A.
This article shall apply to all manufactured homes
(MHs) which are occupied as dwelling units or are proposed to be occupied
as dwelling units within the Town of Colonie's geographic limits outside
the Village of Colonie and the Village of Menands (hereinafter referred
to as "Town") on or after the effective date of this article.
B.
This article shall not apply to MHs being used only
for office purposes or which are being displayed for sale as part
of a manufactured home sales business.
Requirements applicable to manufactured homes
and manufactured home parks.
A.
Permits required. No new MHP may be developed or sited
within the Town without obtaining necessary permits.
B.
Location in manufactured home park required. No MH
shall be located within the Town on or after the effective date of
this article unless either the MH unit is located within an MHP and
that MHP is operating consistent with the provisions of this article
or the MH unit is located pursuant to this article.
C.
Standards for manufactured home park development.
No new MHP may be developed within the Town unless it shall conform
to the following standards.
(1)
Permitted uses. The uses within any MHP are
to be determined by the provisions of this section, as well as the
conditions of the approval of any specific MHP project. The only permitted
uses within an MHP shall be:
(2)
General requirements.
(a)
The MHP shall conform in all respects to applicable
provisions of this chapter.
(b)
The MHP shall conform to the Town Official Highway
Map and to any comprehensive planning document or map as may be prepared
at the direction of the Town Board.
(c)
All MH lots shall be laid out to provide sufficient
buildable area.
(d)
In accordance with the State of New York Town
Law, each MH lot shall have direct frontage of at least 15 feet on
a public highway and provision for direct vehicular access to said
highway.
(e)
As far as is practical, natural features of
the property to be developed shall be preserved and enhanced.
(f)
Adequate buffering shall be established to mitigate
the impacts of visual and noise pollution to the satisfaction of the
Planning Board.
(g)
All lots shall be graded to provide positive
drainage of surface water from all points on the lot to a stormwater
disposal system or drainage channel. The elevation at any opening
into a habitable building shall be raised at least 18 inches from
the elevation of the point of inlet to the storm system, and a minimum
slope of 1% shall be maintained between the opening and the point
of inlet.
(h)
The applicant shall comply with all applicable
federal, state and local laws, rules and regulations, including but
not limited to the State Environmental Quality Review Act (SEQR),
freshwater wetlands permit regulations, the grading, watercourse area
management and floodplains management provisions contained herein,
and all other provisions of this article.
(i)
All restrictive covenants proposed by the applicant
shall be submitted to the Planning Board for the Board's information.
(k)
All water and sanitary sewer lines shall be
designed and installed in accordance with the Latham Water District
Standard Specifications for Water Distribution Systems and the rules
and regulations of the Pure Waters Department, respectively.
(l)
All streets shall be deeded in fee to the Town
of Colonie.
(m)
All streets shall be laid out to provide a convenient
system of traffic flow, without causing undue hardship to adjoining
properties. The street layout shall provide for the extension of existing
major streets and future access to adjoining undeveloped lands.
(n)
Lots adjacent to a major street shall be laid
out to avoid adverse effects due to traffic on the street. Protective
measures may include the provision of marginal access streets, driveway
backarounds or creation of deep lots with buffer strips.
(o)
Streets and lots should be laid out with consideration
to existing topography to minimize clearing and grading and to obtain
building sites at or above street grade where possible.
(p)
Blocks shall be laid out to avoid long or short
street runs which might hamper convenient traffic flow or emergency
access.
(3)
Minimum area. The minimum area requirements
for consideration for an MHP shall be five contiguous acres of land.
(4)
Ownership. The tract of land under application
for consideration for an MHP shall, upon approval for development
as an MHP, be owned or leased by a single person or entity or group.
An application must be filed by the owner or jointly by the owners,
or their agent(s), of all property included in the project.
(5)
Minimum number of units constituting an MHP.
No MHP shall be approved for less than 10 MH units.
(7)
Buffer areas. Each MHP shall contain an area
around its perimeter at least 25 feet in width, which shall not be
built upon or used for parking and which shall not be included within
any area designated as an MH lot.
(8)
Utilities.
(a)
No MHP may be developed unless it is connected
to public sewers and public water.
(b)
All utilities must be placed underground, including
telecommunications.
(c)
Any device, such as communication dishes, shall
be landscaped in such a manner as to screen such devices.
(d)
No antennas may exceed 40 feet in height measured
from the ground after the device has been mounted.
(e)
Every MH lot shall have its utility connections
designed to have the shutoff connections near the street curb and
not under or at the MH unit or at the rear of the lot.
(9)
Refuse disposal and laundry. Centralized refuse
collection and laundry facility areas shall not be permitted within
MHPs.
(10)
Height limitations. No MH unit in an MHP shall
exceed 20 feet in height.
(11)
Stacking. No MH shall be placed or constructed
above another MH unit.
(13)
Miscellaneous amenities; playgrounds. Each MHP
shall provide such recreational space for its inhabitants as may be
required by the Planning Board.
(15)
Snow removal. Each MHP must contain an area
or areas set aside for the disposal of snow during snow removal operations.
(16)
Architectural review control. Review and control
of the architecture is hereby reserved to the Planning Board for each
MH unit and all MHPs.
(17)
Manufactured home lot. Each MH unit located
within an MHP shall be placed on its own MH lot, which lot shall comply
with the following:
(a)
Each MH lot must be surveyed and have a metes
and bounds description developed for identification of the lot.
(d)
No MH lot shall be developed in such a manner
as to:
[1]
Have any paved surface within 10
feet of the front yard with the exception of the driveway.
[2]
Have any pavement within 10 feet
of the side yard lot lines.
[3]
Contain less than 60% green space.
[4]
Have hard surface areas, including
pavement, patios and all structure foundations, in excess of 40% of
its total lot area.
[5]
Contain any accessory structure
not built on a concrete pad and which is less than 50 square feet
in size.
[6]
Contain any structure for which
a permit has not been obtained from the Town of Colonie Building Department.
(e)
No MH unit shall be placed or maintained in
any new MHP developed under the provisions of this article unless
said unit:
[1]
Does not exceed 20 feet in height
measured from grade level.
[2]
If reasonably possible, has the
drawbar and running lights removed.
[3]
Is installed upon a foundation
provided to support the MH unit, which foundation shall be constructed
to a depth of a minimum of 42 inches below grade.
[4]
Is skirted with material and in
a manner approved by the Planning Board.
[5]
Is anchored as required by the
New York State Uniform Fire Prevention and Building Code.
[6]
Is connected to public sewers and
water.
[7]
Has the location and quality of
its utility connections and their shutoffs approved.
[8]
Contains, at a minimum, a kitchen
and a bathroom as defined by the New York State Uniform Fire Prevention
and Building Code.
[9]
Displays the manufacturer's certification
label as required by federal regulation.
[10]
Complies with the provisions of
1OA NYCRR 17 and the New York State Uniform Fire Prevention and Building
Code.
[11]
Contains a minimum of 500 square
feet of living area.
[12]
Has any fuel-oil tanks buried
and any propane tanks landscaped, screened or placed in a wooden shed.
[13]
Has received a Town of Colonie
Building Department permit for any proposed additions to said MH unit
and said additions are constructed consistent with the provisions
of said permit. No living area additions or structural modifications
which are likely to preclude the MH unit from maintaining its mobile
nature or which may affect the structural integrity of the MH unit
shall be permitted.
A.
Procedural requirements for obtaining approval to
establish a manufactured home park.
(1)
Must comply with the requirements of this section.
Any person or entity wishing to establish an MHP in the Town on or
after the effective date of this article must comply with the requirements
of this section.
(2)
Stages of the approval process. The basic stages
of the approval process are as follows:
(a)
Obtaining an approved zoning verification from
the Town Building Department.
(b)
Submittal to the Planning and Economic Development
Department by the interested party(s) of the required MHP application
forms and fees.
(c)
Obtaining from the Planning Board concept site
design approval in accordance with the major site plan review procedure
as set forth in this chapter.
(d)
Obtaining from the Planning Board final site
design approval in accordance with the major site plan review procedure
as set forth in this chapter.
(e)
Obtaining from the PEDD an MHP development permit.
(f)
Obtaining from the PEDD an MHP completion certificate.
(g)
Obtaining from the Building Department a building
permit to erect an MH on an MHP lot.
(h)
Obtaining from the Building Department a certificate
of occupancy for each MH unit erected in the subject MHP.
(3)
Submittal of an MHP application. The procedure
and submittal requirements for a manufactured home park site approval
shall be as set forth in the major site plan review provisions of
this chapter, with the following additional provisions.
(a)
Concept plan submittal.
[1]
The Planning Board may, at its discretion, require
the submission of such additional information or reports as it deems
necessary to conduct its review.
[2]
The Planning Board may, at its discretion, require
that provision be made for public amenities as a condition of its
approval. Such amenities shall be installed prior to issuance of an
MHP completion certificate.
[3]
A minimum of two two-and-one-half-inch caliper
shade trees shall be planted or preserved in the front yard of each
lot and three in each MHP cul-de-sac island, unless waived by the
Planning Board.
[4]
Every MH lot shall have a conduit for cable
television lines installed across the entrance to any driveway or
other pavement built on the lot in the proposed location of the cable
television line at a minimum depth of 12 inches below finished grade.
Said conduit shall be installed by the applicant for the building
permit or his agent prior to paving of the driveway.
(b)
Final plan submittal.
[1]
Prior to granting conditional or final site
design approval, the Planning Board may permit or require the MHP
to be divided into two or more sections. Conditional or final site
design approval of the sections shall be granted concurrently with
conditional or final site design approval of the MHP. In the event
that any proposal is sectioned, then a complete final plan must be
proposed for each section.
[2]
The applicant shall have the plans approved
by the Albany County Department of Health and shall return the plans
to the PEDD with the County Health Department's stamp of approval.
[3]
The plans shall be stamped and signed by an
authorized agent of the Planning Board, the date of signing noted
and copies filed with appropriate Town departments.
[4]
Additional final site plan submission requirements:
[a]
Affidavit by applicant stating
that it has searched or caused to be searched all available public
records and that the names of all property owners shown on the map
are correct as of the date of the map.
[b]
Affidavit by surveyor stating that
he or she has searched all available public records and that the limits
and owners of all properties shown on the map are correct as of the
date of the map.
[c]
A copy of any MHP rules and regulations
proposed by the applicant.
[d]
Preliminary deeds to all proposed
streets and easements.
[5]
Additional final site plan content:
[a]
Lot areas in square feet.
[b]
Typical lot layout, including required
setback dimensions, parking layout, utility connections, accessory
structure location, fuel storage tanks and waste receptacles.
[c]
Building setback line.
[d]
Exact layout and dimensions of
proposed streets.
[e]
Standard notes enumerated in the
Town Highway Law.
[f]
A six-by-six-inch block for the
Albany County Health Department approval stamp.
[h]
Phasing boundaries and details,
if applicable.
B.
Obtaining an MHP development permit.
(1)
An applicant who has obtained a final site plan
approval for an MHP from the Planning Board may proceed with obtaining
from the PEDD an MHP development permit which authorizes the applicant
to commence actual physical development of its subject MHP in accordance
with the final site plan approval for said MHP issued by the Planning
Board.
(2)
Limitations of MHP development permits. Any
MHP development permits issued shall be issued with the following
limitations:
(a)
No construction permitted of any foundation
or MH unit supports.
(b)
A building permit must be obtained. A building
permit must be obtained from the Town's Building Department for construction
of any structure, and the structure must be part of the approved final
site design plan.
(c)
All development prerequisites must be fulfilled.
All development prerequisites, such as escrow deposits and escrow
agreements, must be satisfactorily fulfilled prior to any construction.
(d)
Applicant responsible for keeping existing public
highways and adjacent lands free of debris. During development, the
applicant shall be responsible for keeping existing public highways
and adjacent lands free of debris, soil and other matter that may
accumulate due to construction related to the MHP.
(e)
Applicant bears responsibility for ensuring
that all improvements are completed in accordance with approved plans.
The applicant shall bear the sole responsibility for ensuring that
all improvements are completed in accordance with approved plans,
specifications and standards and, upon completion of said improvements,
shall file a certificate of completion with the PEDD.
(f)
Town's Construction Inspector as Planning Board's
agent. The Planning Board may request that the Town's Construction
Inspector act as its agent for the purpose of assuring satisfactory
completion of required improvements in addition to those included
in the Inspector's responsibilities pursuant to the Town Highway Law.
The costs of required inspections shall be borne by the applicant
and shall be paid as described in the Highway Law.[2]
(g)
Filing a record map with the PEDD. The applicant
shall, upon completion of construction, file a record map with the
PEDD showing as-built locations within six inches of all paving, drainage
facilities, sanitary sewer lines, water distribution lines, gas, electric,
telephone and cable services.
C.
Obtaining an MHP completion certificate. At such time
as the applicant has completed, in accordance with the applicable
standards, all development and construction contained on the approved
final site design plan for the subject MHP, except for construction
of the individual MH unit foundations or supports, the applicant may
proceed with obtaining an MHP development completion certificate from
the PEDD. Said certificate authorizes the applicant to apply for building
permits for construction of the individual MH unit foundation(s) and
thereafter the installation of individual MH unit(s).
D.
Obtaining a building permit for erection of any MH
on an MH lot. A building permit shall be required for the installation
of each MH to be installed in the MHP as well as every MH unit that
may be relocated within said MHP. A building permit application reflecting
compliance with the New York State Uniform Fire Prevention and Building
Code and sections of this article must be submitted to the Building
Department on the forms provided by the Town therefor.
E.
Certificate of occupancy for any manufactured home.
(1)
Upon obtaining from the Building Department
notice that the MH unit foundation and installation have passed its
inspection, the applicant may proceed with obtaining a certificate
of occupancy from the Building Department, and only then may said
MH unit be used as a dwelling unit.
(2)
An individual certificate of occupancy must
be obtained for each and every MH unit placed or relocated in the
MHP.
A.
Every owner/operator of an addition or expansion to
a valid nonconforming MHP or a new MHP approved pursuant to this article
shall make application to the Building Department biannually on or
before the 30th day of January for an MHP compliance certificate,
which certificate certifies that the subject addition, expansion or
new MHP is in compliance with all the applicable provisions of this
article.
B.
An inspection or inspections shall be made of each
said addition, expansion or new MHP by representatives of the Building
Department, Fire Prevention and Investigation Department and the PEDD
to ascertain said compliance.
C.
An MHP compliance certificate must be obtained for
each said addition, expansion or new MHP, and said certificate must
be posted in the applicable MHP office for public inspection.
D.
Within 90 days of receipt of a completed application,
the Building Department shall either issue a certificate of compliance
or notify the applicant in writing that its addition, expansion or
new MHP is not in compliance with this article and the basis for said
determination.
E.
Failure of any new MHP owner/operator to bring his
or her new MHP, which has been approved pursuant to this article,
into compliance with this article within 60 days of the Building Department's
notice of failure to comply, may subject the MHP to revocation of
any and all approvals issued pursuant to this article, as well as
closure of the MHP, together with the mandated removal of all structures
and improvements and restoration of the MHP land to an aesthetically
acceptable state at said owner/operator's expense.
F.
Failure of any owner/operator of a valid nonconforming
MHP to bring any addition or expansion to said MHP, approved pursuant
to this article, into compliance with this article within 60 days
of the Building Department's notice of failure to comply, may subject
the addition or expansion to revocation of any and all approvals issued
pursuant to this article, as well as closure of the addition or expansion,
together with the mandated removal of all structures and improvements
and restoration of the lands upon which the addition or expansion
was developed to an aesthetically acceptable state at said owner/operator's
expense.
A.
Requirements for qualification. A manufactured home
unit (MHU) shall qualify for status as a valid nonconforming use,
provided that:
B.
Date of existence. MHP shall qualify for status as
a valid nonconforming manufactured home park, provided that the manufactured
home park was in existence and legally located in the Town at the
date of the adoption of this article.
C.
Compliance requirements. Any MH unit or MHP which
qualifies for nonconforming status pursuant to the provisions of this
article shall comply with the following requirements:
(1)
It shall comply with all applicable federal
and state laws, rules and regulations.
(2)
It shall supply such information as the Town
may deem necessary to establish the nonconforming status of the MH
unit or MHP.
(3)
It shall comply with the following provisions
as were originally enunciated in the House Trailer Ordinance of the
Town of Colonie adopted June 11, 1957, and its amendments thereto,
including:
(a)
Water and fire hydrant connection, if available.
Proper water connections to existing public water systems of the Town
or of any district therein shall be provided if the same are available.
If the same are not available, then adequate automatic or chemical
hand fire extinguishers will be located throughout the MHP.
(b)
Water supply. A sufficient supply of pure drinking
water shall be provided in convenient locations in the MHP.
(c)
Disposal of sewage and other water-carried wastes:
[1]
All sewage and other water-carried wastes shall
be disposed of into a municipal sewerage system whenever available.
If such connections are not available, disposal shall be into a private
system which includes a sanitary means of disposal, the operation
of which creates neither a nuisance nor a menace to health.
[2]
When a water-carriage system of sewage is used
in an MHP, each lot shall be provided with a sewer connection for
the combined liquid waste outlet or outlets of each MH and trapped
below the frostline. It shall be the duty of the owner or operator
of said MHP to provide a water- and odor-tight connection from the
MH water drainage to the sewer connection, and it shall be the duty
of said owner or operator to make such connections and keep all occupied
MHs connected to said sewer while located in an MHP. Sewer connections
in unoccupied MHP lots shall be so closed that they will emit no odors
or cause a breeding place for flies. No water or waste shall be allowed
to fall on the ground from an MH.
(4)
Electric service and connections. All electric
installation shall be approved by an electrical inspection agency
that has been approved by the Town and have a certificate issued by
the same.
(5)
Inspection. The police officers of the Town
of Colonie, the Building Department and any other duly authorized
agent or employee of said Town shall have the right, at any reasonable
time, to enter any MHP and shall have the right at all times to inspect
all parts of said premises and to inspect any records required to
be kept in any MHP.
(6)
Revocation of permit. If a police officer, Building
Inspector or any authorized representative of the Town of Colonie
finds that an MHP is not being maintained in a clean and sanitary
condition or is not being conducted in accordance with the provisions
of this article, such facts shall thereupon be reported to the Town
Board, and said Town Board may direct the Building Department to serve
an order in writing upon the holder of the permit or the person in
charge of said MHP, directing that the conditions therein specified
be remedied within 10 days after date of service of such order. If
such conditions are not corrected after the expiration of said ten-day
period, the Town Board may cause a notice in writing to be served
upon the holder of said permit or the person in charge of such MHP,
requiring the holder of the permit to appear before the Town Board
of the Town of Colonie at a time to be specified in such notice and
show cause why such MHP permit should not be revoked. The Town Board
may, after a hearing at which testimony of witnesses may be taken
and the holder of the permit shall be heard, revoke such permit if
said Town Board shall find that said MHP is not being maintained in
a clean and sanitary condition or if it finds that any provisions
of this article have been violated or for other sufficient cause.
Upon the revocation of such permit, the premises shall forthwith cease
to be used for the purposes of an MHP, and all MHs shall forthwith
be removed therefrom.
(7)
Renewal of permit. Application for the renewal
of any MHP permit issued pursuant to this article must be filed with
the Building Department on or before the first day of December next
preceding the expiration of said permit. The application for renewal
shall be in writing and signed by the applicant. The application shall
state the name and the address of the applicant; the name and address
of each partner, if the applicant be a partnership; the name and address
of each officer and director, if the applicant be a corporation; a
complete description of the premises upon which the MHP is located;
the name and address of the owner or owners of such premises; the
number of MH units to be provided in the proposed MHP. Such renewal
application must be accompanied by a plan of the MHP if some change
in the plan or layout of the MHP is contemplated by the applicant.
Upon the approval of said application for a renewal of the permit
by the Building Department, the Building Department shall issue a
renewal permit which shall become effective upon the expiration of
the prior permit and continue in force for the term specified therein
but in no event longer than for a period of one year. Such renewal
permit shall not be transferred or assigned. The applicant shall,
at the time of issuance of such renewal permit, pay to the Building
Department a fee computed at a rate determined by the Town Board per
MH unit per annum, based upon the maximum number of proposed MH units
as shown in the application.
D.
MH units which qualify for nonconforming status and
are located outside an MHP. All MH units which qualify for nonconforming
status and are located outside an MHP authorized under this article
and occupied as a dwelling may remain in the position or place in
which they are now parked; provided, however, that no such MHP shall
be moved to a new location in the Town of Colonie, except in compliance
with the provisions of this article, and provided also that any owner
or lessee of an MH presently parked outside a licensed MHP may replace
the same with a new MH located upon the same plot of ground and in
the same general location. The owner of an existing MH replacing the
same with a new MH shall file a plot plan with the Town Building Department
showing the dimensions of the new MH and its location upon the building
lot. The replacement MH, however, must contain the same or a greater
number of square feet of living floor space as the MH which is to
be replaced, and such replacement MH must be the property of the owner
of the MH to be replaced. The replacement MH must be so situated upon
the premises upon which it is located as to comply with all provisions
of the Zoning Ordinance of the Town of Colonie relating and pertaining
to front yards, rear yards and side yards.
E.
MH units that fail to qualify for nonconforming status.
Any MH unit that, for whatever reason, fails to qualify for nonconforming
status shall:
(1)
Be relocated into an MHP which complies with
the provisions of this article.
(2)
Said MH unit shall immediately be removed from
the Town.
(3)
An extension of the time within which any such
MH unit must be relocated may be granted by the Town Building Department
for a period not to exceed one year upon documentation by the applicant
for the extension that compliance by other than relocation outside
the Town is not possible due to the fact that no MHP within the Town
which complies with the provisions of this article has a vacancy reasonably
suitable for the subject MH unit.
F.
MHPs that fail to qualify for nonconforming status.
All MHPs which fail to qualify for nonconforming status for whatever
reason shall be closed, with all MH units therein removed and all
improvements therein eliminated to the extent deemed appropriate by
the Town to protect the public's health, safety and welfare.
G.
Addition or expansion to a valid nonconforming MHP.
Any addition or expansion to a valid nonconforming MHP shall comply
with the provisions of this article.
A.
Any person, persons, association or corporation aggrieved
by any determination or interpretation of the Building Department
or Planning and Economic Development Department alleged in error in
the application of this article, except relative to any requirements
which may be imposed by the Planning Board pursuant to a concept or
final site plan approval, may take an appeal of said determination
or interpretation to the Town Zoning Board of Appeals, provided that
said appeal is made within 30 days of the determination or interpretation
being appealed and said appeal is taken in compliance with such procedures
as are established by the Town therefor.
B.
The Town Zoning Board of Appeals is hereby authorized
to:
The provisions of this article shall be primarily
administered and enforced by the PEDD and the Building Department,
which shall have the power to make necessary inspections.
