[HISTORY: Adopted by the Town Board of the Town of East Fishkill
4-4-1974 as Ch. 46 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 194.
This chapter shall be known as the "Mobile Home Parks Ordinance of the
Town of East Fishkill."
It is the purpose of this chapter to regulate mobile home parks or camps
and the use of house trailers in the Town of East Fishkill, Dutchess County,
New York, for the promotion of the health, safety, morals and general welfare
of the residents of the Town of East Fishkill.
As used in this chapter, the following terms shall have the meanings
indicated:
The Building Inspector of the Town of East Fishkill, Dutchess County,
New York.
The lot or space in any trailer camp which shall be assigned to or
used and occupied by any one house trailer.
The Dutchess County Department of Health.
Any dwelling unit or residence on wheels, skids, rollers, flatbed
trailer or other trailer, with or without its own motive power designed to
be used for human habitation or for carrying persons or property, including
such units as arrive at a site of use as a dwelling more or less complete
and ready for occupancy except for unpacking and assembly operations and placing
on temporary or semipermanent or permanent foundations and connecting to utilities.
Any addition to such house trailer shall, for the purpose of this chapter,
be deemed to be a part of such house trailer. The terms "mobile home" and
"house trailer" are intended to be used entirely interchangeably in this chapter.
The Planning Board of the Town of East Fishkill, Dutchess County,
New York.
[1]The Town Clerk of the Town of East Fishkill, Dutchess County, New
York.
Any lot, piece or parcel of ground whereon two or more house trailers
are located or parked otherwise than for the purpose of loading, unloading
or discharge or entrance of occupants or passengers. As used in this chapter,
the terms "trailer camp," "trailer park" and "mobile home park" are entirely
interchangeable and mean one and the same thing.
The Zoning Board of Appeals of the Town of East Fishkill, Dutchess
County, New York.
The Zoning Ordinance of the Town of East Fishkill, Dutchess County,
New York.
[2]A.Â
It shall be unlawful for any person, firm or corporation
to establish, maintain, operate or conduct a mobile home park within the Town
of East Fishkill unless duly licensed to do so as hereinafter provided; further,
it shall be unlawful for any person or persons or corporation being the owner
of real property in the town to use or permit others to use such land for
or as a mobile home park unless such use be licensed and comply in all respects
with this chapter.
B.Â
Existing mobile home parks. The licensing provisions of this chapter shall apply to existing mobile home parks in the Town of East Fishkill, including the one-time-charge application fee as set from time to time by the Town Board; however, the applicant for a license for an existing mobile home park shall set forth only a response to those matters required under § 131-5A. This chapter shall apply in all respects to any addition or modification to any existing mobile home park.[1]
D.Â
This chapter is intended to be read in conformity with
the Zoning Ordinance and as it may from time to time be amended; mobile home
parks may be established subject to this chapter and be located only in such
areas or zones of the town as permitted by said ordinances.
A.Â
Every person, firm or corporation desiring a license
to conduct a trailer camp within the Town of East Fishkill shall first make
application in writing for such license to the Town Clerk. Said application
shall state the name and address of the applicant, the nature and extent of
his interest in the business for which a license is desired and whether he
is the owner of the property, and if not the owner, the name, address and
written consent, duly acknowledged, of the owner, and shall give a legal and
concise description of the property to be used. Said application shall also
state the number of units therein and such information as may be required
by the Town Clerk or other proper officers of the Town of East Fishkill, County
of Dutchess and State of New York. Such application shall be accompanied by
a plan, drawn to scale, which must clearly show the extent and area to be
used for automobile, trailer or house cars and the location of all of the
proposed sanitary conveniences, toilets, washrooms, laundry buildings, slop
sinks, garbage disposal and the proposed method of sewage disposal or removal
and the plan for water supply and lighting.
B.Â
Such application shall indicate compliance with the minimum
requirements as set by the rules and regulations of the State Department of
Health, the Dutchess County Health Department and the Sanitary Code of the
State of New York. There shall be endorsed thereon the approval of the Health
Department and Planning Board. Such application shall be accompanied by the
written consents, duly acknowledged, of the owners of 50% of lands within
a radius of 2,500 feet of the boundaries of the lands proposed to be used.
Such application shall be accompanied by an investigation fee in an amount
as set from time to time by the Town Council.[1]
C.Â
The Town Clerk shall submit said application and plan
to the Building Inspector, who shall examine the same and inspect the property,
application and plan and either approve or disapprove the same, and if the
same is approved, such approval shall be endorsed upon the application, and
if disapproved, the application shall be endorsed accordingly, together with
the reason or reasons for such disapproval. The Town Clerk shall thereafter
refer said application and all documents submitted therewith to the Zoning
Board of Appeals, which shall within 90 days hold a public hearing on such
application. If approved, such Zoning Board of Appeals shall direct the Town
Clerk to issue a license, and if disapproved, shall give the reason for such
action.
A.Â
No trailer park or camp shall be located within 2,500
feet of the boundary line of any property used for public school purposes.
B.Â
All land used for trailer parks or camps shall be located
in well-drained sites comprising a minimum of 10 acres, free from heavy or
dense growth of brush or weeds. The land shall be properly graded so as to
ensure rapid drainage during and following rain and shall be drained so as
to be free from pools of stagnant water.
C.Â
Each unit in any trailer park or camp shall be not less
than 1/4 acre in area, clearly defined by markers in each corner, and no more
than one house trailer shall be permitted to occupy one unit. Units shall
be grouped in blocks, with streets at least 30 feet wide in each block. Said
streets shall be constructed and surfaced in accordance with the town road
specifications and approved by the Town Superintendent of Highways. Each camp
unit shall have at least thirty-foot frontage on such a street. Trailers shall
be so placed on each unit that there shall be a distance of at least 20 feet
to any front, rear or side lot line, and no camp unit shall be located within
50 feet of the boundary of a trailer camp. Each trailer on a unit space shall
be so located in such manner as to provide off-street parking space for a
minimum of one motor vehicle.
Each trailer camp shall be provided with toilets, urinals, washbasins,
slop basins, sinks, garbage receptacles, shower baths, water faucets in accordance
with the following:
A.Â
Not less than one toilet for each sex for every 10 units
or fraction thereof.
B.Â
Each toilet room shall be provided with at least one
lavatory with hot and cold running water.
C.Â
One shower bath shall be provided for each sex for every
10 units or fraction thereof.
D.Â
All toilets, sinks, showers, and urinals shall be placed
in properly constructed buildings located within 500 feet of each trailer
unit which they are supposed to service.
E.Â
Toilet buildings shall be well lighted at all times,
day or night, well ventilated with screened openings and constructed of such
moistureproof material as shall permit rapid and satisfactory cleaning, scouring
and washing.
F.Â
The floor of all toilet rooms shall be of concrete, tile
or similar material elevated not less than eight inches above grade and shall
slope to a floor drain located in each room.
G.Â
The slop sinks or basins with water supply shall be provided
to serve each 10 units and shall be constructed in accordance with the design,
size and material approved by the Department of Health and the Building Inspector.
H.Â
All plumbing installations shall be made in accordance
with the requirements of the state health laws and rules, and all sewer drains,
etc., shall be connected to a town sewer if the camp is located on a highway
which has a town sewer available or to a properly constructed septic system
constructed in accordance with the requirements of the Department of Health
and under the inspection and supervision of said Department and the Building
Inspector.
I.Â
Where toilet and bathing facilities are provided for
both sexes in the same building, a tight soundproof wall shall be constructed
between the male and female sections.
J.Â
All bathtubs are prohibited.
K.Â
No waste water shall be discharged from any waste tanks
upon the ground, but disposal of waste water shall be in accordance with directions
and specifications provided by the Department of Health and the Building Inspector.
L.Â
A covered metal garbage pail and a covered metal rubbish
container shall be provided for each unit and shall be of such capacity as
to properly take care of all garbage and rubbish emanating from the units
intended to be served, and the same shall be emptied and the contents properly
disposed of by the owner or operator of the trailer park or camp every 24
hours, and such containers shall at all times be kept securely covered and
in a sanitary condition.
M.Â
Inasmuch as the disposal of chemical toilet wastes to
septic systems will affect their septic action and seriously damage the system,
such disposal is therefore prohibited.
N.Â
Only such water supply as shall be approved by the Department
of Health and the Building Inspector shall be used in any trailer park or
camp.
O.Â
Each trailer camp shall provide certain electric service
connections and outlets for each unit, all such to be of a type approved by
the New York State Board of Fire Underwriters.
P.Â
Playground areas shall be provided and shall be restricted
to such use. These areas shall be protected from the main highway and from
parking areas. A minimum of 1,000 square feet per camp unit shall be made
available in one or more places for such playground use.
A.Â
Every trailer park or camp shall be under the direct
management of the owner of the license or his agent or representative. Such
person or persons must be of good reputation and character and shall operate
such park or camp from an office located on the grounds, in which office shall
be maintained a bound book containing a record of the names of all persons
accommodated at the park or camp, their home addresses, the license number
and make, color and registration number of their automobile or trailer, and
such record shall at all times be available for inspection by any peace officer
of Dutchess County or any other law enforcement officer of the Town of East
Fishkill, Dutchess County, New York.
B.Â
It shall be the duty of the licensee of any such park
or camp to:
(1)Â
Provide for the collection of garbage and any other waste
material.
(2)Â
Prohibit the placing or storage of unsightly materials
or vehicles of any kind.
(3)Â
Provide for cleaning, painting, repairing and disinfecting
all buildings.
(4)Â
Take such other measures which shall be deemed necessary
by the Town Board, the Dutchess County Department of Health, the Building
Inspector and the Zoning Board of Appeals to preserve the health, comfort
and safety of all persons accommodated in the park or the general public.
(5)Â
Report all cases of communicable diseases or suspected
cases of communicable diseases affecting any occupant of the camp.
(6)Â
Prevent the committing of any nuisance in the camp or
on the camp premises and report immediately to the proper public authorities
all acts of a disorderly character committed by any person or persons inside
the camp.
A.Â
All trailer camps shall be provided with adequate protection
consisting of a hydrant or hydrants, when feasible, fire hose and fire extinguishers
so located that the same shall be available immediately in the event of a
fire and as specified and approved by the Fire Chief of the East Fishkill
Fire District. Such fire equipment shall be inspected by the Fire Chief of
the East Fishkill Fire District at regular intervals and shall at all times
meet with his approval.
B.Â
All gasoline and other flammable fluids shall be stored
underground, and such storage and handling of such combustible materials shall
be under the supervision of the Building Inspector.
C.Â
Suitable telephone facilities, accessible at all times,
shall be provided at all such camps to enable the Fire Department to be called
in case of fire.
Any license issued for a trailer camp pursuant to this chapter shall
be valid until January 1 next succeeding the date of issuance and shall be
renewed annually thereafter by the Town Clerk. Any such license issued pursuant
to this chapter shall not be transferable or assignable.
In the event that it is made to appear to any police officer, health
officer or any authorized representative of the Town of East Fishkill, including
the Board of Zoning Appeals, that a trailer camp or park is in any way not
being maintained in accordance with the provisions of this chapter or is in
any way violating the Zoning Ordinance of the Town of East Fishkill or any
other law or regulation relating to trailer parks or camps, the Board of Zoning
Appeals may revoke or suspend the license granted under the authority of this
chapter after a hearing at which the testimony of the complaining official
or officials, plus witnesses, and the holder of the license shall be heard.
In the event the license following said hearing is revoked, the premises shall
forthwith cease to be used for the purpose of a trailer camp or park and all
house trailers shall forthwith be removed therefrom.
No persons shall use or park any house trailer within the Town of East
Fishkill except within the limits of a duly licensed trailer park or camp.
None of the provisions of this chapter, however, shall apply to the sale,
storage or garaging of a house trailer or house trailers, provided the same
are unoccupied and are not used for sleeping or living purposes and are not
being stored in violation of the Zoning Ordinance or other ordinance of the
town.
Any person, persons, firms, associations or corporations committing
an offense against any of the provisions of this chapter or of any section
or part thereof shall be guilty of a violation and, upon conviction thereof,
may be fined not more than $250 or be imprisoned for not more than 15 days,
or both. In addition, an offense against any section or provision of this
chapter shall subject the person, firm or corporation committing the same
to a civil penalty in the sum of $100 for each 24 hours continued violation
thereof, and said penalty shall be recovered by the Town of East Fishkill
in a civil action. In addition, the town authorities shall have such other
remedies as are provided by law to restrain, correct or abate any offense
against this chapter, including the enforced removal of conditions prohibited
by this chapter.
