[HISTORY: Adopted by the Town Board of the
Town of Bethel as Ch. 52 of the 1979 Code (Ch. 87 of the 1990 Code).
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person licensed to establish, construct, operate and
maintain a mobile home park under the provisions of this chapter.
A movable or portable dwelling not less than 12 feet in width
nor 50 feet in length, built on a chassis, designed for long-term
occupancy and containing a flush toilet, a tub or shower and bath
and kitchen facilities and equipped with water supply, electrical
supply and sewage disposal connected to outside systems.
Any plot of ground upon which two or more mobile homes, spaced
less than 500 feet apart and occupied for dwelling or sleeping purposes,
are located, regardless of whether or not a charge is made for such
accommodation.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home and the exclusive use of its occupants.
That part of an individual space which has been reserved
for the placement of the mobile home, appurtenant structures or additions.
A mobile home park.
Any person to whom a temporary permit is issued to maintain
or operate a mobile home park under the provisions of this chapter.
Any natural individual, firm, trust, partnership, association
or corporation.
A vehicular portable structure, built on a chassis, designed
to be used as a temporary residence for travel, recreational and vacation
use, having a body width not exceeding eight feet and being of any
length, provided that its gross weight does not exceed 4,500 pounds.
A travel trailer having sleeping and kitchen facilities but
without full bathroom equipment, a holding tank and provision for
attachment to a sewer connection.
A travel trailer having sleeping, kitchen and full bathroom
equipment with a holding tank and provision for attachment to a sewer
connection.
It shall be unlawful for any person to establish,
maintain, operate or conduct within the Town of Bethel a mobile home
park unless duly licensed to do so as hereinafter provided and in
strict compliance with this chapter and all other provisions of law
and ordinances applicable thereto, except that the maintenance or
operation of a mobile home park in existence on the effective date
of this chapter may be continued under a temporary permit for such
period of time and under such conditions as are hereinafter prescribed.
A.
A temporary permit, upon written request therefor,
shall be issued by the Code Enforcement Officer for every mobile home
park in existence upon the effective date of this chapter, permitting
the park to be maintained and operated during the period ending 180
days after the effective date of this chapter, without being subject
to the provisions of this chapter, except such of the provisions as
are made expressly applicable to permittees.
B.
The term of the temporary permit shall be extended,
upon written request, for not to exceed one additional period of 180
days, if:
(1)
The permittee shall have filed an application for a license in conformity with § 214-3 of this chapter within 90 days after the effective date of this chapter.
(2)
The permittee is of good moral character, and the
park plans and specifications accompanying the application for license
comply with all provisions of this chapter and all other applicable
ordinances and statutes.
(3)
The permittee shall have diligently endeavored to
make the existing park conform fully to the plans and specifications
submitted with the application.
(4)
Failure to make the existing park conform fully to
such plans and specifications shall have been due to causes beyond
the control of the permittee.
A.
An application for a license, provided for under § 214-2, shall be made to the Code Enforcement Officer upon a form to be furnished by him.
(1)
Said application shall state or be accompanied by:
(a)
The name and address of the owner of the premises.
(b)
The name and address of the applicant and the
nature and extent of his interest in the business for which a license
is desired.
(c)
The location and plot plan of the mobile home
park and the number of units to be provided for therein.
(d)
Detailed plans and specifications of all buildings;
structures; plumbing, sewer and drainage systems; and lighting.
(e)
Any other information required by the Code Enforcement
Officer.
(2)
The application and all accompanying plans and specifications
shall be filed in triplicate.
B.
Such application shall be accompanied by a fee as
set forth in the most current fee schedule of the Town. This fee shall
cover the cost of the required investigation. If a license is subsequently
issued, said fees shall be applied against the license fee; but in
the event that a license is not issued, such investigation fee shall
be retained by the Town.
[Amended 8-18-1990 by L.L. No. 2-1990]
C.
Upon application in writing by a licensee for renewal
of a license and upon payment of the annual license fee, the Code
Enforcement Officer shall issue a certificate renewing such license
for another year.
D.
Upon application in writing for transfer of a license
and payment of the transfer fee, the Code Enforcement Officer shall
issue a transfer if the transferee is of good moral character.
A.
The Code Enforcement Officer shall examine and investigate
the statements contained in such application, together with the plans
and specifications. He shall refer such application to the New York
State Department of Health and may adopt any or all of its suggestions
for a report of his recommendations, which he shall make to the Planning
Board.
B.
No person shall maintain or operate a mobile home
court which falls within the purview of Chapter VII of the New York
State Sanitary Code without first having obtained a permit from the
State Department of Health.
C.
The Planning Board shall consider the report of the
Code Enforcement Officer and shall for that purpose hold a public
hearing upon notice prescribed by said Board upon such application
and shall determine whether the proposed mobile home park or camp
or automobile tourist park or camp complies with this chapter.
A.
Fees.
[Amended 8-18-1990 by L.L. No. 2-1990]
(1)
If such application is acted upon favorably by the
Planning Board, it shall direct the Code Enforcement Officer to issue
a license to the applicant upon the payment of a fee as set forth
in the most current fee schedule of the Town.
(2)
The fee for transfer of a license shall be as set
forth in the most current fee schedule of the Town.
B.
Each license shall be for a period extending from
the date of its issuance to the next succeeding year; and the fee
for such license shall not be prorated for any lesser period than
one year. Such license shall always be on display in the office of
the tourist park or camp or automobile tourist park or camp.
A.
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, health, water supply 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 the more restrictive or which establishes the higher standard shall
prevail.
B.
Installations, alterations and repairs to mobile homes
and mobile home courts, and materials, assemblies and equipment utilized
in connection therewith, shall be reasonably safe to persons and property
and shall comply with applicable statutes of the State of New York
and orders, rules and regulations issued by authority thereof.
C.
Except as otherwise provided in this chapter, conformity
of installations, alterations and repairs of mobile home court buildings
and their accessory structures, and of materials, assemblies and equipment
utilized in connection with such buildings and structures, with the
applicable requirements of the New York State Uniform Fire Prevention
and Building Code shall be prima facie evidence that such work, material,
assembly or equipment is reasonably safe to persons and property.
[Amended 8-18-1990 by L.L. No. 2-1990]
The mobile home park shall conform to the following
requirements:
A.
The park shall be located on a well-drained site,
properly graded to ensure rapid drainage and free from stagnant pools
of water.
B.
Each park shall provide mobile home spaces, and each
space shall be clearly defined by permanent flush stakes, markers
or other suitable means. Mobile home space requirements are as follows:
(1)
Each mobile home space shall be furnished with a mobile
home stand which meets the following requirements:
(a)
A concrete slab enforced with wire mesh to a
thickness of six inches and should be of sufficient size for the trailer
to set on;
(b)
A six-inch base of No. 3 stone with necessary
supporting piers on concrete footings sized two feet by two feet by
eight inches or 10 inches thick, with necessary reinforcements; or
(c)
Any other slab or support method that meets
with the approval of the Code Enforcement Officer shall be considered
when attested to by a licensed professional engineer or architect.
(2)
A tie-down system sufficient to withstand wind loads
encountered in the area shall be furnished for each site and the adequacy
of the system attested to by a licensed engineer. All mobile homes
shall, when located on their respective sites, be skirted with suitable
rustproof material. All tie-down systems shall meet the requirements
of the State Uniform Fire Prevention and Building Code.
[Amended 8-18-1990 by L.L. No. 2-1990]
(3)
The ground around the perimeter of the support slab
or support system shall be pitched away from the trailer at a grade
of 3/4 inch per foot for approximately five feet.
C.
The average area per space in a mobile home park shall
not be less than the lot area required per family in that zoning district
in which the mobile home park is located.
D.
An applicant for a mobile home park containing 50 or more spaces and providing central water and sewerage systems may apply to the Planning Board for a cluster subdivision. The mobile home park will then conform to the residential cluster development requirements for the RS Zoning District stated in Chapter 345, Zoning.[1]
E.
Mobile homes shall be so located on each space that
there shall be at least a fifteen-foot clearance between mobile home
stands; provided, however, that with respect to mobile homes parked
end-to-end, the end-to-end clearance may be less than 15 feet but
shall not be less than 10 feet.
F.
The distance from the line or corner of any mobile
home stand to a boundary line of the mobile home court shall be adequate
to protect the residential use in the court and in any case shall
be not less than the following:
(1)
When the adjoining land use, existing or permitted,
is another residential use or is a minor or collector street, there
shall be a minimum distance of 15 feet.
(2)
When the adjoining land use is an arterial street
or a nonresidential use, special protection shall be provided by walls
or solid or louvered fencing, with appropriate planting, at a minimum
distance of 25 feet from the mobile home stand.
(3)
The distance from the line or corner of any mobile
home stand to any stand on the opposite side of the street shall be
36 feet.
(4)
The distance from the line or corner of the mobile
home stand to a street pavement, a common parking area, a common walk
or other common area shall be a minimum of eight feet.
G.
All entrances and exits from any park shall be well
marked and so arranged as not to constitute a traffic hazard. The
street system shall provide convenient circulation by means of minor
streets and properly located collector streets. All streets shall
be paved with an impervious, all-weather surfacing and of the following
widths:
H.
All mobile home spaces shall abut upon a driveway
of not less than 22 feet in width.
I.
Car parking spaces shall be provided in sufficient
number to meet the needs of the occupants of the property and their
guests without interfering with the normal movement of traffic. Such
facilities shall be provided at the rate of at least two off-street
car spaces for each mobile home space plus an additional car space
for each four lots to provide for guest parking and for delivery and
service vehicles.
J.
Walkways not less than three feet wide shall be provided
from mobile home stands to paved streets and to service buildings.
K.
All driveways and walkways within the park shall be
hard-surfaced and lighted at night with electric bulbs of not less
than 40 watts each, spaced at intervals of not more than 100 feet.
L.
An electrical outlet supplying a three-wire connection
of at least 110-120/220-240 volts and 100 amperes shall be provided
for each mobile home space.
M.
Soil characteristics, groundwater level, drainage
and topography of the site shall not generate hazards to the health
or safety of mobile home park occupants. No portion of the site shall
be subject to flooding, subsidence or erosion or be exposed to objectionable
smoke, noise or other adverse influences. The findings of the Soil
Conservation Service with respect to the quality of natural conditions
shall govern.
N.
Exposed ground surfaces in all parts of every mobile
home space will be dustproof. They may be covered with stone screenings,
other solid materials or a vegetative growth that is capable of preventing
soil erosion and of eliminating objectionable dust.
O.
All service buildings and the grounds of the park
shall be maintained in a clean, sightly condition and kept free of
any condition that will menace the health of any occupant or the public,
constitute a nuisance or otherwise deviate from the requirements of
Part 7, Chapter I, of the State Sanitary Code.
P.
Bonuses. Where an improved site plan or better facilities
for a mobile home park containing 50 or more spaces are provided in
accordance with this section, the required site area may be reduced
as follows:
A.
A sufficient supply of potable water for drinking
and domestic purposes shall be supplied under adequate pressure to
outlets servicing mobile homes, service buildings, drinking fountains,
hose connections, hydrants, etc. Each mobile home space shall be provided
with a cold water tap at least four inches above the ground.
B.
Water supply connections shall be located a safe distance
from sanitary drainage connections and shall not be subject to surface
drainage. Means shall be provided for a suitable watertight connection,
without cross connection and danger of freezing.
C.
An adequate supply of hot water shall be provided
at all times in the service buildings for all bathing, washing and
cleansing facilities.
D.
Only a public water supply or other supply approved
by the state or county health department having jurisdiction shall
be used. If a private water supply is used, arrangements must be made
for a monthly bacteriological analysis, at the expense of the licensee,
by a laboratory approved by the state or county health department
having jurisdiction and a report thereof filed within 24 hours of
completion of analysis.
A.
Waste from the plumbing of a mobile home will be discharged
into a sewerage system in compliance with applicable regulations and
procedures of the State Department of Environmental Conservation or
into a septic tank system in compliance with the procedures and regulations
of the State Department of Health.
B.
No sewage from a plumbing system shall be disposed
of into the waters of the State of New York, except where specially
approved by the authority having jurisdiction, in accordance with
Article 17 of the New York State Environmental Conservation Law.
C.
Where a public sewage disposal system is not available,
an adequate private sewage disposal system, approved by the state,
county or city health department having jurisdiction, shall be provided.
D.
Each mobile home space shall be provided with a sewer
at least four inches in diameter, which shall be connected to receive
the waste from the shower, bathtub, flush toilet, lavatory and kitchen
sink of the mobile home harbored in such space and having any or all
of such facilities. The sewer in each space shall be connected to
discharge the mobile home waste into a public sewer system in compliance
with applicable ordinances or into a private sewer and disposal plant
or septic tank system of such construction and in such manner as will
present no health hazard. No dry or chemical toilet shall be used
within the Town, and all mobile home toilets, unless sewer-connected,
shall be sealed while transiently parked within the Town limits. Disposal
of chemical toilet waste to septic tanks will affect the septic action
and seriously damage the system, and such disposal is therefore prohibited.
A.
Metal garbage cans with tight-fitting covers shall
be provided in quantities adequate to permit disposal of all garbage
and rubbish. Garbage cans shall be located not farther than 300 feet
from any mobile home space. The cans shall be kept in sanitary condition
at all times. Garbage and rubbish shall be collected and disposed
of as frequently as may be necessary. At least one receptacle shall
be provided for every unit or part thereof.
B.
As an alternative to providing separate garbage cans
for each mobile home unit, metal dumpsters or similar devices, with
securely fitting metal covers, may be supplied, provided that they
are approved by the Code Enforcement Officer and are kept in a sanitary
condition at all times.
Every park shall be equipped at all times with
fire extinguishing equipment in good working order, of such type,
size and number and so located within the park as to satisfy applicable
reasonable regulations of the Fire Department. No open fires shall
be permitted at any place which may endanger life or property. No
fires shall be left unattended at any time.
No owner or person in charge of any dog, cat
or other pet animal shall permit it to run at large or commit any
nuisance within the limits of any mobile home park.
No mobile home of less than 12 feet in width
and no occupied travel trailer or other form of temporary-type living
units shall be permitted in a mobile home park.
A.
The licensee or permittee, or a duly authorized attendant
or caretaker, shall be in charge at all times to keep the mobile home
park, its facilities and equipment in a clean, orderly and sanitary
condition. The attendant or caretaker shall be answerable, with the
licensee or permittee, for the violation of any provision of this
chapter to which the licensee or permittee is subject. It shall be
the duty of the licensee of any such park:
(1)
To provide for the collection and removal of garbage
and any other waste material.
(2)
To prohibit the placing or storage of unsightly materials
or vehicles of any kind.
(3)
To provide for cleaning, painting, repairing and disinfecting
of all buildings.
(4)
To take such other measures which shall be deemed
necessary by the Sullivan County Department of Health and the Code
Enforcement Officer to preserve the health, comfort and safety of
all persons accommodated in the park and of the general public.
(5)
To report to the Sullivan County Department of Health
all cases of communicable diseases or suspected cases of communicable
diseases affecting any inmate of the park.
(6)
To prevent the committing of any nuisance on the park
premises and to report immediately to the proper authorities all acts
of a disorderly character committed by any person or persons inside
of the park and, to that end, to maintain proper policing thereof.
(7)
When the park is not under full public fire protection
of the Town, to provide adequate protection by a standard system of
yard hydrants and hose houses, or a standard compliment of extinguishers
on wheels so located that all mobile homes shall be within 300 feet
of an extinguisher; in either case supplemented by an adequate supply
of such first-aid hand fire extinguishers suitable for use on flammable
liquid fires as may be required by the size of the park.
(8)
To provide at least one standard fire alarm box, depending
upon the size of the park, connected with the Town fire alarm system,
or, in the absence of such system, suitable telephone facilities accessible
at all times.
(9)
To provide standard watchmen and clock supervision
when the park is not under police protection.
(10)
To provide underground storage and handling
of gasoline.
(11)
To comply with the National Electrical Code
with respect to electric wiring and equipment. The park operator shall
provide at each unit a means for connecting the mobile home frame
grounding terminal to an effective ground when outside current is
provided.
B.
The word "standard" as used herein refers to equipment,
systems or modes of installation in compliance with the applicable
regulations of the National Fire Protection Association.
The Code Enforcement Officer may revoke any
license to maintain and operate a park when the licensee has been
found guilty by a court of competent jurisdiction of violating any
provision of this chapter. After such conviction, the license shall
be reissued if the circumstances leading to conviction have been remedied
and the park is being maintained and operated in full compliance with
law.
The license certificate or temporary permit
shall be conspicuously posted in the office of or on the premises
of the mobile home park at all times.
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
