[HISTORY: Adopted by the Town Board of the Town of Victor 8-23-1982 by L.L. No. 1-1982; amended in its entirety 5-24-1999 by L.L. No. 5-1999.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 211.
[1]
Editor's Note: This local law also provided for changing the chapter title from Mobile Home Parks to Manufactured Homes and changing "mobile home" to "manufactured home" throughout the chapter.
This chapter is adopted in order to promote the health, safety and general welfare of the community and to protect and preserve the property of the Town of Victor by regulating the occupancy and maintenance of manufactured homes and manufactured home community by establishing minimum standards for such parks.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure subordinate to the principal structure or manufactured home on the same lot and serving a purpose customarily incidental to the principal structure.
BOARD
The Town Board of the Town of Victor.
IMPROVEMENT
Includes sewer, water, roads, parks and electric.
MANUFACTURED HOME
A. 
A transportable structure designed and built to be towed on its own chassis or a removable chassis, connected to utilities, and designed to be 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 or more separately towable components designed to be joined into one integral unit capable of being again separated into the components for repeated towing. A "manufactured home" shall be limited to a single-story unit.
B. 
A "manufactured home" should not be confused with a travel trailer, motorized home, pickup coach or camping trailer which is towed by a motor vehicle and can be operated independently of utility connections, is limited in width to eight feet, in length to 32 feet and is designed to be used principally as a temporary vacation dwelling.
MANUFACTURED HOME DESIGN
A manufactured home should be designed and manufactured as a type of unit which would require, after January 15, 1974, a seal as provided for in the State Sanitary Code or United States Department of Housing and Urban Development (H.U.D.) for construction and installation of manufactured homes.
MANUFACTURED HOME LOT
A parcel of land, within a manufactured home community, reserved for the placement of a manufactured home.
MANUFACTURED HOME COMMUNITY
A parcel of land under single ownership (one deed) which has been planned and improved for the placement of manufactured homes for nontransient use.
MANUFACTURED HOME STAND
That part of a manufactured home lot which has been reserved for the placement of a manufactured home and appurtenant structure or additions, including a driveway apron and patio. The manufactured home area is derived from the area of the lot which remains after all setbacks are met.
PERSON
Any individual, firm, trust, partnership, public or private association or corporation.
PLANNING BOARD
The Planning Board of the Town of Victor.
SINGLE OWNERSHIP
Refers to a person. (See definition of "person.")
TOWN CLERK
The Town Clerk of the Town of Victor.
ZONING BOARD
The Zoning Board of Appeals of the Town of Victor.
A. 
Approval of Planning Board. The Planning Board may, after the establishment of a Manufactured Home Community District by the Town Board, approve a manufactured Home Community located in such Manufactured home community District.
B. 
Application. Application for a Manufactured home community District shall be submitted to the Town of Victor's Secretary of the Planning Board, who shall, upon receipt, transmit the application to the Planning Board. The application shall be accompanied by the following:
(1) 
Preliminary plan. Meeting the requirements for a manufactured home community under the manufactured home community regulations. Nine copies shall be submitted.
(2) 
Statement. A written statement describing the proposed method of providing and administering a water supply and sewage disposal systems and of owning and administering open space land. Nine copies shall be submitted.
(3) 
Other information. The Town Board may request the submission of such additional information as it deems necessary in order to decide on the application.
(4) 
Application fee. Prior to the issuance of a permit for a manufactured home community or the renewal of any such permit, the owner of the park shall pay to the Town such fees as may from time to time be adopted by the Town Board.
C. 
Petition. The petition applying for the establishment of a Manufactured Home Community District shall also be submitted to the Town Board by the applicant for the manufactured home community.
D. 
Initial action. The Planning Board shall first review the preliminary plan and shall then report to the Town Board its recommendations for approval, modification or disapproval of the preliminary plan. The Town Board may, after a public hearing, establish the Manufactured Home Community District. The Planning Board may then approve the application subject to modifications and conditions that the Planning board deems necessary to comply with the regulations and standards of this chapter. Such approval shall be made simultaneously with tentative approval of the preliminary layout under the regulations of this chapter.
E. 
Final action. Upon approval of the preliminary plan for a manufactured home community, the applicant shall submit to the Planning Board final maps and plans. Upon determination of compliance with all the regulations and standards of this chapter, the Planning Board shall act on the approval of the manufactured home community. Upon recommendation of the Planning Board for approval for a manufactured home community, the Town Board may issue a manufactured home community permit.
F. 
Construction permit. Manufactured home community approved by the Planning Board under this chapter may be established only after an application for a construction permit has been submitted to the Code Enforcement Officer and a construction permit has been issued by him.
The manufactured home community and manufactured homes therein shall conform to the following standards.
A manufactured home community shall be located in an established Manufactured Home Community District and shall consist of an area of not less than 10 acres.
Each manufactured home lot shall contain at least 7,200 square feet with a minimum width of 60 feet and shall have such shape that each manufactured home is placed on the lot so as to meet the following setback requirements:
A. 
Front yard setback. There shall be 20 feet from the road right-of-way, but no less than 25 feet from the edge of the road pavement. On a corner lot, there shall only be one front setback, which shall be measured from the driveway side of the manufactured home unit.
B. 
Side yard setback. In lieu of a setback from its side lot line, there shall be a minimum of five feet separating all structures on each lot.
C. 
Rear yard setback. There shall be a setback of 10 feet from the rear lot line to any structure on the lot.
D. 
Minimum size of individual manufactured home. The minimum size of any individual manufactured home in a manufactured home community shall be not less than 720 square feet.
E. 
Accessory buildings on individual lots. One accessory building not to exceed 144 square feet and 10 feet in height shall be permitted for each manufactured home. The auxiliary structure shall be separated from any manufactured home or any auxiliary structure to any other manufactured home by five feet. Accessory structures are not subject to the setback requirements of this section.
F. 
Entrance platform. Each manufactured home shall be provided with an entrance platform of concrete, bituminous asphalt or two-by-two hydra-press concrete patio block, at least four feet by eight feet and four inches in depth. The platform is to be located at the main entrance to the manufactured home and may act as a base for railings and steps for the manufactured home. This platform may be part of the patio area.
G. 
Skirts. Each manufactured home owner shall be required to enclose the bottom portion of the manufactured home with noncombustible material or an enclosure which shall be uniform in appearance, design and type as the manufactured home within 30 days after arrival in the park.
H. 
Parking areas and/or driveways. Two off-street parking spaces must be provided for each manufactured home lot. The parking space shall be not less than 15 feet wide by 20 feet long and shall be constructed of concrete, bituminous asphalt or equivalent, at least a minimum of four inches of compacted gravel base with three inches of asphalt. The parking spaces may be grouped for each two manufactured homes. Such grouping shall provide a parking area of not less than 36 feet wide by 20 feet deep.
The entrance road connecting the manufactured home community with the public road shall have a minimum paved road width of 20 feet.
Internal streets shall conform to the following:
A. 
That all private drives and/or roadways shall conform to the Town's Design and Construction Standards for Land Development.
B. 
Street signs. Permanent street signs of the same type and design in general use throughout the Town, showing the name of the intersecting streets, shall be allowed at each intersection. Each of said signs shall bear the designation "drive."
C. 
Culs-de-sac shall be provided in lieu of closed-end streets and shall have a turnaround having an outside paved roadway diameter of at least 90 feet.
D. 
Streetlighting. Adequate lighting shall be provided at each intersection from dusk to dawn, with such lighting meeting the recommendations of the utility company, and lawn lights shall be provided at each manufactured home lot.
An adequate supply of water shall be provided for all manufactured homes, service buildings and other accessory buildings as required by this chapter. Where a public water supply is available, a connection thereto shall be used exclusively. If a public water supply is not available, a private water supply system shall be constructed and maintained to the standards required by the New York State Department of Health. Such private system shall be constructed so that it may be connected with a public water supply when available.
An adequate and approved system for the maximum number of manufactured home stands shall be provided in all parks for conveying and disposing of sewage from manufactured homes, service buildings and other accessory facilities. Where public sewerage is available, connection thereto shall be used exclusively. Such systems must be constructed and maintained in accordance with the standards and the regulations of the Town of Victor and the New York State Department of Health and the New York State Department of Environmental Conservation. Where the sewer lines of a manufactured home community are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the engineer for the Town of Victor and state agencies having jurisdiction.
An adequate system of storm drainage pipes, ditches and appurtenances shall be provided and shall be approved by the engineer for the Town of Victor and the Planning Board. All runoff shall be conducted to a suitable retention or detention pond then to natural drainage where the park owner has rights of discharge.
Each manufactured home community shall make provision for sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage and refuse. Each manufactured home shall have containers with tightly fitting covers. Disposal shall be provided for all rubbish, trash and garbage at least once weekly by the park owner or his agent and in conformance with Town requirements.
Every manufactured home community 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. All wiring fixtures and connections must have the New York State Board of Underwriters' approval. Specific regulations shall be as follows:
A. 
Each manufactured home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts A.C., 100 amperes.
B. 
All electric and telephone lines shall be underground.
A. 
All manufactured home communities shall be provided with facilities for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
B. 
Natural gas installations shall be planned and installed so that all components and workmanship comply with the requirements of the American Gas Association, Inc., and conform to the requirements, inspections and approval of the utility which will supply this product.
C. 
Fuel oil systems with either common or individual supplies shall be designed, constructed, inspected and maintained in conformance with the provisions of the National Fire Protection Association, Standard 30. All fuel oil storage tanks, whether provided as a bulk supply for a group of manufactured homes or on each individual manufactured home lot, shall be located underground and shall be supplied with permanently installed and secured piping.
D. 
Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of the National Fire Protection Association, Standard 58. Liquefied petroleum gas tanks shall be located at the rear of the manufactured home site and shall be landscaped and screened from public view.
In each manufactured home park, provision shall be made for recreation and open space as follows:
A. 
In all parks, there shall be one or more recreation areas which shall be easily accessible to all park residents. No outdoor recreation area shall contain less than 5,000 square feet. Over 30 lots, 200 square feet shall be provided for each manufactured home lot.
B. 
Recreation areas shall be located as to be free of traffic hazards and should, where the topography permits, be centrally located.
C. 
The Planning Board may recommend to the Town Board regarding 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.
A. 
If the manufactured home community is to include community facilities and activities, such as meeting rooms, recreation buildings, laundry rooms, swimming pools and central mail distribution, the plan shall include details of these facilities and the owner's statement of intent to provide adequate supervision and management of such facilities and activities.
B. 
All manufactured home community facilities and activities shall be landscaped with trees, shrubs and grass and shall provide adequate, paved off-street parking space.
A. 
Buffer zones. Manufactured home communities located adjacent to an industrial, commercial or residential development or heavily traveled highway shall be buffered from such development or highway by a fifty-foot zone bordered by a hedge or similar landscape screen which will reach a height of at least six feet. The Planning board, in its discretion, may modify the buffer requirements (by decorative fencing or otherwise) as appropriate.
B. 
Soil and ground cover requirements. Exposed ground surfaces in all parts of any manufactured home community shall be paved, surfaced with crushed stone or other solid material or protected with grass or plant material capable of preventing erosion and of eliminating dust.
C. 
The developer shall submit a landscaping plan for the manufactured home community for approval by the Planning Board.
Each manufactured home stand shall be provided with a walkway leading from the stand to the street or to the driveway.
A. 
The area of the manufactured home stand shall be improved to provide an adequate foundation as set forth in the New York State Uniform Fire Prevention and Building Code for construction, installation, placement and tie-down of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning.
B. 
The manufactured home stand shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.
C. 
The manufactured home stand shall be provided with anchors and tie-downs, such as cast-in-place concrete dead-men eyelets embedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices securing the stability of the manufactured home.
D. 
Anchors and tie-downs shall be placed at least at each corner of the manufactured home stand at approximately fifteen-foot intervals on each side, and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
A. 
Each roadway shall be named and noted upon signs at each roadway intersection.
B. 
Each manufactured home lot shall be assigned a permanent number which shall be noted on the manufactured home lot in a location clearly visible from the roadway.
A. 
No enclosure or addition having a ground area greater than 50% of the ground area of the manufactured home shall be constructed on or added or attached to the exterior of any manufactured home, and it must be compatible with the manufactured home.
B. 
Such enclosure or addition must be portable as a unit or in sections.
C. 
The foregoing of this section shall not apply to carports.
D. 
Such structure must be completed or entirely removed from the manufactured home community within three months of the date of issuance of the building permit.
E. 
With the written consent of the park owner, a building permit must be obtained from the the Code Enforcement Officer prior to construction of any such enclosure or addition, and the application therefor must show a detailed plan of the proposed construction, showing compliance with the terms of this chapter.
The owner of every manufactured home community shall keep a record of the occupants and the manufactured homes located within the community. A copy of such register shall be made available to the Code Enforcement Officer upon his demand. Such register shall contain the following:
A. 
The name and address of each occupant.
B. 
The make, model, year and serial number of each manufactured home and the manufactured home space within the community on which the same is located.
C. 
The dates of arrival and departure of each manufactured home.
Any sale of a manufactured home space or spaces or portion of a manufactured home community, other than the entire manufactured home community, as shown on the plan of such community approved by the Town, shall thereupon immediately invalidate the permit for such community approved by the Town Board. Any use of any of the premises within the manufactured home community other than as a manufactured home communities shall thereupon immediately invalidate the permit of such community approved by the Town Board.
A. 
Every roadway within a manufactured home community shall be maintained in good repair and shall be open at all times reasonably possible for travel by occupants of the community and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The community owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal. The provisions of this subsection shall apply to existing manufactured home community and manufactured home community hereafter established within the Town of Victor.
B. 
The person to whom a permit for a manufactured home community is issued shall operate the community in compliance with this chapter and shall provide adequate supervision to maintain the community, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.
C. 
The community operator shall notify community occupants of all applicable provisions of this chapter and inform them of their responsibilities and any regulations issued thereunder.
D. 
The community operator shall place or supervise the placement of each manufactured home on its manufactured home stand, which includes ensuring its stability by securing all tie-downs and installing all utility connections.
E. 
The community operator shall promptly notify the Town of changes of ownership or management of the community.
F. 
The community operator shall be required to develop a central dispersal point for mail delivery in compliance with the United States Post Office.
A. 
The community occupant shall be responsible for the maintenance of his manufactured home and any appurtenances thereto and shall keep all yard space on his site in a neat and sanitary condition.
B. 
It shall be the responsibility of each manufactured home occupant to keep his site free of litter, rubbish, unused vehicles and equipment or parts thereof.
A. 
Enforcement officer designated; right of entry.
(1) 
This chapter shall be enforced by the Code Enforcement Officer of the Town of Victor and the New York State Department of Health.
(2) 
Said officers and their inspectors shall be authorized and have the right in the performance of duties to enter any manufactured home community and make such inspections as are necessary to determine satisfactory compliance with this chapter and regulations issued thereunder. Such entrance and inspection shall be accomplished at reasonable times, after prior notice to the community operator and, in emergencies, whenever necessary to protect the public interest. Owners, agents or operators of a manufactured home community shall be responsible for providing access to all parts of the premises within their control to the enforcement officer or to his inspectors, acting in accordance with the provisions of this chapter.
B. 
Before occupancy of any manufactured home, a certificate of occupancy must be obtained from the Code Enforcement Officer.
Upon determination by the enforcement officer that there has been a violation of any provisions of this chapter, he shall serve upon the holder of the permit for such manufactured home community an initial order, in writing and by registered mail, directing that the conditions therein specified be corrected within 90 days after the date of delivery of such order.
If, after the expiration of such ninety-day period, such violations are not corrected, the enforcement officer shall serve a notice, in writing, upon such manufactured home community operator, requiring the holder of the community permit to appear before the Town Board of the Town of Victor at a time to be specified in such notice to show cause why the manufactured home community permit should not be revoked. Such hearing before the Town Board shall occur not less than 48 hours nor more than 10 days after the date of service of said notice by the enforcement officer.
Within 10 days after the hearing at which the testimony and witnesses of the enforcement officer and the manufactured home community permit holder shall be heard, the Town Board shall make a determination, in writing, sustaining, modifying or withdrawing the order issued by the enforcement officer, as directed by § 138-26 of this chapter. Failure to abide by any Town Board determination to sustain or modify the initial order of the enforcement officer and to take corrective action accordingly shall be cause for the revocation of the manufactured home community permit by such order and determination.
A. 
When there are practical difficulties, unusual circumstances or design innovations involved, the Zoning Board of Appeals, pursuant to the provisions set forth at § 211-8, may grant variances from any of the provisions and regulations of this chapter, except those related to the Health Department or the Department of Environmental Conservation requirements.
[Amended 10-25-2010 by L.L. No. 8-2010]
B. 
Requests for a variance shall be in writing from the person applying for the manufactured home community permit required in accordance with regulations for manufactured home permits.
C. 
In considering a request for a variance, the reviewing Boards shall be guided by the circumstances of the situation and the intent of the applicant and shall act as to protect the best interests of the community.
[Amended 10-25-2010 by L.L. No. 8-2010]
Any person aggrieved by any decision of the enforcement officer under this chapter may appeal to the Zoning Board of Appeals, which shall make a determination on said appeal pursuant to the provisions at § 211-8 of the Victor Town Code.
A violation of this chapter is an offense punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. For the purpose of conferring jurisdiction upon courts and judicial offices, violations of this chapter shall be deemed to be violations. Each week the violation continues shall be deemed to be an additional violation.
No manufactured home shall be located outside of a manufactured home community, except as noted in § 211-39, Temporary structures, of Chapter 211, Zoning.
A. 
Prior to the issuance of a permit for a manufactured home community or the renewal of any such permit, the owner of the community shall pay to the Town Clerk such fees as may from time to time be adopted by the Town Board.
B. 
An inspection/certificate of occupancy fee to be determined by the Town Board shall be paid to the Town Clerk by the manufactured home community owner.
A. 
The owner of any manufactured home community existing prior to the adoption of this chapter shall apply for a manufactured home community permit within one year from the date of adoption of this chapter, and such permit shall be subject to renewal every two years thereafter.
B. 
No permit for a manufactured home community existing at the time of enactment of this chapter shall be expanded unless they conform to this chapter.
The permit shall be valid for a period of two years. Upon application by the owner and payment of the required fees, the enforcement officer shall issue a renewal permit for an additional two-year period. If the manufactured home community has not been constructed in accordance with approved plans and all conditions attached thereto or if a violation of this chapter shall be found or if any unapproved change shall have taken place, the permit will not be renewed until said manufactured home community has been brought into compliance. In such case, the enforcement officer shall serve an order upon the holder of the permit in accordance with the provisions of §§ 138-27, 138-28 and 138-29 of this chapter.
Storage space shall be provided for auxiliary vehicles. No travel trailer, camper, boat, snowmobile or similar auxiliary vehicle or conveyance shall be stored on any manufactured home lot. A supplemental communitying area shall be provided in each community for the storage or temporary communitying of all auxiliary vehicles.
A. 
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 of this chapter, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard 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.
B. 
In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, firesafety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provisions or higher standard shall prevail.
C. 
Prior to the placement of any manufactured home in the manufactured home community, all improvements (see definition of "improvements" in § 138-2) must be completed.