[HISTORY: Adopted by the Town Board of the Town of Batavia 12-14-1988.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 89.
Electrical standards — See Ch. 106.
Flood damage prevention — See Ch. 112.
Road specifications — See Ch. 183.
Sewer use — See Ch. 191.
Solid waste — See Ch. 198.
Subdivision of land — See Ch. 204.
Water — See Ch. 229.
Zoning — See Ch. 235.
As used in this chapter, the following terms shall have the meanings
indicated:
Any structural addition to the mobile home, which includes awnings,
cabanas, carports, Florida rooms, porches, ramadas, storage cabinets and similar
appurtenant structures.
A roofed structure erected for permanent use.
Any area or space designed for joint use of tenants occupying mobile
home developments.
A central system which serves all living units and is not publicly
owned.
The number of mobile homes or mobile home stands per gross acre.
A minor private way used by vehicles and pedestrians on a mobile
home lot or for common access to a small group of lots or common facilities.
Same as "living unit."
A vested or acquired right to use land, other than as a tenant, for
a specific purpose, such right being held by someone other than the owner
who holds title to the land.
The Zoning Enforcement Officer of the Town of Batavia shall have
the duty to enforce the provisions of this regulation.
The State Department of Health or its authorized representative of
the appropriate political subdivision.
Living units, dwellings and/or other structures that shelter or cover.
A written document issued by the enforcing agency allowing a person
to operate and maintain a mobile home development under the provisions of
this regulation.
A residential unit providing complete, independent living facilities
for one family, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
The total area reserved for exclusive use of the occupants of a mobile
home.
A line bounding the lot as shown on the accepted plot plan.
Manufactured relocatable housing.
A body of people living in a mobile home development.
The person who owns or has charge, care or control of the mobile
home development.
A contiguous parcel of land which has been planned and improved for
the placement of mobile homes.
A parcel of land for the placement of a mobile home and the exclusive
use of its occupants.
That part of an individual mobile home lot which has been reserved
for the placement of a mobile home.
That area of an individual mobile home lot which has been covered
by a mobile home and its accessory structures.
A building, except a mobile home accessory structure.
A written document issued by the enforcing agency permitting the
construction, alteration or expansion of a mobile home development.
Any individual, firm, trust, partnership, public or private association
or corporation.
Any map, plan, or chart of a city, town, section or subdivision indicating
the location and boundaries of individual properties.
A parcel of land consisting of one or more lots or portions thereof
which is described by reference to a recorded plat or metes and bounds.
The conductors, including the grounding conductors, insulated from
one another, the connectors, attachment plug caps, and all other fittings,
grommets, or devices installed for the purpose of delivering energy from the
service equipment to the distribution panel within the mobile home.
A private way which affords the principal means of access to abutting
individual mobile home lots and auxiliary buildings.
A plot with any buildings or other improvements located thereon.
A recorded boundary of a plot.
A public way which affords the principal means of access to abutting
properties.
A system which is owned and operated by a local governmental authority
or by an established public utility company which is adequately controlled
by a governmental authority. Such systems are usually existing systems serving
a municipality, a township, an urban county or a water or sewer district established
and directly controlled under the laws of a state.
The area, either public or private, over which the right of passage
exists.
A building housing toilet, lavatory and such other facilities as
may be required by this regulation.
The necessary equipment, usually consisting of a circuit breaker
or switch and fuses and their accessories, located near the point of entrance
of supply conductors to or in a building or mobile home and intended to constitute
the main control and means of cutoff for the supply to that mobile home or
building.
A connection consisting of all pipes, fittings and appurtenances
from the drain outlet of the mobile home to the inlet of the corresponding
sewer riser pipe of the sewerage system serving the mobile home development.
That portion of the sewer lateral which extends vertically to the
ground elevation and terminates at each mobile home lot.
Indicates that which is required.
Indicates that which is recommended but not required.
A parcel of land consisting of one or more lots or portions thereof
which is described by reference to a recorded plat or by metes and bounds.
A connection consisting of all pipes, fittings and appurtenances
from the water riser pipe to the water inlet pipe of the distribution system
within the mobile home.
That portion of the water supply system servicing the mobile home
development which extends vertically to the ground elevation and terminates
at a designated point at each mobile home lot.
A.
It shall be unlawful for any person to construct, alter
or extend any mobile home development within the limits of the Town of Batavia
unless he holds a valid permit issued by the enforcing agency in the name
of such person for the specific construction, alteration or extension proposed.
B.
All applications for permits shall contain the following:
(1)
Name and address of applicant.
(2)
Location and legal description of the mobile home development.
(3)
Complete engineering plans and specifications of the
proposed development showing but not limited to the following:
(a)
The area and dimensions of the tract of land;
(b)
The number, location, and size of all mobile home lots;
(c)
The location and width of roadways and walkways;
(d)
The location of water and sewer lines and riser pipes;
(e)
Plans and specifications of the water supply and refuse
and sewage disposal facilities;
(f)
Plans and specifications of all buildings constructed
or to be constructed within the mobile home development; and
(g)
The location and details of lighting and electrical systems.
C.
Fees may be charged for permits and processing of applications
for construction, alterations, amendments or extensions of existing or proposed
mobile home sites as well as for site planning reviews, public hearings, consulting
fees, engineering fees, inspection fees, bad check charges, state environmental
quality reviews, appeals, variances, special use permits and other administrative
actions. The fees shall be set by the Town Board by resolution and may be
changed from time to time in the same manner.
[Amended 5-18-1994]
D.
When, upon review of the application, the enforcing agency
is satisfied that the proposed plan meets the requirements of this chapter,
a permit shall be issued.
E.
Any person whose application for a permit under this
chapter has been denied may request and shall be granted a hearing on the
matter before the enforcing agency under the procedure provided by this chapter.
A.
It shall be unlawful for any person to administer any
mobile home community within the limits of Town of Batavia unless he holds
a valid license issued annually by the enforcing agency in the name of such
person for the specific mobile home community. All applications for licenses
shall be made to the enforcing agency, which shall issue a license upon compliance
by the applicant with the provisions of this chapter.
B.
Penalties. Any person who shall construct, alter or extend
any mobile home development without holding a valid permit or who shall administer
any mobile home community without holding a valid license shall be guilty
of a misdemeanor punishable by a prison term not in excess of one year or
a fine not in excess of $1,000, or both.
C.
Every person holding a license shall give notice in writing
to the enforcing agency within 24 hours after having sold, transferred, given
away, or otherwise disposed of interest in or control of any mobile home community.
Such notice shall include the name and address of the person succeeding to
the ownership or control of such mobile home community. Upon application in
writing for transfer of license and deposit of a fee of $50, the license shall
be transferred if the mobile home community is in compliance with all applicable
provisions of this chapter.
D.
Application for license.
(1)
Applications for original licenses shall be in writing,
signed by the applicant, accompanied by an affidavit of the applicant as to
the truth of the application and by deposit of a fee of $50, and shall contain
the name and address of the applicant and the location and legal description
of the mobile home community showing all mobile home stands, structures, roads,
and other service facilities.
(2)
Applications for renewal of annual licenses shall be
made in writing by the holders of the licenses, shall be accompanied by the
deposit of a fee of $50 and shall contain any change in the information submitted
since the original license was issued or the latest renewal granted.
E.
Any person whose application for a license under this chapter has been denied may request and shall be granted a hearing on the matter before the enforcing agency under the procedure provided by § 150-5 of this chapter.
F.
Whenever, upon inspection of any mobile home community, the enforcing agency finds that conditions or practices exist which are in violation of this chapter, the enforcing agency shall give notice in writing in accordance with § 150-5A to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time, specified in the notice by the enforcing agency, the license shall be suspended. At the end of such period, the enforcing agency shall reinspect such mobile home community and, if such conditions or practices have not been corrected, shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease administration of such mobile home community except as provided in § 150-5B.
A.
The enforcing agency or its delegated representative
is hereby authorized and directed to make such inspections as are necessary
to determine satisfactory compliance with this chapter.
B.
The enforcing agency or its delegated representative
shall have the power to enter at reasonable times upon any private or public
property for the purpose of inspecting and investigating conditions relating
to the enforcement of this chapter.
C.
The enforcing agency or its delegated representative
shall have the power to inspect the register containing a record of all residents
of the mobile home community.
D.
It shall be the duty of every resident of a mobile home
community to give the management thereof or its designated agent access to
any part of such mobile home development at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this chapter.
A.
Whenever the enforcing agency determines that there are
reasonable grounds to believe that there has been a violation of any provision
of this chapter, the enforcing agency shall give notice of such alleged violation
to the person to whom the permit or license was issued, as hereinafter provided.
Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time for the performance of any act
it requires;
(4)
Be served upon the owner or his agent, as the case may
require, provided that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been sent by registered
mail to his last known address or when he has been served with such notice
by any method authorized or required by the laws of this state; and
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
B.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the enforcing agency, provided that such person shall file in the office of the enforcing agency a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Subsection D. Upon receipt of such petition, the enforcing agency shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that, upon application of the petitioner, the enforcing agency may postpone the date of the hearing for a reasonable time beyond such ten-day period when in its judgment the petitioner has submitted good and sufficient reasons for such postponement.
C.
After such hearing the enforcing agency shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection A(4). Upon failure to comply with any order sustaining, modifying or withdrawing a notice, the license of the mobile home development affected by the order shall be revoked.
D.
Whenever the enforcing agency finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon petition to the enforcing agency, shall be afforded a hearing as soon as possible. The provisions of Subsection C shall be applicable to such hearing and the order issued thereafter.
A.
Where the enforcing agency finds that compliance with
the provisions of this chapter would result in undue hardship, an exemption
may be granted by the enforcing agency without impairing the intent and purpose
of this chapter.
B.
Such period shall begin after the enforcing agency has
given notice of a certain and specific deviation from this chapter to the
person to whom the permit or certification was issued.
C.
All mobile home parks within the Town of Batavia in use
at the time of enactment of this chapter shall not be subject to the provisions
of said chapter and shall be considered preexisting nonconforming uses and
shall not be required to seek any variance, including but not limited to use
or zoning, in order to continue the use of the respective property for operation
as a mobile home park, with the following exceptions:
(1)
Any condition or practice existing in a mobile home park
which violates any health and/or safety laws of any town, county, state or
federal government or agency or department.
(2)
Suitable screening of refuse and trash areas.
(3)
Traffic (stop, yield, etc.) signs.
(4)
Any nonconforming use, if changed to a permitted use,
shall not revert to a nonconforming use.
Mobile home parks shall be permitted in the Business Mobile Home Park
(BMH) District upon issuance of a special use permit provided the following
standards and requirements are complied with:
A.
Size. The size of all mobile home parks shall be a minimum
of 10 acres.
B.
Construction and safety standards.
(1)
All mobile homes within the park shall comply with current
construction and safety standards set forth by the United States Department
of Housing and Urban Development.
(2)
Solid-fuel-burning devices shall not be permitted within
any mobile home in a mobile home park (exception: solid-fuel-burning fireplaces
which meet New York State Fire and Building Codes).
C.
Layout and design.
(1)
Double access. All mobile home parks containing 20 or
more units shall have access to a public highway at two points being separated
by at least 100 feet. This provision may be waived if the applicant's
(mobile park owner's) proposal contains acceptable alternatives for emergency
access.
(2)
Buffer zone. The site shall be located and laid out so
that no mobile home shall be closer than 100 feet to any existing single-family
dwelling or two-family dwelling or 35 feet to the park boundary line, whichever
is greater. Additional buffer areas may be required by the Planning Board
if deemed necessary in order to avoid potential conflicts with existing or
planned land uses.
(3)
Sales area. Commercial areas may be provided for the
display and sale of mobile homes within the confines of the mobile home park,
except on the frontage established in the buffer zone. Model units shall only
be placed on individual lots and are limited to one per lot. The Planning
Board may adjust or waive this rule.
(4)
Other principal structures. A private conventional residence
may be located within the confines of the mobile home park. Lot location and
minimum distances shall be fixed by the Planning Board after due consideration
in each case.
(5)
Interior roadways. The layout of interior roadways, driveways
and walkways shall be designed and maintained in such a manner to provide
safe, efficient and orderly vehicular and pedestrian traffic acceptable to
the Planning Board.
(6)
Roadway or driveway clear width. All roadways shall have
a minimum clear zone width of 40 feet which is completely clear of obstructions
to a height of 12 feet.
(7)
Roadway grades. The maximum roadway grade shall be 7%.
Entrance gradients shall be less than 3% for a distance of 75 feet from the
edge of the right-of-way of the public highway and must meet all New York
State Department of Transportation requirements.
(8)
Minimum radius. The minimum radius of curvature for any
street shall be 75 feet.
(9)
Alignment. Roadways shall be laid out so as to intersect
as nearly as possible at right angles, and in no case shall any angle or intersection
be less than 75°. Roadways in four-way intersections shall be directly
across from one another or offset a minimum of 125 feet.
(10)
Roadways. Roadway or driveway pavement shall be located
in the center of the roadway clear zone and shall be at least 20 feet wide.
If parking provision is made within the roadway clear zone, such parking shall
be off the pavement and the clear zone shall be increased accordingly.
(11)
Parking. Two parking spaces shall be provided for each
mobile home lot to meet the needs of occupants of the mobile home park and
their guests without interference with normal movement of vehicular or pedestrian
traffic. Such parking may be in tandem. Each parking space shall have minimum
dimensions of at least 10 feet by 20 feet per vehicle and shall have an all-weather
surfacing or alternate acceptable to the Planning Board.
(12)
Auxiliary parking. Designated auxiliary parking areas
for motor vehicles shall be provided at a ratio of one parking space to every
five mobile home units. Additional auxiliary parking areas are to be provided
for parking of maintenance equipment, boat trailers, utility trailers and
similar such equipment and vehicles.
(13)
Mobile home lot size. All lots shall be a minimum of
6,000 square feet and shall have a minimum dimension of 60 feet across the
lot. The absolute minimum measurement in any one direction shall not be less
than 50 feet.
(14)
Walkways. Walkways shall be laid out so as to connect
service buildings, dry yards and storage lockers with roadways. Walkways shall
also provide access to recreation areas if such areas are not located adjacent
to a road. Each roadway shall have a walkway running parallel to it, separated
from the roadway by a minimum distance of seven feet. Additional walkways
may also be placed along the rear of each lot. All walkways shall be a minimum
of three feet wide and thickness of four inches and shall be provided with
joints so designed as to minimize cracking. All walkways shall be made of
concrete, blacktop or other similar material approved and acceptable to the
Planning Board. If requested, the Planning Board may waive this walkway subsection
after due consideration in each case.
(15)
Recreation areas. Recreation areas shall be provided
in central locations at an amount equal to 10% of the total park area. Recreation
areas should be harmonious with the needs and age group of the park and need
not necessarily include equipment for recreation. Recreation areas must be
reviewed with the Planning Board and meet with Planning Board approval.
(16)
Mailboxes. Mailboxes shall be located in compliance with
United States Postal Service regulations and shall not be placed in any location
where they constitute a safety hazard to pedestrians or to vehicles.
(17)
Trees. All existing trees shall be preserved insofar
as possible in the design of the park.
D.
Siting of mobile homes. Mobile homes shall be situated
within the mobile home park in conformance with the following:
(1)
The following minimum distances shall be maintained when
providing specific locations of mobile homes as related to each other within
the park.
(2)
In cases of irregularly shaped lots the Planning Board
shall determine the application of the above-listed provisions, but in no
case shall any two mobile homes be closer than 20 feet to one another.
(3)
No mobile home shall be located less than 50 feet from
any service building.
(4)
The minimum setback from the roadway line (clear zone
rather than pavement) shall be 15 feet. The minimum setback from all interior
lot lines shall be five feet.
(5)
The percent of lot coverage for an individual mobile
home lot shall be no greater than 25%.
(6)
Regarding guests of park residents, no occupied travel
or vacation trailers or other form of temporary living units shall be permitted
in the mobile home park without the park owner's permission.
E.
Required improvements.
(1)
Water and sewage systems. Water supply and sewage treatment
facilities shall be installed and maintained in compliance with the requirements
of the New York State Health Department, Department of Environmental Conservation
and the Genesee County Health Department.
(2)
Underground utilities. Electrical systems, gas piping
systems, cable and telephone wires shall be maintained in compliance with
the New York State Uniform Code.
(3)
Artificial lighting.
(a)
Artificial lighting shall be provided from dusk to dawn
to illuminate walks, driveways, roadways and parking spaces for the movement
of pedestrians and vehicles. Specifically, roadway lighting standards shall
be provided as follows: overhead roadway lighting standards shall be placed
no farther than 100 feet apart, have a minimum clearance above the pavement
of 12 feet and have a minimum capacity of 100 watts.
(4)
Refuse disposal. It shall be the responsibility of the
park owner to ensure that garbage and rubbish shall be collected and properly
disposed of outside the park as frequently as may be necessary to ensure that
garbage receptacles do not overflow. The responsibility shall include either
the provision of garbage cans with tight-fitting covers to each unit or dumpsters
which service a number of units. Exterior property areas shall be maintained
free from organic and inorganic material that might become a health, incident
or fire hazard. Suitable screening shall be provided for all community refuse
(dumpster) areas.
(5)
Roadway paving. All roadways within the park shall be
paved for a minimum width of 20 feet in accordance with specifications approved
by the Town of Batavia Highway Superintendent.
(6)
Parking area paving. Areas for motor vehicle parking
and access driveways shall be surfaced with asphalt, concrete or other surface
in specifications approved by the Planning Board.
(7)
Mobile home lot. Each mobile home lot shall contain a
mobile home stand to provide adequate support for the placement and tie-down
of the mobile home. The stand shall not heave, shift, or settle unevenly under
the weight of the mobile home or other such forces. The material used in constructing
the stand should be durable and capable of supporting the expected load regardless
of the weather and shall be constructed in compliance with the New York State
Uniform Code. In addition, the footings and the load-carrying portion of the
ground anchors shall extend below the frost line, 42 inches minimum.
(8)
Patios, decks, garages, awnings, and outbuildings. Mobile
home lots may be provided with any of the above mentioned. If installed each
must conform to distance separations, lot setbacks and percent of lot coverage
requirements. A permission letter must be secured from the park owner before
any of the above structures are built, and a town building permit is mandatory.
(9)
Stormwater drainage. Mobile home parks shall have adequate
facilities for drainage of surface and subsurface water. The entire mobile
home park shall be graded to facilitate the safe and efficient drainage of
surface water and permit no ponding areas where water will stand for lengths
of time so as to constitute a health or other hazard. Drainage ditches shall
be provided where necessary to provide for the removal of surface drainage.
Such ditches shall be provided in such a way as not to constitute a hazard
to pedestrians. Gutters, culverts, catch basins, drain inlets, stormwater
sewers or other satisfactory drainage systems shall be utilized where deemed
necessary and shall be acceptable for a size specified by the Town of Batavia
Highway Superintendent.
(10)
Landscaping. Trees such as poplars, silver or soft maples,
box elders, catalpas, and horse chestnuts shall not be planted. The planting
of elms is not recommended. Shade trees are recommended in the buffer area
between the public highway and the adjacent mobile home lots. Due regard should
be had to the obstructive qualities of limbs and branches along mobile home
movement and access ways. Landscaping shall be optional to the owner/developer
with agreement and approval of the Planning Board.
F.
Mobile home park owner obligations. In general, mobile
home parks shall be properly maintained so as to ensure the desirable residential
character of the property. Specifically, the following shall apply:
(1)
Yard maintenance. Mobile home parks shall be maintained
reasonably free from holes and excavations, sharp protrusions and other objects
or conditions which might be a potential cause of personal injury. Walks,
steps, driveways, and roadways that contain holes or tripping hazards shall
be filled, repaired or replaced as the need indicates. Trees or limbs of trees
that constitute a hazard shall be removed. Snow removal is the responsibility
of the mobile home park operator or owner. (This includes roads and common
areas.)
(2)
Noxious weeds. Open areas shall be maintained free of
heavy undergrowth of any description.
(3)
Accessory structures (owned by park owner). All accessory
buildings or structures shall be kept in good repair, free from health, fire
and accident hazards. They shall be of durable construction and appropriate
for intended use and location. The exterior wood surface of all structures
that are not inherently resistant to deterioration shall be periodically treated
with a protective coating or paint or other suitable preservative.
(4)
Gravel areas. All areas surfaced with gravel shall be
kept clear of all forms of vegetation and treated properly to eliminate any
dust problems.
(5)
Infestation. Grounds and structures shall be maintained
free of insect, vermin and rodent harborage and infestation. Methods used
for purposes of extermination shall conform to generally accepted practice.
(6)
Skirts. Skirts for individual mobile homes are required
and shall conform to the New York State Uniform Code. Such skirting shall
be installed within 30 days of installation of the mobile home and must be
maintained, mobile home owner's responsibility.
It shall be the duty of each mobile home park owner/operator to keep
a register containing a record of all mobile home owners and occupants located
within the park. This register shall contain the information listed below.
A copy of the below information shall be filed annually with the Batavia Town
Clerk on or before January 15 each year. (This shall apply to all parks, including
those which exist at the time this chapter is enacted.)
