder of said permit or the person in charge of such trailer or mobile home court, requiring the holder of the permit to appear before the Planning Board of the Town of Highlands at a time to be specified in such notice and show cause why such trailer court permit or mobile home court permit shall not be revoked. The Planning Board may, after a hearing at which testimony of witnesses may be taken and the holder of a permit heard, if he desires to be heard or produce witnesses, revoke such permit if the Planning Board shall find that said court is not being maintained in a clean, safe and sanitary condition or if it finds that any provisions of this chapter have been violated. Upon the revocation permit, the premises shall forthwith cease to be used for the purposes of a trailer court or mobile home court, and all house or mobile home trailers shall forthwith be removed therefrom.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-6 Annual status of permit statement.

Each year on December 1, the owner or holder of a permit for a trailer or mobile home court hereunder shall submit to the Town Clerk a statement of the status of his permit. Such statement shall describe in detail any changes in the layout or plan of the trailer or mobile home court and shall be accompanied by a plan as provided for in § 130-4 herein showing such change of plan or layout. In addition, if the holder of the permit is a lessee of the premises used for such trailer or mobile home court, he shall describe in detail any changes in his leasing agreement and accompany the same with a copy of the new lease. If ownership of such premises has changed, the statement shall contain the names and addresses of the new owners thereof and shall be accompanied by a statement signed by such new owners consenting to the use of said premises as a trailer or mobile home court. In the event that there has been no change in the layout or plan of the trailer or mobile home court or no change in the leasing agreement, then the owner or holder of said permit shall so certify in the status of permit statement. Every status of permit statement shall be accompanied by the same fee provided in § 130-4D of this chapter covering the original issuance of such permit. In the event that such status of permit statement is not filed on or before December 31 of each year, then the permit heretofore issued hereunder shall be deemed expired and upon written notification of such expiration by the Town Clerk such permit shall be forthwith surrendered to the Town Clerk for cancellation.

§ 130-7 Application to existing trailer or mobile home courts. [1]

This chapter shall apply to all existing trailer or mobile home courts in the Town of Highlands from the date of the adoption of this chapter except as specifically set forth herein.
A. 
The owner or operator of any existing trailer or mobile home court shall have 60 days after this trailer chapter becomes effective to make an application for a permit to operate such court. Such application shall contain the information required by § 130-4A and shall be accompanied by the fee set forth in § 130-4D. The plans, however, for such existing court need not be drawn by a registered architect or licensed professional engineer, provided that they are drawn to scale in a neat draftsmanlike manner and show the boundaries of the court and location and size of the existing units. Upon approval of such permit and the payment of the fee thereof, the Town Clerk therewith shall issue a permit to operate such court.
B. 
Any additions, extensions or enlargements of existing courts shall comply with all the provisions of this chapter. Applications for permits to construct such additions, extensions or enlargements shall be made as provided in § 130-4.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-8 Regulations for house trailers or mobile homes not located in a trailer or mobile home court.

A. 
Highway parking prohibited. No house trailer or mobile home shall be allowed to remain upon any public highway, street, alley or other public place for a period longer than four hours, except for emergency stopping or parking occasioned by mechanical failure as permitted upon the shoulder of a street or highway for a period of not longer than 24 hours, subject, however, to any other and further prohibitions, regulations or limitations imposed by law, parking regulations or ordinances.
B. 
No house trailer or mobile home shall be parked outside of a duly licensed trailer or mobile home court in the Town of Highlands, except in accordance with this chapter and with the Chapter 210, Zoning, and except as follows:
[Amended 4-14-1970]
(1) 
Any owner of land who intends to build a dwelling house upon a parcel of land in the Town of Highlands may make application to the Planning Board for a permit to park a house trailer or mobile home upon said parcel of land during the erection of said dwelling. After such investigation as the Planning Board deems proper, the Planning Board may authorize the Town Clerk to issue a permit for a period not in excess of one year from the date of issuance thereof or until said dwelling house has been completed, whichever is the shorter period. Said permit may be extended by the Planning Board for a period not in excess of one additional year from the date of the expiration thereof. After the expiration of said period, said trailer shall be vacated as living quarters and disconnected from its water supply and sewage disposal system and removed from the premises. During the term of said permit, or any extension thereof, there shall be no alteration, addition or conversion of said trailer or mobile home into a permanent structure for use as a dwelling place of any kind, nature or structure.
(2) 
Any contractor engaged in construction work in the Town of Highlands may apply to the Planning Board for a permit to use a house trailer or trailers or mobile home or homes as a field office or dressing room for workmen engaged in such construction work, survey projects and other similar work. The Planning Board, after such investigation as it deems proper and after all sanitary facilities as are deemed necessary have been provided for and payment of the fee as hereinafter provided for, may grant a permit to use said house trailer or trailers or mobile home or homes for the duration of the particular work project. The consent, in writing, of the owner and/or lessee of any property upon which said house trailer or trailers or mobile home or homes are to be located shall be accompanied by an application for such permit. The Planning Board may authorize the Town Clerk to issue such a permit for a period not to exceed one year from the date of issuance thereof or until the work project is completed, whichever is the shorter period. Said permit may be extended by the Planning Board for a further period of one year or until the work project has been completed. Upon the expiration of the permit issued by the Planning Board or any extension thereof, or upon the completion of the work under said project, the contractor shall forthwith remove the trailer or trailers from the premises on which they are located.
(3) 
The owner or occupant of a house trailer or mobile home, other than the owner or occupant set forth in Subsections B(1) and (2), desiring to place or park the same in the Town of Highlands outside of a licensed trailer or mobile home court, on his own property, after compliance with the provisions of this chapter and the payment of the fee hereinafter set forth, shall be granted a permit to park such house trailer or mobile home on his own property. Said permit shall be valid for a term of three months. Thereafter, the owner or occupant may make an application for a renewal of such permit, and the Planning Board, after an examination of the facts submitted in support of the application for renewal and after affording the applicant an opportunity to be heard on such application, may, upon finding of hardship or sufficient extenuating circumstances, grant an extension of said permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Applications:
(a) 
Applications for permits pursuant to this section shall be made to the Planning Board of the Town of Highlands. The application shall set forth the following:
[1] 
The name and address of the applicant.
[2] 
The name and address of each partner if the applicant be a partnership.
[3] 
The name and address of each officer and director if the applicant be a corporation.
[4] 
The description of the premises upon which the house trailer is to be located.
[5] 
The name and address of the owner or owners of such premises, and, if the applicant is not the owner of the premises where said house trailer or mobile home is to be located, the applicant shall file with the issuing officer the acknowledged consent of said owner that the premises can be used for such purposes and subject to the provisions of this chapter.
(b) 
Each application shall be accompanied by a plot plan drawn to scale and prepared by a licensed professional engineer or surveyor and showing:
[1] 
The boundaries of the premises upon which said house trailer or mobile home is to be located.
[2] 
The location of said house trailer or mobile home upon said premises.
[3] 
The location of the water supply and sewage disposal systems to be used by said house trailer or mobile home.
(5) 
Any inhabited house trailer or mobile home parked and maintained pursuant to the provisions of this section shall have an approved water supply and shall install and use a sewage disposal system at least equal to that required by a two-bedroom dwelling.
(6) 
A house trailer or mobile home or house trailers or mobile homes exhibited for sale and uninhabited may be maintained in connection with a bona fide house trailer or mobile home sales agency, provided that said house trailer or house trailers or mobile home or mobile homes are located at the site of the trailer or mobile home court or in a Highway Commercial Zone, as the same is defined in any Master Plan hereafter adopted by the town.
(7) 
Fees. The applicant for a house trailer or mobile home permit pursuant to the provisions of this section shall, at the issuance of any such permit or renewal thereof, pay to the Town Clerk a fee, as set by resolution of the Town Board from time to time, except that no fee shall be required for a renewal permit issued pursuant to this subsection.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-9 Revocation of permit for house trailer or mobile home outside of trailer or mobile home court.

[Amended 4-14-1970]
If any authorized representative of the Town of Highlands finds that any house trailer or mobile home outside a trailer or mobile home court is not being maintained in a clean and sanitary condition or is not being maintained in accordance with the provisions of this chapter or is being maintained in violation of the terms and conditions imposed by the Planning Board hereafter, such facts shall thereupon be reported to the Planning Board and said Planning Board may direct the Town Clerk to serve an order, in writing, upon the holder of a permit and/or the owner of a house trailer and/or the owner of the premises, directing that the condition therein specified be remedied within 10 days after the date of service of such order. If such conditions are not corrected after the expiration of said 10 days, the Planning Board may remove said house trailer or mobile home forthwith from the premises.

§ 130-10 Application to existing house trailers or mobile homes not located in trailer or mobile home courts.

The provisions of § 130-8B of this chapter shall apply only to house trailers or mobile homes parked or placed outside a licensed trailer or mobile home court on or after the effective date of this chapter. House trailers or mobile homes parked outside of a duly licensed trailer or mobile home court prior to the effective date of this chapter and occupied as a dwelling may remain in the position or place in which they are then parked, subject to the existing ordinances of the Town of Highlands; provided, however, that no such house trailer or mobile home shall be moved to a new location in the Town of Highlands, except in compliance with the provisions of this chapter, and provided also that any owner or lessee of a house trailer or mobile home presently parked outside a licensed trailer or mobile home court may replace the same with a new or different mobile home or house trailer located upon the same plot of ground and in the same location. The owner of an existing house trailer or mobile home replacing the same with a new house trailer or mobile home shall file a plot plan with the Town Building Inspector showing the dimensions of the new trailer or mobile home and its location upon the building lot.

§ 130-11 Penalties for offenses. [1]

Any person who violates any provision of this chapter shall be guilty of an offense punishable by a fine of not more than $250 and not more than 15 days' imprisonment, or both. The application of the above penalty or penalties or the prosecution for the violation of the provisions of this chapter shall not be deemed to prevent the revocation of any permit issued pursuant thereto or the enforcement removal of conditions prohibited by this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-12 Issuance of permit.

The issuance of a trailer or mobile home court permit pursuant to the provisions of this chapter shall not be deemed to waive compliance by the holder thereof, by the property owner, or by any occupant of said court with any statute of the State of New York or ordinance or local law or health regulation of the Town of Highlands, or regulation of the New York State Health Department or the Orange County Health Department.[1]
[1]
Editor's Note: Former Section 16, regarding validity, and Section 18, regarding effective date, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 130-13 Variances.

[Amended 4-14-1970]
A. 
[1]Provided that an application for a permit for a trailer or mobile home court made pursuant to this chapter is accompanied by written approval of the Orange County Health Health Department and the Town Health Officer, the Zoning Board of Appeals is hereby authorized, upon appeal contained in such application and in specific cases where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, to vary or modify the application of any of the provisions of this chapter relating to unit size, street width, access or side yard, front yard and rear yard requirements; provided, however, that the spirit of the chapter shall be preserved, public safety and welfare secured and substantial justice done. No such variance shall be granted however, unless the Board makes the three findings set forth herein.
(1) 
That there are physical conditions applying to the land for which the variance is sought which conditions are peculiar to such land and have not resulted from any act of the applicant or any predecessor in title.
(2) 
That, because of such conditions, the strict application of this chapter would deprive the applicant of the reasonable use of such land and the granting of the variance is necessary for the reasonable use of the land.
(3) 
That the granting of the variance under such conditions as the Board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this chapter, will not represent a radical departure therefrom, will not change the character thereof and will not be otherwise detrimental to the public welfare.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
When the Board grants a variance, it shall be the duty of such Board to attach conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in harmony with the spirit and intent of this chapter.
C. 
Such variance shall not be transferable or assignable, and unless construction is commenced and diligently pursued within six months of the date of the granting of the variance, such variance shall become null and void.