[HISTORY: Adopted by the Town Board of the
Town of Stillwater 2-20-2014 by L.L. No. 1-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
[1]
Editor’s Note: This local law also superseded former
Ch. 134, Mobile Homes, Mobile Home Parks and Travel Trailers, adopted
8-29-1974.
This chapter shall be known as the "Manufactured Home and Manufactured Home Park Ordinance of the Town of Stillwater" and is intended to replace, in its entirety, existing Town Code Chapter 134, Mobile Home, Mobile Home Parks, and Travel Trailers Ordinance.
The purpose of this chapter is to promote the health, safety,
and general welfare of the community, including the protection and
preservation of the property of the Town of Stillwater and of its
inhabitants by establishing specific requirements and regulations
governing the occupancy and maintenance of manufactured homes and
manufactured home parks.
For the purposes of this chapter, the following words, terms
and phrases shall have the meaning ascribed to them in this section:
A structure transportable in one 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 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 includes the plumbing,
heating, air-conditioning and electrical systems contained therein.
The term "manufactured home" shall also include any structure that
meets all requirements of this definition except the size requirement
and 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 under the National Manufactured
House Construction and Safety Act of 1974,[1] as amended. The term "manufactured home" shall not include
any self-propelled recreational vehicle. A label certifying compliance
with the Standard for manufactured homes, NFPA 501, ANSI A119.1 in
effect at the time of manufacture is deemed acceptable. For the purpose
of these provisions, a mobile home shall be considered a manufactured
home. This definition of manufactured home includes all additions
which are purchased and added thereto or additions made subsequent
to installation. This definition of manufactured home does not include
any factory manufactured modular housing placed on a standard foundation
nor does it include a recreational vehicle.
Construction which is required for the installation of a
manufactured home, including the construction of the foundation system,
required structural connections thereto and the installation of the
on-site water, gas, electrical and sewer systems and connection thereto
which are necessary for the normal occupancy of the manufactured home.
A manufactured home lot is a designated site which is located
within a manufactured home park for the accommodation of one manufactured
home and its occupants.
A manufactured home park is any parcel of land which is improved
or occupied for the placement of two or more manufactured homes which
are used as dwellings intended for occupancy for more than 30 consecutive
days.
The area prepared for the placement and support of a manufactured
home.
The Manufactured Home Construction and Safety Standards as
promulgated by the United States Department of Housing and Urban Development.
Any individual living or sleeping in a manufactured home
or having possession or use of a space within a manufactured home.
The code, called the New York State Uniform Fire Prevention
and Building Code (the "Uniform Code"), which took effect January
1, 1984 and prescribes minimum standards for both fire prevention
and building construction. The Uniform Code is applicable in every
municipality of the state (except the City of New York, which was
permitted to retain its own code).
[1]
Editor's Note: See 42 U.S.C.A. § 5401 et seq.
There shall be no new approval or establishment of manufactured
home parks in the Town of Stillwater after the effective date of this
chapter.
A.
Requirements for qualification as a legal nonconforming use manufactured
home park. A manufactured home park shall qualify for status as a
legal nonconforming use, provided that the park was in existence prior
to August 29, 1974 or legally permitted by the Town of Stillwater
after this date and legally located in the Town at the date of the
adoption of this chapter.
B.
Manufactured home parks that fail to qualify for nonconforming status.
All manufactured home parks which fail to qualify for legal nonconforming
status for whatever reason shall be closed, with all manufactured
home units therein removed and all improvements therein eliminated
to the extent deemed appropriate by the Town to protect the public's
health, safety and welfare.
C.
Compliance requirements. Any manufactured home park which qualifies
as a legal nonconforming use pursuant to the provisions of this chapter
shall comply with the following requirements:
A.
Initial permit required for existing manufactured home parks.
(1)
All manufactured home parks existing as of the effective date of
this chapter shall apply to the Code Enforcement Officer for an initial
permit within 60 days after adoption of this chapter. This permit
shall be renewed annually and must be kept current in order to operate
a park. If the applicant for a permit is not the owner of the manufactured
home park to which the application pertains, the application shall
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 manufactured home park. Permits shall not be transferable
or assignable.
(2)
Information required for the initial permit, and annual renewals,
are the same and must include a current map drawn to scale showing
all existing lots. The map shall indicate if each lot is vacant or
occupied at the time of application. Additional information required
shall include:
(a)
The name and address of the owner of the manufactured home.
(b)
The name and address of each occupant of the manufactured home
and specifically identifying occupants that are within the age requirements
to attend public schools as of July 1 each year.
(c)
The registration year and number of the manufactured home and
the state in which so registered.
(d)
The make or factory name, the year of manufacture, the exterior
color, number of rooms and the overall dimensions of the manufactured
home, including any additions.
(e)
A colored photograph showing the exterior of the home.
(f)
The number and issuance date of the certificate of occupancy.
(g)
The number and address of the manufactured home lot upon which
such manufactured home is located.
(h)
The date of the departure of the manufactured home from the
park.
(3)
Upon receipt of the completed application and required annual fee,
and approval of the application, the Code Enforcement Officer shall
issue such permit to be effective for a period of one year commencing
on the date of approval.
B.
Permit renewal for manufactured home parks. A completed application
and annual fee for the renewal of any manufactured home park permit
shall be submitted to the Code Enforcement Officer on or before the
60th day before the expiration date of the current permit.
C.
Fees. To defray a portion of the cost incurred by the Town for permitting,
inspection and compliance verification, the owner of a manufactured
home park shall pay an annual fee. The amount of the fee shall be
$100, plus $10 for each lot, whether occupied or vacant.
The owner of each manufactured home park shall keep a record of information required in § 134-6A of this chapter. These records shall be available for inspection by the Code Enforcement Officer upon request. Records shall be kept current and for a minimum period of seven years after a manufactured home leaves the park. An up-to-date copy of all forms, or a spreadsheet or database printout containing all required information, shall be provided to the Code Enforcement Officer on January 1 annually and at other times when requested by the Code Enforcement Officer.
A.
Building permit. A building permit shall be required prior to the
installation of each manufactured home to be installed in the park
as well as prior to the relocation of every manufactured home within
the park. A building permit application reflecting compliance with
the New York State Uniform Fire Prevention and Building Code and sections
of this chapter must be submitted to the Code Enforcement Officer
on the forms provided by the Town. Building permits will not be issued
if the park permit is not current or until payment of the required
fee.
B.
Certificate of occupancy. Upon obtaining from the Code Enforcement
Officer notice that the manufactured home unit foundation and installation
have passed its inspection, the applicant may proceed with obtaining
a certificate of occupancy from the Code Enforcement Officer, and
only then may said manufactured home unit be used as a dwelling unit.
An individual certificate of occupancy must be obtained for each and
every manufactured home unit placed or relocated in the park.
Any change to an individual manufactured home (including, but
not limited to, replacement or relocation) shall trigger the following
requirements:
A.
Manufactured home lot.
(1)
Each manufactured home shall be placed on a lot having a total area
of not less than 6,000 square feet with a minimum width of 75 feet
for a single-wide manufactured home or a minimum of 8,000 square feet
with a minimum width of 100 feet for a double-wide manufactured home.
(2)
Each manufactured home lot must have iron pins set by a licensed
surveyor for the comers of each lot. Pins shall be a minimum of 24
inches in length and 1/2 inch in diameter. No home may be located
on a lot prior to placement of the boundary corner pins.
B.
Manufactured home.
(1)
All manufactured homes placed in manufactured home parks after this
chapter is enacted shall be compliant with Article 21-B of New York
State Executive Law, 19 NYCRR Part 1210 and HUD regulations. The home
shall bear both a New York State warranty seal and HUD seal prior
to placement.
(2)
Any manufactured home or attachment shall not be parked or otherwise
located nearer than a distance of:
(3)
Only one manufactured home shall be permitted to occupy each manufactured
home lot.
(4)
Each manufactured home must be provided with perimeter skirting to
hide all wheels, chassis and other appurtenances under the home, to
be installed not later than 30 days after the home is placed on its
stand.
C.
Manufactured home installation. Each manufactured home shall be placed on a stand constructed and installed in accordance with all requirements of the New York State Fire Prevention and Building Code, latest edition. A copy of all data required in § 134-6A must be provided to the Code Enforcement Officer prior to placement in a park. Every home must be inspected by the Code Enforcement Officer prior to being placed in a park.
Any major reconstruction involving the equivalent of one quarter
or more of the total number of lots in an existing park shall trigger
the following requirements:
A.
Site.
(1)
Grades and soil conditions shall be suitable for use as manufactured
home sites.
(2)
All areas shall be well-drained and properly graded to insure rapid
drainage and be free at all times from stagnant pools of water.
(3)
All areas shall be free from heavy or dense growth of brush and woods.
(4)
The park shall be at least five acres in size, with at least 300
feet frontage on a public highway.
(5)
The maximum lot coverage shall not be greater than 40%. Coverage
includes all buildings, structures, pavement or other impermeable
surfaces, but not including stored merchandise such as cars.
(6)
There shall be no signs except for the sign or display at each entrance
to the park from a public road indicating the name of the manufactured
home park.
(7)
Permanent structures must be set back a minimum of 20 feet from any
property line and 75 feet from the highway right-of-way.
B.
Accessibility.
(1)
Each manufactured home park shall have a curb cut on an existing
public highway or street. No dead-end streets or cul-de-sac shall
be permitted in any manufactured home park.
(2)
Entrances and exits shall be located at a minimum distance of 100
feet between them, for the safe and convenient movement into and out
of the park.
(3)
All entrances and exits shall be at right angles to the existing
public highway or street.
(4)
All entrances and exits shall be free of all objects which would
impede the visibility of the driver entering or exiting a public highway
or street for a distance of 20 feet from the edge of pavement of the
public highway and park road.
(5)
All entrances and exits shall be of sufficient width to facilitate
the turning movements of vehicles with manufactured homes attached.
C.
Streets and drives. Streets shall be improved to meet the same standards
as required by the Town of Stillwater subdivision regulations for
major subdivisions.
D.
Parking.
(1)
Two off-street parking spaces shall be provided on each manufactured
home lot. (This requirement may be satisfied by driveway parking areas.)
The parking spaces shall be surfaced with an all-weather, dustless
material. Each parking space shall have a minimum width of nine feet
and a minimum length of 18 feet.
(2)
Additional off-street parking spaces shall be provided at strategic
and convenient locations as follows:
(a)
There shall be one such parking space for every two manufactured
home lots within the park.
(b)
Such parking space shall be provided in bays of a dimension
of nine feet by 18 feet which shall provide for adequate maneuvering
space, at the standard of 350 square feet per lot for total parking
and maneuvering.
E.
Utilities and service facilities.
(1)
Utilities.
(a)
All manufactured homes shall be connected to public sewers and
public water.
(b)
All utilities must be placed underground, including telecommunications.
(c)
Any device, such as communication dishes, shall be landscaped
in such a manner as to screen such devices.
(d)
No antenna as mounted may exceed 40 feet in height measured
from the ground.
(e)
Every manufactured home lot shall have its utility connections
designed to have the shutoff connections near the street curb and
not under or at the manufactured home unit not at the rear of the
lot.
(f)
A storm drainage system designed to convey all stormwater into
natural watercourses and to maintain the park area free from standing
pools of water shall be installed.
(g)
Garbage cans with tight-fitting covers shall be used by the
manufactured home occupants in quantities sufficient to contain disposal
of all garbage and rubbish. The cans shall be kept in a sanitary condition
at all times. Garbage and rubbish shall be collected and disposed
of as frequently as may be necessary to ensure that such cans do not
overflow. Trash collection areas shall be screened by opaque fencing
and/or plantings.
(h)
Service buildings shall be provided as deemed necessary for
the normal operation of the park. Such buildings shall be maintained
by the owner or manager of the park in a clean, sightly and sanitary
condition.
(i)
Each manufactured home lot shall be provided with weatherproof
electric service connections and outlets which are a type approved
by the New York State Board of Fire Underwriters.
(j)
Mailboxes shall be clustered and located near the main entrance
road and comply with standards of the United States Postal Service.
(2)
Utilities requiring New York State Department of Health approval.
(a)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all manufactured home lots and buildings
within the park to meet the requirements of the park. Each manufactured
home lot shall be provided with sufficient water connections.
(b)
Each manufactured home lot shall be provided with a sewer which
shall be connected to the manufactured home situated on the lot, to
receive the waste from the shower, tub, flush toilets, lavatory and
kitchen sink in such home. The sewer shall be connected to a public
sewer system or one approved by the New York State Department of Health,
so as not to present a health hazard. Sewer connections in unoccupied
lots shall be sealed to prevent the emission of any odors and the
creation of breeding places for insects.
F.
Open space.
(1)
Each manufactured home park shall provide common open space for the
use by the occupants of such park.
(2)
Such open space shall be conveniently located in the park. Such space
shall have a total area equal to at least 10% of the gross land area
of the park or at the rate of 1,500 square feet per manufactured home
lot, whichever is greater. (Such open space areas shall be at least
one acre.)
G.
Landscaping.
(1)
Lawn and ground cover shall be provided on those areas not used for
the placement of manufactured homes and other buildings, walkways,
roads and parking areas.
(2)
Planting or screening shall be provided and maintained to the extent
needed in order to provide for the screening of views as follows:
(a)
Screen planting or fencing shall be provided to screen views
of nonresidential uses, garbage storage and collection areas, and
fuel tanks.
(3)
Grass or ground cover shall be provided on all areas subject to erosion.
A.
Prohibition of manufactured homes outside parks. No manufactured home may be placed at any location outside existing manufactured home parks effective the date of adoption of this chapter except as permitted in § 134-12G of this chapter.
B.
Requirements for qualification as a legal nonconforming use outside
manufactured home parks. An existing manufactured home located outside
a manufactured home park on the date of enactment of this chapter
shall qualify for status as a legal nonconforming use, provided that:
(1)
The manufactured home unit was legally in existence and legally located
in the Town prior to August 29, 1974;
(2)
The manufactured home was erected after August 29, 1974, and complied
with existing Zoning regulations in effect at the time of installation
at the current location, and obtained a Town of Stillwater building
permit authorizing said manufactured home to be erected at its current
location.
C.
Manufactured homes that fail to qualify for nonconforming status.
(2)
One extension of the time within which any such manufactured home
unit must be relocated may be granted by the Code Enforcement Officer
for a period not to exceed one year upon documentation provided by
the applicant for the extension that compliance, other than relocation
outside the Town, is not possible due to the fact that no manufactured
home park within the Town which complies with the provisions of this
chapter has a vacancy reasonably suitable for the subject manufactured
home unit.
D.
General requirements for legal nonconforming manufactured homes outside
manufactured home parks.
(1)
A manufactured home placed outside a manufactured home park, which
qualifies as a legal nonconforming use at the time of the enactment
of this chapter and occupied as a dwelling, may be continued to be
used as a dwelling provided it meets all federal and state laws related
to manufactured homes and all applicable parts of this regulation.
(2)
If the owner of the existing manufactured home desires to replace
the manufactured home with another manufactured home on the same lot,
he or she shall obtain a building permit and shall meet all of the
following requirements:
(a)
All manufactured homes placed on individual lots shall be constructed
and installed in compliance with all federal, state and Town of Stillwater
laws and regulations for single-family homes.
(b)
The gross floor area of such manufactured home shall not be
less than the existing home.
(c)
All manufactured homes shall have pitched roofs with a minimum
pitch of four on 12 and all roof components shall be constructed as
an integral part of the home by the manufacturer of the home. The
roof components must have been included at the time the home was originally
manufactured (not added on site).
E.
Unoccupied manufactured homes. Any manufactured home, located outside a manufactured home park, that becomes unoccupied for a continuous period of 12 months for any reason, shall no longer be designated a legal nonconforming use, and be subject to the conditions of § 134-12C of this chapter. It is the owner's responsibility to provide proof of occupancy time periods when requested by the Code Enforcement Officer.
F.
Prohibition of Temporary Parking of manufactured homes on Public
Streets. No occupied manufactured home shall be parked or allowed
to remain upon any street, highway or other public place, except that
emergency stopping or parking, when caused by mechanical failure,
shall be permitted upon the shoulder of any street or highway for
a period of not more than 72 hours; subject, however, to any prohibition
or limitation imposed by other regulations or laws.
G.
Temporary use of a manufactured home after fire/natural disaster.
When fire or natural disaster has rendered a single-family residence
unfit for human habitation, the Code Enforcement Officer may issue
a temporary permit to allow the use of a freestanding manufactured
home on a single-family lot during reconstruction of the original
residence subject to required water and sanitary facilities. Such
temporary permit shall be effective for a maximum period of 12 months
or until a certificate of occupancy is issued for the permanent structure,
whichever occurs first, at which time the manufactured home must be
removed. There will be no time extensions granted for renewal of a
temporary permit.
Any person who violates a provision of this chapter which does not contain specific penalties shall be guilty of a violation and subject to penalties as described in the Town of Stillwater Zoning Code, § 210-144.
The issuance of any permit pursuant to the provisions of this
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.
A manufactured home may be 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 manufactured home is removed
from such site within 30 days after the completion of such project.
This chapter shall take effect immediately upon its filing with
the New York State Department of State, and immediately as against
any person who is personally served with a certified copy thereof
in accordance with Town law of the State of New York.