[HISTORY: Adopted by the Town Board of the Town of Highlands 12-1-1966.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
This chapter shall be known and may be cited as the "House Trailer and
Mobile Home Ordinance of the Town of Highlands."
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]
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.
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.
[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.
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.
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.
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]
(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:
(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]
[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.
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.
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.
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]
[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.
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.
