[HISTORY: Adopted by the Town Board of the
Town of Webster 3-23-1948 (Ch.
151 of the 1991 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
The purpose of this chapter is to promote the health, safety,
morals and general welfare of the inhabitants of the Town through
the regulation of the location; planning; design, layout, construction
and operation of mobile/manufactured home parks and mobile/manufactured
homes. A further purpose is to provide diversity in housing choice
and a greater opportunity of obtaining moderate-cost housing. At the
same time, the Town does not desire large-scale development of such
parks. It is not the intent of this section to repeal or abrogate
any part of the New York State Uniform Fire Prevention and Building
Code, 9 NYCRR Part 17 (Regulations of the NYS Department of Health),
New York State Real Property Law § 233 or any other applicable
rule, regulation or ordinance.
As used in this chapter, the following terms shall have the
meanings indicated:
A detached dwelling unit with any or all of the following
characteristics:
Manufactured as a relocatable dwelling unit intended for year-round
occupancy and for installation on a site without a basement or permanent
foundation.
Designed to be transported, after manufacture, on its own chassis
and connected to utilities after placement on a mobile home stand.
Any similar portable structure mounted or designed for mounting
on wheels and used or intended for use for dwelling purposes, except
recreational or camping-type trailers. The term does not include a
recreational vehicle.
An area of land in a mobile/manufactured home park clearly
defined and intended for the purpose of the placement thereon of a
mobile/manufactured home and any permitted accessory structure incident
thereto.
A tract of land under the same ownership, with all necessary
facilities meeting all the requirements of this chapter and which
is intended for the express purpose of providing a living environment
for mobile/manufactured home residents on a long-term occupancy basis.
That part of a mobile home lot on which the mobile home is
placed.
A.
Mobile/Manufactured homes shall
not be located or permitted to remain in this municipality unless
they:
(1)
Conform to all applicable
federal construction and safety standards in force at the time of
manufacture. Effective June 15, 1976, a seal is issued by the United
States Department of Housing and Urban Development certifying that
the mobile home unit complies with the standards of the national Mobile
Home Construction and Safety Standards Act of 1974;[1]
[1]
Editor's Note: See now 42 U.S.C. § 5401 et seq.
(2)
Are in sanitary condition;
and
(3)
Are structurally sound, particularly
with respect to the safety and welfare of their occupants.
B.
Installation requirements.
(1)
All mobile/manufactured homes,
whether installed temporarily or permanently, shall require a building
permit prior to installation.
(2)
Such homes shall be installed
to the manufacturer's specifications.
(3)
A mobile/manufactured home
shall not be used as a permanent dwelling unless it is properly connected
to a public water supply system (Monroe County Water Authority) and
a municipal sanitary sewer system (Town of Webster) or a sewage disposal
system approved by the Monroe County Health Department. All water
and sewer systems shall be constructed in accordance with the Town
of Webster development regulations and specifications.
(4)
The area beneath all such
homes shall be enclosed with a vinyl material. Such enclosure must
be so constructed that it is subject to reasonable inspection.
(5)
Entrance steps. Entrance steps
shall be installed at all doors leading to the inside of the home.
Such steps shall be constructed of materials intended for permanence,
weather resistance, and attractiveness and shall be equipped with
handrails, which will provide adequate support for users. Such stairs
and steps shall also be required to comply with all other applicable
code requirements.
(6)
All such homes shall be equipped
with a U.L. approved smoke detection and carbon monoxide device.
C.
Existing mobile/manufactured home
park requirements.
(1)
Applicability. This section
shall apply only to mobile/manufactured home parks to which a permit
has been issued prior to the date of original adoption of this chapter
and provided said permit is in effect on said date.
(2)
All structures, including
the installation of a mobile/manufactured home, shall require a building
permit prior to installation.
No person, firm or corporation being the owner or occupant of
any land or premises within the Town of Webster shall use or permit
the use of said land or premises as a manufactured/mobile home park
without obtaining an annual permit therefor as hereinafter provided.
A.
The application for each Manufactured/Mobile
Home Park shall be in writing and signed by the applicant. It shall
state:
(1)
The name and address of the
applicant.
(2)
The name and address of each
partner if the applicant is a partnership.
(3)
The name and address of each
officer and director if the applicant is a corporation.
(4)
A complete description of
the premises upon which the proposed park is to be located.
(5)
The name and address of the
owner or owners of such premises.
(6)
The number of units to be
provided in the proposed park.
B.
Each application shall be accompanied
by a complete plan drawn to scale, showing the layout of the park,
the location, size and arrangement of each lot, location of streets,
location of water service and fire hydrants.
C.
Where the applicant is not the
owner of the premises, the application shall also be accompanied by
the original or copy of the lease of the premises and a written statement
signed by all of the owners consenting that the premises be used for
the purpose of a mobile/manufactured home park.
E.
Renewal of permit -annually. Application for the renewal of any mobile/manufactured home park permit issued pursuant to this chapter must be filed with the Town Clerk on or before the first day of December next preceding the expiration of said permit. The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by this § 205-5 of this chapter in the case of original application for permits, except that such renewal application need not be accompanied by a plan of the mobile/manufactured home park unless some change in the plan or layout of the park is contemplated by the applicant, nor is it necessary that said renewal application be accompanied by the lease of the premises unless a new lease of the premises has been entered into subsequent to the time of filing the previous application, in which event the original or copy of the new lease shall be attached to the application for a renewal, nor shall it be necessary to attach to such application for renewal the written consent of the owners of the premises that the same may be used for the purposes of a mobile/manufactured home park unless there shall have been a change in the ownership since the filing of the previous application, in which event such written statement signed by all of the new owners of the premises must accompany the application for a renewal of the permit. Upon the approval of said application for a renewal of the permit by the Fire Marshal, Building Inspector or Code Enforcement and the Town Board, the Town Clerk shall issue a renewal permit which shall become effective upon the expiration of the prior permit and continue in force for the term specified therein, but in no event longer than for a period of one year. Such renewal permit shall not be transferred or assigned. The applicant shall at the time of issuance of such renewal permit pay to the Town Clerk the same fee provided in § 205-8 of this chapter covering the original issuance of mobile/manufactured home park permits.
A.
Each application shall be submitted to the Town Clerk with the annual fee, who shall thereupon transmit the form to the Fire Marshal/Building Inspector/Code Enforcement. Such application shall indicate compliance by the applicant with the minimum requirements as established by rule or regulation of the State Department of Health and Chapter 7 of the Sanitary Code of the State of New York.
B.
The Fire Marshal, Building Inspector
or Code Enforcement shall, after investigation, transmit the application
to the Town Board, together with this written approval or disapproval
thereof or recommendation pertaining thereto. All such applications
shall, after investigation, be approved or rejected by the Town Board
after which the application shall be filed with the Town Clerk and
the applicant notified in writing (by certified copy of adopted resolution)
by the Clerk of the action taken thereon.
The Town Clerk of the Town of Webster, upon the written application
and upon the approval of the same by the Health Officer/Supervisor
and the Town Board of the Town of Webster and upon receipt of the
fee hereinafter provided, shall issue a permit to become effective
from the date thereof and to continue in force for the term specified
therein, but in no event longer than through the 31st day of December
next succeeding, for the use of the premises therein specified as
a mobile/manufactured home park, which permit shall specify the number
of mobile/manufactured home lots which may be used in said park. Such
permit shall not be transferable or assignable.
The applicant for a mobile/manufactured home park permit shall,
at the time of the issuance of any such permit, pay to the Town Clerk
a fee to be computed at the rate set by the Town Board based upon
the maximum number of proposed mobile/manufactured home lots as shown
in the application. The minimum fee for an annual permit shall be
$300.
A.
Drainage. All lands used as a
mobile/manufactured home park shall be well drained, of ample size
and free from heavy or dense growth of brush or weeds. The land shall
be properly graded to ensure proper drainage during and following
rainfall. The land shall drain to be free from stagnant pools of water.
B.
Roadways.
(1)
The roads in said parks shall
be hard-surfaced not less than 16 feet in width. The park roads shall
be paved with a concrete or bituminous material complying with the
Town of Webster development specifications for private roads.
(2)
All park roadways shall be
graded, leveled and surfaced so as to permit the safe passage of emergency
and other vehicles.
(3)
Maintenance of roadways. All
private roadways within mobile/manufactured home parks, and all entrances
and exits within said parks, shall be kept free o snow, ice and debris
and maintained so as to permit unhampered use of the same by park
residents, visitors and emergency vehicles. Street names signs shall
be installed and maintained at all road intersections.
(4)
Lighting. All roads and facilities
shall be furnished with outside lighting to ensure the safe movement
of vehicles and pedestrians at night. These lights shall be lit from
a period 30 minutes after sunset to 30 minutes before sunrise each
day.
(5)
Each home lot within a mobile/manufactured
home park shall abut on and have access to a private road used by
the inhabitants of the park and built and maintained by the owner
thereof. No home lot shall have direct access to a public street.
(6)
Parking. Two off-street parking
spaces shall be provided for each mobile home site. Such spaces may
be located on the individual lot or grouped in a nearby location to
serve several mobile home sites.
A.
Each mobile/manufactured home
park shall be subdivided and marked off into rectangular shaped lots
numbered consecutively, the number being conspicuously posted on each
mobile/manufactured home lot. No more than one mobile/manufactured
home shall be permitted to occupy any lot No lot shall be located
within 70 feet of any highway or street line nor within 20 feet of
any adjacent property line (Except for existing lots at Sunset Valley
Manufactured Homes, that exist five feet from the adjacent west side
property line.)
B.
Each mobile/manufactured home
and all parts thereof shall be kept in a clean and sanitary condition
at all times. Each property shall be maintained free of refuse, garbage,
rubbish, junk, unlicensed or junk vehicles, or debris.
C.
The storage, collection, and
disposal of refuse in the mobile home park shall be managed so as
to create no health hazards, rodent harborage, insect breeding areas,
accident hazards, or air pollution. All refuse shall be stored in
flytight, watertight, rodentproof containers, provided in sufficient
number and capacity to prevent refuse from overflowing or blowing
away. Refuse shall be collected at regular intervals, but not less
often than once per week.
A.
Plumbing requirements. Each such
mobile/manufactured home shall be provided with proper water connections
to existing public water systems of the Town or of any district therein.
No mobile/manufactured home shall be permitted in any part of the
Town where fire hydrants are not available.
B.
Sewerage requirements. All sewage
and other water-carried wastes shall be disposed of into a municipal
sewerage system.
The owner or operator of each mobile/manufactured home park
shall keep a permanent record of all persons occupying or using the
facilities of such mobile/manufactured home park which record shall
include the following:
A.
The owner or operator of each
mobile/manufactured home shall file with the Town Clerk and Town Assessor
of the Town of Webster, on or before the third day of each month,
a record of all persons who shall have occupied or used the facilities
of the mobile/manufactured home during the preceding calendar month
or any portion thereof.
B.
Such record shall contain the
name of each person and, after each such name, shall state the occupied
lot number.
C.
A copy of this chapter shall
be conspicuously posted on the premises of each mobile/manufactured
home park and copies of this chapter shall be made available to the
occupants of such the mobile/manufactured home park at all times.
The police officers of the Town of Webster, the Health Officer
(Supervisor), Fire Marshal, Building Inspector or Code Enforcement
and any other duly authorized agent or employee of said Town shall
have the right at any reasonable time to enter any mobile/manufactured
home or other premises used for the parking or location of a mobile/manufactured
home and shall have the right at all times to inspect all parts of
said premises and to inspect the records required to be kept in any
mobile/manufactured home park.
If a police officer, Health Officer or any authorized representative
of the Town of Webster finds that any mobile/manufactured home is
not being maintained in a clean and sanitary condition or is not being
conducted in accordance with the provisions of this chapter, such
facts shall thereupon be reported to the Town Board, and said Town
Board may direct the Code Enforcement Officer to serve an order in
writing upon the holder of the permit or the person in charge of said
park, directing that the conditions therein specified be remedied
within five days after 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 holder
of said permit or the person in charge of such mobile/manufactured
home park, requiring the holder of the permit to appear before the
Town Board of the Town of Webster at a time to be specified in such
notice and show cause why such mobile/manufactured home park permit
should not be revoked. The Town Board may, after a hearing at which
testimony of witnesses may be taken and the holder of the permit shall
be heard, revoke such permit if said Town Board shall find that said
park is not being maintained in a clean and sanitary condition or
if they find that any provisions of this chapter have been violated
or for other sufficient cause. Upon the revocation of such permit,
the premises shall forthwith cease to be used for the purpose of a
mobile/manufactured home park and all mobile/manufactured homes shall
forthwith be removed therefrom.
Any person, firm or corporation who violates any provision of
this chapter shall be guilty of a violation and subject to a fine
of not less than $50 nor more than $250 or to imprisonment for a period
of not less than one day nor more than 15 days, or both such fine
and imprisonment, and, 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 Webster
in 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 permit issued
pursuant thereto or the enforced removal of conditions prohibited
by this chapter.
Nothing in this chapter shall repeal or supersede any provision of Chapter 350, Zoning, of the Code of the Town of Webster and compliance must be shown with the provisions of that chapter before application for a permit may be made hereunder. The issuance of a mobile/manufactured home park permit pursuant to the provisions of this chapter shall not be deemed to waive compliance by the holder thereof, by the property owner or by any occupant of said park with any statute of the State of New York or ordinance or health regulation of the Town of Webster.
