[HISTORY: Adopted by the Town Board of the Town of West Seneca 8-2-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 28.
Zoning — See Ch. 120.
A. 
Regulation. Within the Town of West Seneca, a mobile home may be used or occupied as a dwelling when located within a mobile home park established, licensed and conducted in accordance with this chapter.
B. 
Definitions. Certain words used in this chapter are hereinafter defined and explained. Other words used in this chapter shall have the meanings commonly attributed to them.
INTERNAL STREET
A paved road within the boundaries of the mobile home park.
LICENSE, MOBILE HOME PARK
A written license issued by the Town Clerk allowing a person to operate and maintain a mobile home park under the provisions of this chapter and regulations issued hereunder.
MOBILE HOME
A transportable single-detached dwelling for one (1) family suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as immobile housing. A "mobile home" is designed and built to be towed on its own chassis, comprised of a frame and wheels, and is connected to utilities and designed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity, as well as two (2) or more separately towable components designed to be joined into one (1) integral unit capable of being again separated into the components for repeated towing. A "mobile home" is not to be confused with a travel trailer which is towed by an automobile, can be operated independently of utility connections, is limited in width to eight (8) feet, in length to thirty-five (35) feet and is designed to be used principally as a temporary vacation dwelling.
MOBILE HOME LOT
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land which has been planned and improved for the placement of mobile homes for nontransient use.
MOBILE HOME STAND
That part of a mobile home lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
PERMIT
A written permit issued by the Building Inspector permitting the construction, alteration and/or extension of a mobile home park under the provisions of this chapter and regulations issued hereunder.
PERSON
Any individual, firm, trust, partnership, public or private association or corporation.
RIGHT-OF-WAY
That portion of designated land set aside for the installation of utilities and/or sidewalks, curbs, gutters or other unrestricted uses and maintained by the owner.
SERVICE OR RECREATIONAL BUILDING
A structure housing operational, office, recreational, park maintenance and other facilities built to conform to required local standards.
SPECIAL DEVELOPMENT AREA
A district shown upon the Zoning Map of the Town of West Seneca and established by the Town Board pursuant to a Town Zoning Ordinance authorizing a mobile home park.
A. 
General. In accordance with the procedures, standards and conditions hereinafter specified, the Town of West Seneca Planning Board may, when authorized by the Town Board, approve mobile home parks located in a special development area established for such purpose.
B. 
Application. Application for a mobile home park shall be submitted to the Town Clerk, Town of West Seneca, who shall, upon receipt, transmit the application to the Town Board and a copy thereof to the Planning Board and Building Inspector. The application shall be accompanied by the following:
(1) 
Preliminary layout. A paper design indicating the layout of the proposed special development area, including but not limited to area for mobile homes, recreation area, drainage and access roads.
(2) 
Final plan. A modified plan meeting substantially the requirements for a final plat under town subdivision regulations and existing zoning ordinances[1] and showing a mobile home park in accordance with this chapter.
[1]
Editor's Note: See Ch. 103, Subdivision of land, and Ch. 120, Zoning, respectively.
(3) 
Statement. A written statement describing the proposed method of providing, financing and administering water supply, drainage and sewage disposal systems and of owning and administering open space land. Four (4) copies shall be submitted.
(4) 
Other. The Town Board or Planning Board may request the submission of such additional information that it deems necessary in order to decide on the application.
(5) 
Application fee. An application fee of five dollars ($5.) for each building lot shown on the final plan.
C. 
Petition. In accordance with the town zoning ordinance, the person applying for mobile home park shall also submit to the Town Board a petition for the establishment of a special development area for purposes of authorizing the mobile home park.
D. 
Initial action. The Planning Board shall first review the preliminary layout and by resolution determine the number of lots that constitute a reasonable subdivision of the land. The Planning Board shall then report to the Town Board its recommendations for approval, modification or disapproval of the plan. The Town Board may, after a public hearing, thereafter establish the special development area for the mobile home park and authorize the Planning Board to approve such park in accordance with the final plan with or without modifications specified by the Town Board, taking into account, among other factors, the suitability of plans, financial arrangements and administrative methods for water supply, drainage and sewage disposal; the location and suitability of proposed open space land and the proposed ownership and administrative methods therefor; and the effect of the mobile home park on the appropriate and orderly development of the neighborhood, the appropriate use of adjacent property and the appearance and character of the neighborhood. If the special development area is established by the Town Board and the mobile home park is thereby authorized by the Town Board, with or without modifications and conditions, the Planning Board may then approve the application subject to modifications and conditions specified by the Town Board or that the Planning Board deems necessary to comply with the land subdivision regulations and this chapter.
E. 
Final action. Approval of the application authorizes the applicant to submit to the Planning Board an application for approval of a special development area for the mobile home park. Upon receipt, the Planning Board shall transmit to the Town Board a copy of the application for a mobile home park together with accompanying maps and plans. The Town Board shall determine compliance with its original authorization. Upon determination of such compliance, the Planning Board shall act on the mobile home park in the same manner as required for action on subdivision plats under the land subdivision regulations.
F. 
Construction permit. Mobile home parks approved by the Planning Board under this chapter may be established only after an application for a construction permit has been submitted to the Building Inspector and a construction permit has been issued by him. Any fee required shall be established by the Town Board.
G. 
Certificate of occupancy. In addition to the license requirements of this chapter, a mobile home park may be used or occupied and each mobile home, service building and other accessory building in a mobile home park may be used or occupied only after a certificate of occupancy therefor has been issued by the Building Inspector certifying conformity with this chapter.
The mobile home park and mobile homes therein shall conform to the standards hereinafter specified:
A. 
District and acreage. The mobile home park shall be located in a special development area established by the Town Board under the Town Zoning Ordinance. The area included in the mobile home park, excluding existing roads, shall consist of not less than fifteen (15) acres.
B. 
Number of lots. The number of mobile home lots shown on the mobile home park plan shall not exceed the number of lots shown on the final plan and determined by the Planning Board to constitute a reasonable division of the land under the regular provisions of the zoning ordinance existing prior to establishment of the special development area.
C. 
Size of lots and yards. Each mobile home lot shall contain at least five thousand (5,000) square feet and shall be of such shape that each mobile home is placed on the lot so as to meet the following minimum requirements:
(1) 
Front yard setback depth from the mobile home development street: fifteen (15) feet.
(2) 
Setback from the mobile home lot line on the entry side: twenty (20) feet.
(3) 
Side yard setback from the mobile home lot line on the side opposite from the main entry of the mobile home: five (5) feet.
(4) 
Rear yard setback from the mobile home lot line: fifteen (15) feet.
D. 
Accessory buildings on individual lots. One (1) accessory building not exceeding one hundred twenty (120) square feet in dimension per park lot is permitted. No portion of the accessory building shall be located closer to the internal street than the mobile home. The accessory building shall be located as indicated on the subdivision plat.
E. 
Design and construction of mobile homes. Each mobile home shall conform to the following:
(1) 
Codes. No mobile home shall be placed or installed in a mobile home park unless it meets or exceeds the American National Standard for Mobile Homes (ANSI A119.1-1972, NFPA No. 501B-1976) and the Safety Standard for Liquid Fuel-Burning Heating Appliances for Mobile Homes and Travel Trailers (ANSI A-147.1-1969), in addition to New York State and federal codes.
(2) 
Skirts. Each mobile home owner shall be required to enclose the open space beneath the mobile home with a skirt constructed of either metal, wood, masonry or approved material, properly ventilated, within sixty (60) days after arrival in the park.
F. 
Parking, roadways and access. The following shall be provided for vehicular and pedestrian access:
(1) 
Parking area. Two (2) off-street parking spaces shall be provided for each mobile home lot. Each parking space must have a minimum of one hundred eighty (180) square feet and may be grouped with others in a common or semicommon parking bay as indicated on the approved plat plan.
(2) 
Access. The entrance road connecting the mobile home park streets with a public road shall have a minimum paved road width of twenty-four (24) feet or a total of thirty-six (36) feet, including rights-of-way.
(3) 
Internal streets. Internal streets shall conform to the following:
(a) 
The width of all rights-of-way shall be a minimum of thirty (30) feet, twenty-four (24) feet of which shall be paved. The Planning Board may approve one-way traffic for internal streets with the minimum width and paved area being reduced accordingly.
(b) 
Culs-de-sac shall be provided in lieu of closed-end streets and shall have a turnaround having an outside roadway diameter of at least ninety (90) feet.
(c) 
All streets shall be well drained and paved.
(4) 
Lighting. Adequate lighting shall be provided, with style and location of lighting fixtures in accordance with final plan.
G. 
Landscaping. The mobile home park shall present a sightly appearance, and the park applicant shall present a plan acceptable to the Planning Board for landscaping the park. Such plan may incorporate the natural growth and features or provide planted screenings.
H. 
Sanitation and drainage. The following provisions shall be made for water supply, sewage disposal, drainage and solid waste disposal:
(1) 
Water supply. An adequate supply of water shall be provided for mobile homes, service buildings and other accessory buildings as required by this chapter.
(2) 
Sewerage system. An adequate and approved system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Such systems must be designed, constructed and maintained in accordance with Erie County Department of Health standards and regulations and with the Town of West Seneca Sewer Ordinance.[1]
[1]
Editor's Note: See Ch. 97, Sewers.
(3) 
Drainage. An adequate system of storm drainage pipes, ditches and appurtenances shall be provided and shall be approved by the Town Engineer and the Planning Board. All runoff shall be conducted to a suitable natural stream or runoff where the applicant has rights of discharge.
(4) 
Garbage and refuse. Each mobile home park shall make provision for sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage and refuse. Each mobile home shall have containers with tightly fitting covers. Disposal shall be provided for all rubbish, trash and garbage at least weekly by the park owner or his agent and in conformance with town disposal requirements.
I. 
Electrical distribution and individual systems. The following electrical systems and services shall be provided:
(1) 
Distribution. Every park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electric power company's specifications and regulations. The design, installation, inspection and testing of the electric distribution system and the materials and fixtures used therein shall conform to the applicable requirements of the National Electrical Code (ANSI C1-1971, NFPA No. 70-1981) and the utility supplying electrical service to the mobile home park.
(2) 
Undergrounding. All utility distribution lines shall be placed below ground.
(3) 
Service. Each mobile home lot shall be provided with not less than a one-hundred-ampere service.
J. 
Fuel supply and storage. Fuel supply and storage shall be provided as follows:
(1) 
Fuel and storage. Fuel supply systems for the mobile home park may be natural gas, liquefied petroleum gas or fuel oil, or a combination thereof. Where fuel oil and/or liquefied petroleum gas is used, the oil service may be provided from a central storage tank through an underground distribution system. The liquefied petroleum gas must be supplied from a central storage tank through an underground distribution system.
(2) 
Codes. Storage and distribution systems shall conform to the following code requirements:
(a) 
Natural, mixed or liquefied petroleum gas distribution systems shall conform to the applicable requirements of the New York Codes, Rules and Regulations, Part 255 (16 NYCRR 255). Storage tanks for liquefied petroleum gas shall conform to the applicable requirements of NFPA No. 58-1979 and/or 59-1979.
(b) 
Fuel oil storage and distribution systems shall meet or exceed the applicable provisions of the American Standard Code for Pressure Piping, Section 4, Oil Transportation Piping (NFPA No. 31-1974, ANSI 295.1 - 1974). Storage tanks shall be of welded steel construction and shall meet or exceed the requirements of the American Petroleum Institute Standard for Welded Steel Storage Tanks (API Std. 650).
K. 
Recreation and open space. In each mobile home park provision shall be made for recreation and open space as follows:
(1) 
Every mobile home park shall be provided with a common recreational area or areas for the use of persons living in the park, which areas shall contain no less than one thousand (1,000) square feet per mobile home lot.
(2) 
The Town Board, as a condition of approval, may establish such conditions on the ownership, use and maintenance of open spaces as it deems necessary to assure the preservation of such open spaces for their intended purposes.
(3) 
The recreation areas shall have a location acceptable to the Planning Board and be maintained by the owner.
(4) 
In lieu of recreation area, the Planning Board in conjunction with the Town Board may authorize a per lot fee, which shall be placed in escrow for use by the town to provide a recreation facility for the general area.
A. 
License required. After such time that all other rules, regulations, codes and provisions of this chapter have been met, as attested by the Building Inspector of the Town of West Seneca, the Town Clerk of the Town of West Seneca will issue a license for operation and maintenance of a mobile home park. The applicant will file a licensing fee of ten dollars ($10.) per mobile home lot. Said license is for a twelve-month period. Requirements of this section are applicable to all mobile home parks within the Town of West Seneca.
(1) 
Renewal of license.
(a) 
Approval of the license renewal application, accompanied by the stipulated fee per mobile home lot, shall be based upon demonstration that the design and maintenance of the park is in accordance with the requirements at the time of approval of the construction permit for the park. However, the park owner shall be required to make changes or improvements as required by amendments to town laws and ordinances subsequent to the issuance of the construction permit and within the effective date of the amendments.
(b) 
Prior to renewal license being issued, inspection of the mobile home park shall be completed by the Town Building Inspector and/or the Town Engineer or such person designated by the Town Board. Written approval of the inspecting officer shall be affixed to the renewal application.
(2) 
Transfer of license. Licenses are not transferable except upon written application to and approval by the Town Board of the Town of West Seneca.
B. 
Register. All park owners shall keep a register of the year, make, serial number and size of mobile homes in their parks, said register to be maintained in the office of the park owner. The names and addresses of the mobile home owners shall also be on file and available for inspection by the Building Inspector or his designee.
C. 
Maintenance. The person to whom a license has been issued shall operate the mobile home park in compliance with this chapter and shall provide adequate supervision on site to maintain the park, its facilities and equipment in good repair and in a clean, sanitary condition.
D. 
Inspections. A representative of the Town of West Seneca may inspect a mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter and other regulations or ordinances of the Town of West Seneca.
A. 
Existing parks. This chapter shall not apply to trailer parks in existence at the time of enactment hereof except as specifically noted. Preexisting mobile home or trailer parks shall, within one hundred eighty (180) days of the effective date of this chapter, file a plat plan with the Town Clerk showing existing sites and facilities. Any future expansion beyond that in existence at the time of enactment of this chapter shall meet the requirements hereof.
B. 
Previous laws. The provisions of this chapter shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions hereof; provided, however, that nothing herein shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or which establishes a higher standard for mobile home parks than those provided in this chapter, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
C. 
Conflict with other laws. In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire safety or sewage disposal law or ordinance or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes a higher standard shall prevail.
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment.