Town of Delaware, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Delaware 1-14-1988 by L.L. No. 4-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Campgrounds and recreational vehicle parks — See Ch. 110.
Uniform construction codes — See Ch. 116.
Subdivision and land development — See Ch. 186.
Zoning — See Ch. 220.

§ 154-1 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the community, including the protection and preservation of the Town of Delaware and of its inhabitants, by establishing specific requirements and regulations governing the occupancy and maintenance of mobile homes and mobile home parks.

§ 154-2 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall have the meaning ascribed to them in this section:
MOBILE HOME LOT
A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the placement of three or more mobile homes which are used as dwellings.
MOBILE HOME STAND
A durable surface located on a mobile home lot which is capable of supporting and which is used for placement of a mobile home (see also § 154-6D).
PERSON
A natural person, corporation, partnership, association or other entity.
[Added 4-11-1991 by L.L. No. 3-1991]

§ 154-3 Licenses required for mobile home parks.

A. 
No person, partnership, association or corporation, being the owner or occupant of any land within the Town of Delaware, shall use or allow the use of such land for a mobile home park unless a license has been obtained as herein provided.
B. 
Issuance of license.
(1) 
The Town Building Inspector of the Town of Delaware shall issue a license after approval of the application by the Town Planning Board pursuant to special use/site plan review criteria contained in the Town's Zoning Law (see Chapter 220). Said license shall be effective from the date of issuance until surrendered by the licensee or revoked by the Building Inspector.
(2) 
No license shall be issued until the Building Inspector has received:
(a) 
A written application from the applicant.
(b) 
The required fee as herein provided.
(c) 
Approval of the application, plans and specifications by the New York State Department of Health or its successors.
(3) 
The license shall be transferred to a new owner of a mobile home park provided all of the requirements of this chapter are met.
C. 
Supplemental license.
(1) 
Any person holding a license for a mobile home park who desires to add additional lots to such park shall file an application for a supplemental license.
(2) 
The application for such supplemental license must be accompanied by four sets of plans and specifications and shall be filed and processed as provided herein for new mobile home parks.
(3) 
When approved, the Town Building Inspector shall issue a supplemental license which will be effective from the date of issuance and continue until surrendered by the licensee or revoked by the Building Inspector.
D. 
The applicant shall pay the Town such a fee(s) as is established by resolution of the Town Board. Fees may be assessed for both the initial license and to cover subsequent inspections on a periodic basis.

§ 154-4 Application procedure.

A. 
Each application for a mobile home park license shall be in writing and signed by the applicant.
B. 
The application and plans and related information shall be filed with the Building Inspector in quadruplicate.
C. 
The Building Inspector promptly shall transmit copies of the application and plans to the Town Planning Board, which shall process the application pursuant to the special use/site plan review requirements of Chapter 220, Zoning.
D. 
The Building Inspector, within 45 days of the filing of the Planning Board action, shall issue the license, provided all other requirements of this chapter are met.
E. 
If the application is disapproved, the applicant shall have the right to appeal to the Zoning Board of Appeals. Any disapprovals shall be in writing and include the reasons therefor. The Building Inspector shall not issue a license in any instance where the Board has not approved the site plan.

§ 154-5 Application data.

A. 
Each application shall be accompanied by four complete sets of plans which have been prepared by a licensed land surveyor, engineer or other professional planner.
B. 
Each application shall contain the following information:
(1) 
The name and address of the applicant; or the name and address of each partner if the applicant is a partnership; or the name and address of each officer and director if the applicant is an association or corporation, including principal shareholders (more than 5% ownership).
(2) 
The description of the land that is proposed to be used as a mobile home park, together with a map showing its location in the Town.
(3) 
The number of lots to be provided in such mobile home park.
(4) 
The names and addresses of the owners of the property on which the mobile home park is to be located and a written statement signed by the owners consenting that the premises be used for a mobile home park.
C. 
Four copies of a location map shall be presented with the application, which map shall show all land within 300 feet of the park, the location and size of each lot, the location of all streets and roads adjacent to and within the park, and the location of all water and sewer lines and utilities within the park.
D. 
Proposed development. The application shall be accompanied by four copies of a location map showing the following:
(1) 
The location and widths of all entrances, exits and streets.
(2) 
The location, size and arrangement of each lot within the park.
(3) 
The method and plan for electric lighting.
(4) 
The location and plan of all proposed structures and improvements.
(5) 
Plans for landscaping.
(6) 
Stormwater drainage.
(7) 
Utilities.
(8) 
Off-street parking facilities.
(9) 
Fencing and screening.
(10) 
Signs and other structures.
(11) 
Names of owners of adjoining properties.
(12) 
Recreational facilities.
(13) 
Location and type of trash receptacles.

§ 154-6 Requirements for mobile home parks.

A. 
Site.
(1) 
The park shall be located on a well-drained site, which is properly graded to ensure rapid drainage, and free at all times from stagnant pools of water.
(2) 
The park shall be at least five acres in size and have at least 50 feet frontage on a public road. Additional parkland must be contiguous to the existing park and not bisected by a public road.
B. 
Mobile home lots.
(1) 
Each mobile home park shall be marked off into mobile home lots.
(2) 
The total number of mobile home lots in a mobile home park shall not exceed seven per acre.
(3) 
Each mobile home lot shall have a total area of not less than 5,000 square feet.
(4) 
No more than one mobile home shall be placed on any mobile home lot.
(5) 
The lot numbers shall be legibly noted for each lot on the plans submitted.
C. 
Mobile home placement. Any mobile home shall not be parked or otherwise be located nearer than a distance of:
(1) 
At least 25 feet from an adjacent mobile home.
(2) 
At least 40 feet from an adjacent property line.
(3) 
At least 40 feet from right-of-way line of public street or highway.
(4) 
At least 15 feet from the nearest edge of any roadway located within the park.
D. 
Mobile home stand. Each mobile home lot shall have a mobile home stand which will provide for the practical placement on permanent foundation on the lot of both the mobile home and its appurtenant structures and the retention of the home on the lot in a stable condition.
E. 
Accessibility and lighting.
(1) 
Each mobile home park shall be accessible from an existing public highway or street.
(2) 
Where a mobile home park has more than 16 mobile homes, two points of entry and exit shall be provide, but in no instance shall the number of entry and exit points exceed four.
(a) 
Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.
(b) 
No individual mobile home shall have direct access to a state, county or Town road without first entering a street or driveway in the mobile home park leading to an exit.
(c) 
All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.
(d) 
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached and shall be at least 50 feet in width.
(3) 
Each mobile home park shall have streets to provide for the convenient access to all mobile home lots and other facilities within the park.
(a) 
The street system shall be so designed to permit the safe and convenient vehicular circulation within the park. All streets shall be provided with safe, dustless surfaces.
(b) 
All streets shall have the following minimum pavement widths:
[1] 
One-way traffic movement: 12 feet.
[2] 
Two-way traffic movement: 20 feet.
(c) 
Except in cases of emergency, no parking shall be allowed on such street unless such street is at least 28 feet wide, in which case parallel parking shall be allowed on one side of the street only.
(4) 
All means of egress, drives and public places shall be adequately lighted.
(5) 
One nonflashing, illuminated sign shall be permitted on the park. Such sign shall not be greater in area than 50 square feet and shall not extend more than 12 feet above ground level. Such sign shall be located at least 20 feet from any property line or street right-of-way line.
F. 
Parking.
(1) 
Two off-street parking spaces shall be provided on each mobile lot. Such spaces shall have minimum width of nine feet and a minimum length of 20 feet.
(2) 
One off-street parking space shall be provided for each five mobile home sites to accommodate guests and delivery and service vehicles.
G. 
Utilities and service facilities. The following utilities and services shall be provided in each mobile home park in accordance with the regulations and requirements of the New York State Department of Health:
(1) 
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to mobile home lots and buildings within the park, and pipes to all home lots shall be provided with proper water connections.
(2) 
Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot to receive the waste from the shower, tub, flush toilet, lavatory and kitchen sink in such home. The sewer shall be connected to a public or private off-site sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed to prevent the emission of any odors and the creation of breeding places for insects.
(3) 
Garbage containers with tight-fitting covers shall be provided in quantities adequate to permit the disposal of all garbage and rubbish. The containers shall be kept in sanitary condition at all times. The containers shall be located no farther than 250 feet from any mobile home lot, shall be stored in covered collecting enclosures, and garbage shall be removed and disposed of as frequently as may be necessary to ensure that such containers shall not overflow.
(4) 
Mobile homes which do not contain toilets, lavatory and tubs or showers shall not be permitted in any mobile home park. 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 or the park in a clean, sightly and sanitary condition.
(5) 
Each mobile home lot shall be provided with weatherproof electric service connections and outlets which are of a type approved by an appropriate electrical inspection person or agency, as determined by the Town.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Open space.
(1) 
Each mobile home park shall provide common open space for the use of the occupants of the 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.
I. 
Landscaping.
(1) 
Land and ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas.
(2) 
Screening acceptable to the Planning Board and Building Inspector shall provide for adequate shade and a suitable setting for the mobile homes and other facilities. A side or rear yard adjacent to an existing residential area shall be a minimum width or depth of 50 feet, and the 25 feet nearest to the existing residential area shall be planted or screened with materials approved by the Planning Board and Building Inspector.
(3) 
Skirting and plantings acceptable to the Planning Board and Building Inspector shall be installed along the perimeter of each mobile home, extending from the mobile home stand to the floor of the mobile home unit and fully screening the area beneath the unit from view.
J. 
Recording. The owner or operator of each mobile home park shall keep a register wherein there shall be recorded the name and permanent address of the owner and occupant of each mobile home situated in the park, the registration number of the same, the date it was admitted and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the park. Such register shall be open for inspection to the Town Building Inspector, the Town Planning Board, the Town Board or the Town Assessor at all reasonable times. Registers shall be kept for a period of seven years.

§ 154-7 Mobile homes located outside of mobile home parks.

A. 
Prohibition of mobile homes.
(1) 
No occupied mobile home shall be parked or allowed to remain upon any street, highway or other place for a period exceeding 24 hours unless such stopping or parking is caused by mechanical failure or other emergency; parking shall not be permitted upon the shoulder of any street or highway for a period exceeding 24 hours.
(2) 
No occupied mobile home shall hereafter be parked or otherwise placed within the Town of Delaware and outside a licensed mobile home park unless a permit is obtained as herein set forth. A permit shall be issued as follows:
(a) 
The Town Building Inspector may issue a permit for a period not to exceed two years to the owner of a parcel of land within the Town of Delaware who intends to construct on such parcel a dwelling house for his own occupancy or his employee's occupancy during the construction of such dwelling. Said mobile home shall have an adequate supply of pure water for drinking and domestic purposes and a sewage disposal system designed by a professional engineer. Both systems shall comply with the requirements of the New York State Department of Health or its successors and the Town of Delaware. Said mobile home shall be removed from the premises upon expiration of the permit.
(b) 
The Town Building Inspector may issue a permit to the owner or lessee of a parcel of land for the purpose of locating on said parcel a mobile home for human habitation other than as set forth in Subsection A(2)(a) above, which mobile home shall be occupied as a one-family residence or a two-family residence, if said mobile home is constructed for that purpose. Said mobile home shall comply with the provisions of Subsection C, Mobile home requirements and facilities, of this section.
B. 
Mobile home permits.
(1) 
The owner or lessee of land, as provided for in § 154-7A(2), must file an application for a permit with the Town Building Inspector.
(2) 
Each application for a mobile home permit shall be in writing and signed by the applicant. In the event the application shall be filed by the lessee, the consent of the owner in writing to the placement of the mobile home on said lot shall be submitted with the application.
(3) 
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 or sketch showing the boundaries of the land, the location and plan for proposed water supply and sewage disposal systems, and the location of adjacent property and structures.
(d) 
A copy of the deed to the land which indicates that the applicant is the owner of such land or, if the applicant is the lessee, consent by the owner as above set forth.
(e) 
A fee to be established by resolution by the Town Board.
(4) 
The Town Building Inspector shall approve or disapprove the application and, if disapproved, inform the applicant in writing of the reasons for said disapproval within 45 working days of the application, and shall thereupon issue a permit to the applicant if the application is approved. Said permit shall be effective from the date of issuance until surrendered by the permittee or revoked by the Building Inspector.
(5) 
If the application is disapproved, the applicant shall have the right to appeal to the Zoning Board of Appeals.
C. 
Mobile home requirements and facilities.
(1) 
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 designed by a professional engineer. Both systems shall comply with the requirements of the New York Department of Health or its successors and the Town of Delaware.
(2) 
No occupied mobile home outside a duly licensed mobile home park shall be parked or placed nearer than:
(a) 
A distance of at least 35 feet from the nearest right-of-way of any public highway or street.
(b) 
A distance of at least 25 feet from an adjacent property line.
(c) 
A distance of at least 25 feet from an adjacent dwelling.
(3) 
Not more than two occupied mobile homes shall be placed or parked on any parcel of land which is located outside a licensed mobile home park.
(4) 
Skirting consisting of shrubbery or other suitable material shall be installed along the perimeter of each mobile home permitted under this section, which screening shall extent from the ground to the bottom of the trailer.
(5) 
Parking shall be provided consistent with the requirements in Chapter 220, Zoning..

§ 154-8 Placement standards.

All mobile homes, regardless of where placed, shall be provided with a permanent foundation consisting of: 1) a poured reinforced concrete pad of six inches' minimum depth on a base of gravel or crushed stone sufficient to provide proper drainage; 2) a poured concrete wall; or 3) a block wall. Tie-downs or anchors shall be provided within two feet of each the four corners and every 20 feet around the perimeter of the mobile home unless a higher standard is mandated by prevailing state or federal regulations. Such anchors or tie-downs shall be of materials and design consistent with sound engineering practice. (See also Zoning Law requirements applicable to foundations for all residences.)

§ 154-9 Enforcement.

A. 
The Building Inspector shall enforce all of the provisions of this chapter and shall have the right, at all reasonable times, to enter and inspect any mobile home or other premises used for the parking or placement of a mobile home.
B. 
Revocation of mobile home park licenses.
(1) 
If the Building Inspector finds that a mobile home park for which a license has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this chapter, he may serve, personally or by certified mail, on the holder of the license a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after the service of such order. The Building Inspector shall, for purposes of determining compliance with this chapter, be authorized to make periodic inspections of all mobile home parks and shall be provided entry to accomplish that task. The Town Board shall specify the frequency of such inspections and set fees to cover costs involved.
(2) 
If the holder of such license shall refuse or fail to correct the condition or conditions specified in such order within 10 days after the service of such order, the Building Inspector may suspend such license, and the holder of the license shall thereupon terminate the operation of such mobile home park, provided residents have been afforded adequate opportunities consistent with state and/or federal law to relocate.
(3) 
However, if the owner or operator of such mobile home park shall thereafter correct such conditions and bring the mobile home park into compliance with this chapter, such owner may then apply for the issuance of a new license for such park, and if the application is approved and a license granted, the applicant shall pay to the Town the fee required by this chapter without any credit for the fee paid for the license which was revoked.
(4) 
Any license which is not used for the purpose intended within two years of the date of issuance, as evidenced by placement of the home on the designated site, shall automatically expire.
C. 
Revocation of permits for mobile homes outside of mobile home parks.
(1) 
If the Town Building Inspector finds that any mobile home located outside a licensed mobile home park is not being maintained in accordance with the provisions of this chapter, he may serve a written order upon the holder of the permit and/or the owner of the premises directing that the condition or conditions therein specified be remedied within 20 days after the date of service of the order.
(2) 
If such condition or conditions are not corrected within the 20 days, the Building Inspector may revoke such permit. Upon revocation of the permit, the water supply and sewer system shall be disconnected, and the mobile home shall be removed from the premises.
(3) 
Any permit which is not used for the purpose intended within two years of the date of issuance, as evidenced by placement of the home on the designated site, shall automatically expire.

§ 154-10 Penalties for offenses.

[Amended 4-11-1991 by L.L. No. 3-1991]
A. 
Criminal penalties. A person found guilty of violation of this chapter shall, upon conviction, be guilty of a violation and shall be sentenced to a fine not to exceed the sum of $500 or to a sentence of imprisonment for a term not to exceed 15 days, or to both such fine and imprisonment for each such violation. Each day a violation shall continue in existence after service of a notice of violation or other such notice shall constitute a separate violation of this chapter.
B. 
Civil remedies.
(1) 
A person who shall violate any provision of this chapter or who shall erect, construct, reconstruct, alter, repair, convert or maintain any mobile home or structure or use any building or structure or use any land in violation of this chapter, or who shall maintain or operate a mobile home park, or who shall fail, refuse or neglect to obtain any required approval of any board or officer, or who shall fail, refuse or neglect to obtain any permit or certificate as required by this chapter shall be subject to the following remedies, all of which shall be cumulative and not several and shall be in addition to any criminal penalty to which such person is subject:
(a) 
A civil penalty fixed by the Court in a sum not to exceed $250 or imprisonment for 15 days, or both, for any one violation;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Injunction to prohibit the continued violation of this chapter or to compel such person to comply with this chapter and, if required, to require the removal of the mobile home or structure which shall have been erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this chapter;
(c) 
Damages as determined by the Court; and
(d) 
Costs and disbursements of such action and proceeding.
(2) 
Each day a violation shall continue in existence after service of a notice of violation or other such notice shall constitute a separate violation. Notwithstanding anything to the contrary contained herein, the accumulation of fines during the period that a violation shall be unremedied shall be terminated on the day the Town and a person who shall have violated this chapter or any regulation adopted pursuant to this chapter shall enter into an agreement to remedy such violation, and such agreement may include a reduction of all or any portion of such criminal and civil fines, provided such reduction shall be found by the Planning Board to be in the best interest of the Town, and such agreement shall provide for the payment of the costs of the Town, which costs shall include reasonable attorney's fees.
(3) 
The Building Inspector is hereby authorized to institute such action in any court having appropriate jurisdiction, and the Town Attorney shall have authority to take such action on the request of the Building Inspector.

§ 154-11 Exceptions.

None of the provisions of this chapter shall be applicable to the following:
A. 
The business of mobile home sales, except that, where units are used as living quarters, they shall conform with the provisions of this chapter.
B. 
The storage of an unoccupied mobile home; provided, however, that such unoccupied mobile home shall not be parked or located between the street line and the front building line of any premises or within any required yard area or within any portion of an R-1 District.
C. 
A mobile home located on the site of a construction project, survey project or other similar work project which is used solely as a field office or work or tool house in connection with such project, provided that such mobile home is removed from such site within 30 days after the completion of such project.
D. 
A modular house or manufactured home which is prefabricated in sections, transported to the building site, then fastened together and anchored to a permanent and totally enclosed masonry foundation and which has a minimum width of 24 feet for its entire length and contains a minimum of 960 square feet of usable living space.

§ 154-12 Validity and nonwaiver.

A. 
If any section, paragraph, subdivision or provision of this chapter shall be found invalid, such validity shall apply to the section, paragraph, subdivision or provision adjudged invalid and the remainder of the chapter shall remain valid and effective.
B. 
The issuance of any permit or license 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 with any mobile home park statute of the State of New York or health regulation of the State of New York or the County of Sullivan or the Town of Delaware or with any provision of this chapter.

§ 154-13 Application to existing mobile home park and mobile homes.

A. 
Existing mobile home parks.
(1) 
A mobile home park which is lawfully in existence prior to the enactment of this chapter may continue to be used and operated as a mobile home park, provided:
(a) 
The owner or lessee shall, within two months from the effective date of this chapter, apply for a license pursuant to the provisions of §§ 154-4 and 154-5 hereof and pay the fees as provided.
(b) 
The park complies with § 154-6G(3) through (5), I and J of this chapter.
(2) 
The license shall thereupon be issued even though the park does not otherwise comply with the remaining provisions of this chapter.
(3) 
Additions and improvements to a park shall not be made and mobile homes shall not be added to a mobile home park unless said additions and improvements completely comply with this chapter.
(4) 
Within one year from the enactment of this chapter, existing mobile home parks shall comply with all provisions of this chapter, excepting those which relate to features of initial design and are, therefore, unchangeable.
B. 
Existing mobile homes located outside mobile home parks. Existing mobile homes located outside mobile home parks shall not be regulated by this chapter unless replaced with a larger unit or one to be situated on a different site.
C. 
Variances.
(1) 
The Planning Board may, for good cause shown, authorize variations from the strict interpretation of the provisions of this chapter affecting existing mobile home parks and mobile homes.
(2) 
Procedure for variance.
(a) 
The owner of an existing mobile home park or mobile home outside a mobile home park may apply for a variance by filing an application with the Building Inspector together with an application for a license setting forth the reasons for the variance.
(b) 
The Building Inspector shall be provided a thirty-day opportunity to review and comment. The Town Planning Board, after receiving the recommendations from the Town Building Inspector, shall have the authority to grant or deny the variance, which action shall be taken within 90 days of the Building Inspector's receipt of the variance application.