Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury 10-12-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 32.
Subdivision regulations — See Ch. 240.
Zoning — See Ch. 280.

§ 185-1 Purpose.

It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Kingsbury by establishing specific minimum requirements and regulations governing the occupancy and maintenance of mobile homes, mobile home parks, travel trailers and travel trailer camps.

§ 185-2 Definitions.

COUNTY
The County of Washington.
FARM
Land used in agricultural production, of not less than 10 acres, used in the preceding two years for the production for sale of crops, livestock and livestock products of an average gross sales value of $10,000 or more.
FARMWORKER
One who is employed on a farm for a minimum of 20 hours per week.
INSPECTOR
The person or persons appointed by the Kingsbury Town Board to enforce the provisions of this chapter.
MANUFACTURED HOME
A structure transportable in two or more sections that in the traveling mode is eight feet or more in width or 40 feet or more in length or when erected on the site is 320 square feet minimum and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and including plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements with respect to which the manufacturer voluntarily files a certification required by the Federal Department of Housing and Urban Development and complies with the standards established by the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicles.
[Added 2-25-2013 by L.L. No. 1-2013]
MOBILE HOME
A movable or portable dwelling unit that was built prior to June 15, 1976, and designed and constructed to be towed on its chassis, comprised of frame and wheels connected to utilities, and designed and constructed without a permanent foundation for year-round living, excluding travel trailers. The definition of mobile homes shall apply to all single-section manufactured homes.
[Amended 9-12-1988 by L.L. No. 5-1988; 2-25-2013 by L.L. No. 1-2013]
MOBILE HOME LOT
A designated site of specific total land area within a mobile home park for the accommodation of one mobile home and its occupants.
MOBILE HOME PARK
Any parcel of land whereon two or more mobile homes are parked or located or which is planned and improved for the placement of two or more mobile homes and which is held open to the public for the parking or placement of mobile homes.
MOBILE HOME STAND
An area prepared for the placement and support of a mobile home.
OWNER
Any company, corporation or individual who has record title of all or any portion of proposed park.
TOWN
The Town of Kingsbury.
TRAILER CAMP
Any parcel of land whereon two or more travel trailers are parked or located, or which is planned and improved for the placement of two or more travel trailers and which is held open to the public for the parking or placement of travel trailers.
TRAVEL TRAILER
Any vehicle designed or used or intended to be used for temporary living quarters for travel, recreational or vacation purposes.

§ 185-3 License required.

No person, partnership, association or corporation being the owner, lessee or occupant of any land within the Town of Kingsbury shall use or allow the use of such land for a mobile home park or trailer camp unless a license therefor has been obtained as herein provided.

§ 185-4 Application.

A. 
Each application for a license for a mobile home park or trailer camp shall be in writing and signed by the applicant. The application shall state:
(1) 
That the application is for a mobile home park or a trailer camp license, as the case may be.
(2) 
The names and addresses of the applicant and of the owner or owners of the premises upon which the park or camp is to be located, and:
(a) 
If any applicant or owner be a partnership, the names and addresses of each partner thereof.
(b) 
If any applicant or owner be a corporation or association, the names and addresses of each officer and director thereof and of each owner of 10% or more of the shares thereof.
(3) 
A complete legal description of the land upon which the park or camp is to be located.
(4) 
The number of mobile home lots or trailer lots to be provided in the park or camp.
(5) 
Any special covenants or restrictions between the owners of the park and the tenants shall be submitted with the application.
B. 
Such application shall be filed with the Town Clerk in triplicate.
C. 
Such application shall be accompanied by three complete sets of plans and specifications prepared and certified by a registered architect, licensed professional engineer or licensed surveyor. Such plans shall show the date thereof and the name of the applicant, be drawn to a scale, unless otherwise directed by the Planning Board, of not more than 50 feet to one inch, show contour intervals of not greater than five feet, indicate the North point thereof, and shall show and identify:
(1) 
The location of the land proposed to be used as a mobile home park or trailer camp.
(2) 
The boundaries of the park or camp.
(3) 
The major physical features of the land within the park or camp and within 300 feet thereof, including:
(a) 
All watercourses, marshes and area subject to flooding.
(b) 
All wooded areas.
(4) 
All existing development within the park or camp, and within 300 feet thereof, including:
(a) 
Structures.
(b) 
Streets, roads and highways, with suitable indication of the width thereof.
(c) 
Utilities and service facilities.
(5) 
All proposed development within the park or camp, including:
(a) 
Entrances, exits, streets and walkways, with suitable indication of the widths thereof.
(b) 
Each proposed mobile home lot or trailer lot, driveway, parking area and refuse collection area, with suitable indication of the dimensions thereof.
(c) 
Structures and improvements.
(d) 
Grading and landscaping.
(e) 
Stormwater drainage.
(f) 
Utilities and service facilities.
(g) 
Public improvements proposed by the Town in or adjoining the park or camp within 300 feet thereof.
(h) 
Any existing zoning.
D. 
Such plans shall include three sets of appropriate detailed drawings of and specifications for proposed structures, utilities and other improvements and shall show the method and plan for exterior lighting within the park.
E. 
Such application shall also be accompanied by plans approved by the New York State Department of Health or other acceptable certificate indicating compliance by the applicant with all pertinent rules and regulations of the New York State Department of Health and with the State Sanitary Code.
F. 
If the applicant is not the owner of the premises upon which the proposed park or camp is to be located, such application shall also be accompanied by an original or certified copy of a lease of the premises to the applicant and a statement signed and acknowledged by the owner or owners of the premises consenting that the premises be used as a mobile home park or trailer camp, as the case may be.
G. 
Such applications shall be accompanied by the proper application fee as hereinafter provided.

§ 185-5 Licensing procedures.

A. 
Upon receipt of a license application as hereinabove provided, the Town Clerk shall indicate the date of receipt thereon and promptly transmit one copy of the application and all accompanying plans and specifications and other supporting documents to the Inspector, and one copy thereof to the Town Planning Board for review and report pursuant to § 274 of the Town Law of the State of New York. The Town Clerk shall also place a notice in the official Town newspaper or newspapers to the effect that such an application has been filed.
B. 
The Inspector shall promptly ascertain whether the park or camp concerned complies with the requirements of this chapter and applicable rules and regulations of the New York State Department of Health and the Sanitary Code of the State of New York. The Inspector shall, after such investigation, and within 30 days of the date of receipt of the application by the Town Clerk, transmit his written approval or disapproval of the application and his recommendations pertaining thereto to the Planning Board.
C. 
The Planning Board shall, at its next regular monthly meeting, consider the location and the general arrangement of the mobile home park or trailer camp, including the location and width of streets; the location, size and arrangement of lots; the location of other structures within the park or camp; the location of entrances and exits; and the location, type and extent of landscaping and screening materials. The Planning Board shall, after such consideration and within 15 days of this meeting, communicate in writing to the applicant any request for more information and for the answers to any unresolved questions.
D. 
The Planning Board at its next regular monthly meeting shall consider both written and verbal replies by the applicant to its request for additional information and shall, by resolution, indicate its approval or disapproval of the application. A majority of the entire Planning Board membership shall be required for approval. The Planning Board Secretary shall notify the applicant of the Planning Board's decision, in writing, within five days thereof.
E. 
If the application is approved by the Planning Board, the Inspector shall, upon receipt of the applicable license fee herein provided together with the actual cost to the Town of any engineering or other similar services incurred by the Town in the consideration of the application, issue a license to be effective from the date thereof through the 31st day of December next succeeding. Such license shall specify the number of mobile home lots or trailer lots which may be used in the park or camp to which it pertains.
F. 
If an application is disapproved by the Planning Board, the applicant may present an appeal to the Zoning Board of Appeals. The hearing conducted by the Zoning Board of Appeals shall include the reasons for denial of the application by the Planning Board. Approval by the Zoning Board of Appeals after denial of the application by the Planning Board shall require a majority plus one of the entire Board membership.
G. 
No such license shall be transferable or assignable.

§ 185-6 Supplemental licenses.

A. 
Any person holding a license for a mobile home park or trailer camp and desiring to add additional lots to such park or camp shall file an application for a supplemental license.
B. 
The application for such supplemental license shall be made and shall be considered in the same manner as an application for a license for a mobile home park or trailer camp as provided in §§ 185-4 and 185-5 hereof. All supplemental licenses shall be effective from the date of issue to the 31st day of December next succeeding.

§ 185-7 Renewal of licenses.

A. 
An application for the renewal of any mobile home park or trailer camp license shall be made with the Inspector on or before the first day of December preceding the expiration date of such license.
B. 
If the applicant for a renewal license is not the owner of the premises to which the application pertains, the renewal application shall be accompanied by the documents described in § 185-4F hereof.
C. 
The Inspector shall determine if the provisions of this chapter are being complied with by the applicant. If they are, upon receipt of the applicable fee, he shall issue the renewal license to be effective for a period on one year commencing on the first day of January following the expiration of the prior license.
D. 
No renewal license shall be transferable or assignable.

§ 185-8 Standards for mobile home parks.

A. 
Every mobile home park shall be at least two acres in size and shall be located in an area where grades and soil conditions are suitable for use as mobile home sites, on a well-drained site properly graded to ensure rapid drainage and be free at all times from stagnant pools of water. The park shall be free or shall be made free from heavy or dense growth of brush and woods.
B. 
Every mobile home park shall be marked off into mobile home lots.
(1) 
The total number of mobile home lots in a mobile home park shall not exceed five per gross acre.
(2) 
Each mobile home lot shall have a total area of not less than 7,500 square feet and no boundary line thereof shall be less than 75 feet in length.
C. 
No mobile home shall be parked or otherwise located elsewhere than upon a mobile home stand.
(1) 
No such stand shall be nearer than a distance of:
(a) 
Thirty feet from an adjacent mobile home in any direction.
(b) 
Forty feet from an adjoining property line.
(c) 
Seventy-five feet from the center line of any state or county street or highway and 65 feet from the center line of a Town street or highway.
(d) 
Twenty feet from the nearest edge of any right-of-way boundary of any street within the park.
(2) 
Only one mobile home shall be permitted to occupy any one mobile home lot.
D. 
Each mobile home lot shall have a mobile home stand. Every such stand shall:
(1) 
Permit the practical placement or the removal from the lot of a mobile home and its appurtenant structures and the retention of the home on the lot in a stable condition.
(2) 
Be of sufficient size to fit the dimensions of any mobile home placed thereon, together with its appurtenant structures or appendages.
(3) 
Be constructed of an appropriate durable nonporous material which is adequate for the support of any load which may reasonably be expected to be placed thereon.
(4) 
Have a durable surface and be suitably graded to permit rapid surface drainage.
(5) 
No structural additions or attached structures shall be constructed or permitted for a mobile home.
[Added 2-25-2013 by L.L. No. 1-2013]
E. 
Every mobile home park shall be easily accessible from a public highway or street.
(1) 
Any mobile home park containing more than 16 mobile homes shall have two points of entry and exit, but no mobile home park shall have more than four entry and exit points.
(2) 
Every entrance to and exit from a mobile home park shall be so designed and located as to provide safe and convenient movement of persons and vehicles into and out of the park and to minimize friction with the free movement of traffic on the public highways and streets to which it connects. Every entrance and exit shall be:
(a) 
At right angles to the public highway or street to which it connects.
(b) 
Free of any material which would impede the visibility of a driver on a public highway or street.
(c) 
Of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
(3) 
Each mobile home park shall have streets providing convenient access to all mobile home lots and other important facilities within the park. All such streets shall:
(a) 
Be improved to not less than minimum oil-and-stone road specifications of the Town of Kingsbury.
(b) 
Be so designed as to permit safe and convenient vehicular circulation within the park.
(c) 
Be adapted to the topography and have suitable alignment and gradient for traffic safety.
(d) 
Intersect at right angles.
(e) 
Have a thirty-foot minimum width or right-of-way.
(f) 
Be maintained to a minimum width of 20 feet.
F. 
Except in case of emergency, no parking shall be allowed on any street in any mobile home park.
(1) 
At least one off-street parking space shall be provided on each mobile home lot. Each such space shall:
(a) 
Have a minimum length of 20 feet.
(b) 
Be connected to the street providing access to the mobile home lot by a driveway having a minimum width of nine feet.
(2) 
Additional off-street parking spaces shall be provided within the mobile home park at convenient locations for guests and delivery and service vehicles.
(a) 
There shall be one such parking space for each two mobile home lots within the park.
(b) 
Such parking spaces shall be in bays which provide adequate maneuvering space.
(3) 
Every such parking space and driveway shall:
(a) 
Be constructed of an appropriate durable nonporous material adequate for the support of any load reasonably expected to be placed thereon.
(b) 
Have a durable surface and be suitably graded to permit rapid surface drainage.
G. 
The following utilities and service facilities shall be provided in each mobile home park and shall be constructed and maintained in accordance with the regulations and requirements of the New York State Department of Health and the Sanitary Code of New York State.
(1) 
An adequate supply of pure water for drinking and domestic purposes supplied by pipes to all mobile home lots and service buildings within the park, with proper connections to each building and mobile home.
(2) 
A sewage system connected to each mobile home and service building situated in the park, to receive the waste from showers, tub, toilets, lavatories and sinks therein and dispose of the same in a sanitary manner. Sewer connections in unoccupied lots shall be tightly sealed to prevent emission of gas and odors and the breeding or harboring of insects or vermin.
(3) 
Garbage cans with tight-fitting covers, in quantities adequate to permit the disposal of all garbage and rubbish from the park. Such cans shall be kept covered and in sanitary condition at all times. An adequate supply of such cans shall be kept within 100 feet of each mobile home lot. Garbage and rubbish shall be collected and disposed of outside of the park as frequently as may be necessary to ensure that such cans shall not overflow.
(4) 
Other service buildings as deemed necessary for the normal operation of the park. Such buildings shall be maintained in a clean, orderly and sanitary condition.
(5) 
Underground weatherproof electric service connections and outlets of a type approved by the New York State Board of Fire Underwriters, for the provision of electric service to each mobile home located or to be located in such park; unless underground service is not economically feasible.
(6) 
A storage building or other suitable place for the secure and orderly storage of personal property, such as bicycle, baby carriages, lawn furniture and the like, shall be placed on each mobile home lot for the use of the occupants of the mobile home thereon. No combustible or noxious material shall be stored beneath any mobile home, nor shall any personal property be so stored beneath a mobile home as to constitute a health hazard or other public nuisance.
H. 
Each mobile home park shall provide common open space, not including roads, conveniently located for the use of the occupants of such park. Such space shall have a total area equal to at least 10% of the gross land area of the park.
I. 
Every mobile home park shall have lawn or other suitable vegetative ground cover on all areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas. Trees or shrubs shall be provided to the extent necessary to screen objectionable views and to provide adequate shade and a suitable setting for the mobile homes and other facilities in the park.
(1) 
Views which shall be screened include, fuel tanks and other nonresidential uses, garbage storage and collection areas and all abutting yards of adjacent properties.
(2) 
Other planting shall be provided along those areas within the park which front upon public highways and streets to reduce glare from automobile headlights and provide pleasant outlooks for the living units.
J. 
No mobile home shall be placed in any mobile home park unless the same shall have a flush toilet, a tub or shower, a sink, cooking and heating facilities and plumbing and electrical systems for connection to outside systems, all which comply with all applicable laws, rules and regulations.
K. 
Every mobile home park shall be sufficiently lighted during hours of darkness to provide for the movement of pedestrian occupants of the park to and from mobile homes and service buildings.
L. 
The owner or operator of every mobile home court shall keep a permanent record in writing, of all persons occupying or using the facilities of such court, which shall include the following:
(1) 
The names and addresses of each occupant of each mobile home.
(2) 
Name and address of the owner of each mobile home.
(3) 
Year, make, model and color of each mobile home.
(4) 
Registration numbers of any motor vehicle regularly maintained by any resident of the mobile home park.
M. 
Construction shall commence not later than 90 days from date of approval of application.

§ 185-9 Trailer camp standards.

A. 
All of the provisions of § 185-8 hereof shall apply to every trailer camp, except as otherwise provided in this section. For the purpose of the regulation of travel trailers and trailer camps, such § 185-8 shall be read and construed as if the terms "mobile home," "mobile home lot," "mobile home park," and "mobile home stand" read "travel trailer," "trailer lot," "trailer park" and "trailer stand."
B. 
The total number of trailer lots in any trailer camp shall not exceed 12 per gross acre.
C. 
Each trailer lot shall have a total area of not less than 2,500 square feet with a minimum dimension of 30 feet.
D. 
No travel trailer shall be parked or otherwise located nearer than a distance of 20 feet from an adjacent travel trailer in any direction.
E. 
The following utilities and service facilities shall be provided in each trailer camp and the same shall comply with the regulations and requirements of the New York State Department of Health and the Sanitary Code of New York State.
(1) 
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and trailer lots within the camp to meet the requirements of such camp. Each lot shall be provided with a cold-water tap, the waste from which shall be emptied into a drain connected to an approved disposal system.
(2) 
Toilet and other necessary sanitary facilities for males and females shall be provided in permanent structures. Such facilities shall be housed in either separate buildings or in the same building. In the latter case, such facilities shall be separated by soundproof walls. The male and female facilities shall be marked with appropriate signs and have separate entrances for each.
(3) 
Such toilet and other sanitary facilities shall be provided in the following manner:
(a) 
Male facilities shall consist of not less than: one flush toilet for every 20 trailers; one urinal for every 20 trailers; one lavatory for every 10 trailers; one shower, with an adjoining dress compartment of at least 16 square feet for every 10 trailers.
(b) 
Female facilities shall consist of not less than: one flush toilet for every 10 trailers; one lavatory for every 10 trailers; one shower, with an adjoining dress compartment of at least 16 square feet for every 10 trailers.
(c) 
Provide a dumping station facility.
(4) 
Lavatory and shower facilities shall be supplied with hot and cold running water.
(5) 
The buildings housing such toilet and sanitary facilities shall be well-lighted at all times of the day and night, shall be well-ventilated with screened openings, shall be constructed of moistureproof material, shall be well-heated and shall be clean and sanitarily maintained at all times. The floors of such buildings shall be of water-impervious material.
(6) 
Such buildings shall not be located nearer than 40 feet nor further than 400 feet from any travel trailer.
(7) 
Laundry facilities at suitable locations for the convenience of the occupants of the park. Such facilities shall be equipped with at least one operating washing machine and one operating dryer. Such facilities shall be housed in a permanent structure or structures which shall be adequately lighted, heated and ventilated. Such facilities shall be maintained in a clean, orderly and sanitary condition.
(8) 
Not less than one public telephone.
F. 
Waste from all buildings and trailer lots shall be discharged into an approved public or private sewer system in such manner as not to present a health hazard.

§ 185-10 Mobile homes located outside mobile home parks; manufactured homes.

A. 
No mobile home shall hereafter be parked or otherwise placed within the Town and outside a licensed mobile home park, except as follows:
(1) 
The Planning Board may grant a permit, for a period not to exceed one year to the owner of land within the Town who intends to construct on such land a dwelling house for his own occupancy or his employee's occupancy. The owner of the land may place or park a mobile home on such land for his own occupancy or his employee's occupancy during the construction of such dwelling. Said permit may be renewed only once, without a fee, for a period not to exceed one year. The mobile home shall be removed from the premises upon expiration of the permit. In addition to the application form, the owner shall furnish the information of § 185-10B(1) and the following data:
(a) 
Specifications and plans for the dwelling house in accordance with the New York State Building Codes and its placement on the site.
(b) 
Evidence of financial ability to complete construction.
(c) 
The appropriate fee for a building permit.
(2) 
The Inspector may grant a permit, for a period not to exceed one year, to the owner or occupant of land within the Town of Kingsbury to temporarily replace an occupied dwelling destroyed by fire or other disaster in accordance with § 185-10D. Said license is not transferable and becomes void if ownership of the land changes or if the mobile home is unoccupied for more than 90 consecutive days. Said permit may be renewed only once, without a fee, for a period not to exceed one year. In addition to the application form the owner shall furnish the information of § 185-10B(1) and the following data:
(a) 
Specifications and plans for repair and/or replacement of the damaged structure in accordance to the New York State Building Codes.
(b) 
Appropriate fee for a building permit, if applicable.
(3) 
The Planning Board may grant a permit to the owner of a farm, who can demonstrate substantial need, to set up a mobile home or mobile homes to be occupied only by a farm worker or workers and his or their families. Such need may include data on the number of cows being milked, acreage farmed, size of greenhouse operation, size of stable operation or other appropriate considerations. Each mobile home shall be located on a lot of at least 75 feet by 100 feet and shall be no closer than 100 feet to the farm house or any farm building. The lot(s) shall be free from drainage problems and fenced off from farm animals. Said license shall be valid for 12 months from the date of issue.
(4) 
Mobile homes shall not be permitted in any other circumstances. The Inspector may grant a permit for a manufactured home on a site in a zone specifically allowing such use. Such manufactured home shall:
[Added 4-13-1987; amended 2-25-2013 by L.L. No. 1-2013]
(a) 
Be on a parcel meeting minimum zone requirements.
(b) 
Have setbacks as determined by the Zoning and Subdivision Ordinances,[1] as applicable.
[1]
Editor's Note: See Ch. 280, Zoning, and Ch. 240, Subdivision of Land.
(c) 
Meet Parts 1220 through 1222 of New York State Uniform Fire Prevention and Building Code.
(d) 
Have a full foundation consisting of a poured concrete footing below the frost line and at least three (3) feet above grade.
(5) 
Within 30 days prior to the expiration of a permit for a mobile home or manufactured home outside a mobile home park, the owner shall renew said permit, without a fee, with the Building Inspector. For mobile homes permitted for farm use, evidence of the farmworker-occupant's employment on the farm, such as a W-2 form or its equivalent, shall accompany the renewal application.
[Amended 4-13-1987; 2-25-2013 by L.L. No. 1-2013]
B. 
The owner of land, as above provided for, shall file an application and three copies for a license with the Town Clerk.
(1) 
Each such application for a mobile home shall be in writing and signed by the applicant. This application must state and be accompanied by the following:
(a) 
The name and address of the applicant.
(b) 
The location and description of the land.
(c) 
A plan drawn to scale of not smaller than one inch equals 20 feet. This plan must show the boundaries of the land, the location of the mobile home on the land, the location and plan for the proposed water and sewage disposal systems and the location of adjacent properties and structures.
(d) 
A certified or photostatic copy of the deed to the land which indicates that the applicant is the owner of such land.
(e) 
The proper fee from Appendix A.[2]
[2]
Editor's Note: The contents of original Appendix A established a schedule of fees, which can now be found in Ch. 130, Fees.
(2) 
Review of applications.
(a) 
The Town Clerk shall transmit the completed application to the Town Inspector.
(b) 
Upon receipt, the Inspector shall review all applications' compliance with the provisions of this chapter and the requirements of the County or State Department of Health.
(c) 
With respect to an application for a permit for a mobile home to temporarily replace an occupied dwelling destroyed by fire or other disaster, the Inspector shall issue or deny the permit within five days of receipt of the application.
(d) 
With respect to an application for a permit for a mobile home for use during new construction and for farm use, the Inspector shall transmit the application along with his written findings to the Planning Board within 30 days of receipt of the application.
(3) 
The Planning Board shall review the application and the findings of the Inspector and, by resolution, within 30 days of its next regular meeting, indicate its approval or disapproval of a mobile home for use during new construction or a mobile home for farm use.
(4) 
The Inspector or Planning Board shall notify the applicant of the decision and issue a permit to the applicant if the application was approved.
C. 
If an application for a permit to place a mobile home outside a mobile home park is denied by the Town Inspector or the Planning Board, the applicant may appeal said decision to the Town Zoning Board of Appeals. Approval by the Zoning Board of Appeals after denial of the application by the Planning Board shall require a majority plus one of the board membership.
D. 
Any mobile home parked or placed outside a duly licensed mobile home park shall have an adequate supply of pure water for drinking and domestic purposes and a sewage disposal system. Both systems shall satisfy the requirements of the New York State Department of Health.
E. 
No occupied mobile home outside a duly licensed mobile home park shall be parked or placed nearer than:
(1) 
A distance of 75 feet from the center line of a state or county street or highway and 65 feet from the center line of a Town street or highway.
(2) 
A distance of 40 feet from an adjacent property line.
F. 
Not more than one nonfarm mobile home shall be placed or parked on any parcel of land which is located outside a licensed mobile home park.

§ 185-11 Existing mobile homes.

A. 
A mobile home which is lawfully in existence prior to the enactment of this chapter but not located in a mobile home park may be continued to be used as living quarters by its occupants, provided that:
(1) 
The owner of the land upon which such mobile home is located shall register such mobile home with the Town Clerk within 30 days of the effective date of this chapter. Such registration shall be accompanied by a description of the parcel and of the mobile home, and a statement of the ownership of each.
(2) 
The mobile home meets the requirements of § 185-10C.
B. 
If the owner of the land desires to substitute a mobile home of superior construction or improve the facilities for the existing mobile homes, such owner shall file an application for license pursuant to § 185-10 hereof. The application fee from Appendix A will be required.[1]
[1]
Editor's Note: The contents of original Appendix A established a schedule of fees, which can now be found in Ch. 130, Fees.
C. 
No structural additions or attached structures shall be constructed or permitted for a mobile home.
[Added 2-25-2013 by L.L. No. 1-2013]

§ 185-12 Travel trailers outside trailer camps.

No travel trailer used as a permanent residence shall hereafter be parked or otherwise placed within the Town unless such travel trailer is parked or placed in a duly licensed trailer camp.

§ 185-13 Enforcement.

The Inspector of the Town of Kingsbury, shall enforce all of the provisions of this chapter.

§ 185-14 Revocation of mobile home park or trailer camp license.

A. 
If a police officer, the Inspector, or any authorized representative of the Town finds that any mobile home park or trailer camp is not being maintained in a clean and sanitary condition or is not being conducted in accordance with the provisions of this chapter, or that the applicable fees provided for in this chapter have not been paid, or that the applicable registration provisions of this chapter are not being carried out, such facts shall thereupon be reported to the Town Board. Said Town Board may direct the Town Clerk to serve an order in writing upon the holder of the license for such park or camp directing that the conditions therein specified be remedied within 10 days after date of service of such order.
B. 
If such conditions are not corrected after the expiration of said ten-day period, the Town Board may cause a notice in writing to be served upon the holder of said license requiring the said holder to appear before the Town Board at a time to be specified in such notice and show cause why such license should not be revoked. The Town Board may, after a hearing at which testimony of witnesses may be taken, and the holder of the license shall be heard, revoke such license if said Town Board shall find that the said park or camp is not being maintained in a clean and sanitary condition, or that any provision of this chapter has been or is being violated or that the fees provided for in this chapter have not been paid or for other sufficient cause. Upon the revocation of such license, the premises shall immediately cease to be used for the purpose of a mobile home park or trailer camp and all mobile homes and travel trailers, as the case may be, shall forthwith be removed herefrom and the land returned to its original condition.

§ 185-15 Revocation of license of mobile home outside park.

If a police officer, the Inspector or any authorized representative of the Town finds that any mobile home outside a mobile home camp is not being maintained in a clean and sanitary condition or is not being maintained in accordance with the provisions of this chapter, or that the fee provided for in this chapter has not been paid, such facts shall thereupon be reported to the Town Board, and the said Town Board may direct the Town Clerk to serve an order in writing upon the holder of the license, the owner of the mobile home or the owner of the premises on which it is located, or any or all thereof, directing that the condition therein specified be remedied within five days after the date of service of such order. If such conditions are not corrected, after the expiration of said five-day period, the Town Board may cause a notice in writing to be served upon the person or persons upon whom such order was served requiring the appearance of the person so served before the Town Board at a time to be specified in such notice and show cause why such license should not be revoked. The Town Board may, after a hearing at which testimony of witnesses may be taken and the person or persons so served shall be heard, revoke such license if the Town Board shall find that the said mobile home is not being maintained in a clean and sanitary condition or if they find that any provision of this chapter has been violated or that any fee provided in this chapter has not been paid or for any other sufficient cause. Upon the revocation of such license, the said mobile home shall be removed forthwith from the premises.

§ 185-16 Penalties for offenses; additional remedies.

[Amended 5-9-1983 by Ord. No. 952]
Any person who violates any provisions of this chapter shall be guilty of a violation against such chapter punishable by a fine of not more than $250 and not more than 15 days imprisonment. In addition, the violation of this chapter or any of the provisions thereof shall subject the person, firm or corporation violating the same to a civil penalty in the sum of $50 and when a violation of this chapter or any of the provisions thereof is continuous each 24 hours thereof shall constitute a separate and distinct violation, said penalty to be recovered by the Town of Kingsbury in a civil action. 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 license issued pursuant thereto or the enforced removal of conditions prohibited by this chapter.

§ 185-17 Compliance with statutes and other laws.

The issuance of any license pursuant to the provisions of the chapter shall not be deemed to waive compliance by any person with any statute of the State of New York or law, ordinance or health regulation of the Town or of the county.

§ 185-18 Exceptions.

None of the provisions of this chapter shall be applicable to the following:
A. 
The storage or garaging of travel trailers, not being used for living or sleeping purposes, within a building or structure or to the storage of one unoccupied travel trailer on premises occupied as the principal residence of the owner of such travel trailer; provided, however, that such unoccupied travel trailer shall not be parked or located between the street line and the front building line of such premises.
B. 
A mobile home or travel trailer located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work or tool house in connection with such project, provided that such mobile home or travel trailer is removed from such site within 30 days after the completion of such project.
C. 
A sectional house which is prefabricated in sections, transported to the building site then fastened together and placed on a permanent and totally enclosed masonry foundation and contains a minimum of 800 square feet of usable living space.

§ 185-19 Variances.

Where there are practical, difficult or unnecessary hardships in the way of carrying out the strict letter of provisions of this chapter, the Town Board, after review and recommendation by the Planning Board, shall have the power in a specific case to vary any such provisions in harmony with the general purpose and intent of this code, so that the public health, safety and general welfare may be secured and substantial justice done.

§ 185-20 Conditions for special permits.

After consideration of any application's potential impact upon the health, safety and welfare of the Town, the Planning Board and/or the Zoning Board of Appeals may impose reasonable conditions upon the issuance of any special permit within the scope of this chapter.