Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 9-24-1997 by L.L. No. 6-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 67.
Public and private improvements — See Ch. 121.
Subdivision of land — See Ch. 193.
Zoning — See Ch. 229.
[1]
Editor's Note: This local law was adopted as Ch. 203, but was redesignated as Ch. 135 to preserve the alphabetical organization of the Code.
It is the purpose of this chapter to promote the health, safety and general welfare of the inhabitants of the Town of Clarence through the more efficient siting and regulation of manufactured housing and manufactured home parks.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The person appointed by the Town Board to carry out the regulations of this chapter.
MANUFACTURED HOME PARK
Any lot under single ownership on which 50 or more manufactured homes are located regardless of whether or not rent is charged for such lot accommodations.
MOBILE HOME or MANUFACTURED HOME
Manufactured housing built on a chassis bearing a seal issued by the Federal Department of Housing and Urban Development. A manufactured home shall be construed to remain a manufactured home, subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. All manufactured homes shall have a minimum of 720 square feet of interior floor area. This definition shall include single-wide and double-wide manufactured homes.
RECREATIONAL VEHICLES (FOR PART-TIME LIVING PURPOSES)
Shall include motor homes, truck campers and camping trailers less than 48 feet in length, and/or less than 720 square feet of interior floor area.
TRAILER
See "mobile home."
TRAVEL TRAILER
See "recreational vehicle."
A. 
No manufactured home shall be located within the Town except in a designated manufactured home park.
B. 
A manufactured home park cannot be established or created except upon a tract of land used or intended to be used for the parking of at least 50 manufactured homes together with the necessary improvements and facilities upon the land. No lot or berth shall be rented or leased for residential uses of a manufactured home unless it meets the requirements of applicable local codes and ordinances and the state code for construction and installation of manufactured homes. In general, manufactured home parks shall:
(1) 
Be located where orderly development of a manufactured home park can be undertaken in harmony with development of the surrounding area in terms of traffic generation, ease and safety of vehicular access to and circulation within the park, safety of pedestrian movement, location of structures, adequacy of off-street parking, placement and sizing of sewage treatment and water supply systems and other utilities, safety or fuel storage and supply, provision of open space, recreation facilities or areas, delivery of services and adequacy of landscaping and buffering.
(2) 
Have generally level to gently rolling topography over an area of sufficient size to allow development of the manufactured home park without significant alterations or disturbance of existing natural amenities or features such as stands of mature trees, stream courses, shorelines, wetlands or bedrock outcroppings.
(3) 
Be essentially free from adverse, unsafe or unhealthful conditions including but not limited to flooding, ponding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke, noise, odors, heat, glare or toxic or volatile substances.
(4) 
Be located in the Commercial Zoning District as defined in Chapter 229, Zoning, of the Code of the Town of Clarence.
C. 
Existing manufactured home parks.
(1) 
Existing manufactured home parks designed and constructed prior to adoption of the present standards shall be permitted to remain.
(2) 
Any enlargement to a manufactured home park must meet all current standards, as herein described, at the time of its enlargement.
(3) 
If existing areas of a manufactured home park are redesigned, or more than 15% of the mobile home sites are redesigned, the existing portion of the manufactured home park must be modified to meet current standards.
(4) 
Sections 135-3E and 135-3F shall not apply to those manufactured housing parks/communities already in existence at the time of adoption of this chapter; however, such sections shall apply to an expansion of any such park/community, as stated in § 135-3C(3).
D. 
Restrictions on occupancy. All manufactured homes shall meet the following requirements:
(1) 
No manufactured home shall be allowed unless it bears a date plate and a manufacturer's label, affixed in the manufacturing facility, which certifies that it is in compliance with the Federal Department of Housing and Urban Development manufactured home construction and safety standards in force at the time of manufacture.
(2) 
Every manufactured home shall be installed according to and in conformity with the New York State Uniform Fire Prevention and Building Code.
E. 
Park standards. The following standards shall be applicable in all manufactured home parks.
(1) 
Each manufactured home park shall be divided (exclusive of internal roads, open space or common areas) and marked off into mobile home sites, the number being conspicuously posted on each lot with such number to correspond to the lot shown on the site plan submitted.
(2) 
Each manufactured home site shall satisfy the following requirements:
(a) 
Minimum site size shall be 7,500 square feet. In special cases, where innovative park design provides clustering and allows for wide roads or a greater amount of usable recreation area or open space, exceptions may be granted. In no case, however, shall the site area be reduced below 5,000 square feet.
(b) 
Minimum site width shall be 75 feet. Where exceptions have been made as provided in Subsection E(2)(a), minimum site width shall be 50 feet.
(c) 
One of the lot lines must have a minimum length of 100 feet; this may be either the depth or width of the site, depending upon the approved design and layout.
[Amended 5-23-2001 by L.L. No. 2-2001]
(3) 
Setbacks and spacing.
(a) 
All manufactured homes, including expansions, extensions or other additions thereto, patios, porches or garages and all other structures in a manufactured home park; shall satisfy the following setback requirements. A detached structure accessory to and located on the same site with an individual manufactured home shall be considered part of the manufactured home for the purpose of spacing requirements.
[1] 
A minimum of 150 feet from the road line of any public road.
[2] 
A minimum of 30 feet from the center line of any roadway internal to the manufactured home park.
[3] 
A minimum of 25 feet spacing between adjacent manufactured homes and any other structures in the mobile home park.
[4] 
A minimum of 10 feet from the rear site lines.
(b) 
When individual home site size reduction is employed to preserve open space within the park, the following setback requirements shall be met. All manufactured homes, including expansions, extensions or other additions thereto, patios, porches or garages shall satisfy the following setback requirements:
[Amended 5-23-2001 by L.L. No. 2-2001]
[1] 
Minimum of 150 feet from the road line of any public road.
[2] 
Minimum of 30 feet from the center line of any internal roadway. A four-foot-wide landing area may extend into the required setback area, provided that the maximum square footage of such landing shall not exceed 24 square feet.
[3] 
A minimum of twenty-five-foot spacing between adjacent manufactured homes. A four-foot-wide landing area may extend into required setback, provided that the maximum square footage of such landing shall not exceed 24 square feet.
[4] 
Minimum of 10 feet from the rear site lines.
(c) 
No internal roadway, parking lot or storage facility for fuels, supplies or equipment shall be located within 50 feet of a property line in common with adjoining property external to the manufactured home park and abutting a public roadway.
[Added 5-23-2001 by L.L. No. 2-2001]
[1] 
A manufactured home park shall be surrounded by a landscaped greenbelt of at least 50 feet from each property line. The required greenbelt shall not be included in the yard requirements for the individual manufactured home lot berth.
F. 
Park design requirements.
(1) 
Access. Each manufactured home park shall provide for safe, legal means of access from one or more public roads as follows:
(a) 
Access roads shall meet the public roads at right angles and at compatible grades.
(b) 
Entrances shall be located directly opposite or at least 200 feet from the nearest intersection of public roads, if any, and at least 150 feet from any other entrances to the manufactured home park, if any.
(c) 
Entrances shall have sufficient width to allow reasonable turning movements of vehicles with manufactured homes attached and of service or delivery vehicles.
(d) 
Entrances shall be located to allow safe line-of-sight distances to and from their points of intersection with public roads.
(e) 
At least two independent entrances and access roads shall be required to serve all manufactured home parks.
(f) 
Access roads connecting manufactured home park interior roads to public roads shall meet Town road standards as approved by the Town Highway Superintendent.
(2) 
Internal roads.
(a) 
Internal roads shall be privately owned and maintained and shall provide for the safe and convenient movement of vehicles, with or without manufactured homes attached.
(b) 
All manufactured home sites shall face on and be serviced by such internal roads.
(c) 
All roads shall be paved and shall be designed, graded and leveled as to permit the safe passage of emergency and other vehicles at a speed of 10 miles per hour.
(d) 
Straight, uniform gridiron road patterns should be avoided. Manufactured home clustering, landscaping and an open space system is recommended where feasible.
(e) 
Culs-de-sac shall be provided in lieu of closed-end roads with a turnaround having an outside roadway character of at least 90 feet.
(f) 
All internal roads shall have a minimum thirty-foot right-of-way, 20 feet of which must be paved.
(3) 
Parking.
(a) 
Each manufactured home shall be provided with at least two off-street parking spaces adjacent to the manufactured home.
(b) 
At least one additional off-street parking space for each three manufactured homes in the manufactured home park shall be provided to accommodate guest parking, service or delivery vehicles, boat or camp trailer storage or other parking or storage demand. Such spaces shall be in centrally located parking areas without interfering with the traffic circulation of internal roads.
(c) 
Each parking space shall measure at least eight feet by 20 feet.
(d) 
Parking spaces or areas shall have at least eight inches of crushed stone base or two inches of pavement over four inches of crushed stone base.
(4) 
Recreational areas and open space. Easily accessible and usable open spaces shall be provided in all manufactured home parks. Such open space shall have a total area equal to at least 15% of the gross land area of the park and shall be fully maintained by the park owner. Part or all of such space shall be in the form of developed recreation areas to be usable for active recreation purposes.
(5) 
Walkways. A four-foot-wide hard surfaced pedestrian walkway may be provided along and at least five feet from each access road between the entrance to the public highway and either:
(a) 
The first manufactured home unit, or
(b) 
Such location within the manufactured home park as may be required by the Town Board to assure pedestrian safety.
(6) 
Water supply. An adequate supply of water shall be provided for all manufactured homes and service buildings. Where public water is available, connection shall be used exclusively, unless local authorities deem otherwise. If a public water system is not available, the development of a private water supply system shall be approved by the Erie County Health Department. Fire hydrants shall be located at least within 500 feet of all manufactured homes, service buildings or accessory structures.
(7) 
Sewage. An approved sewage system shall be provided in all manufactured home parks for the conveying, disposing and treatment of sewage from mobile homes, service buildings and other accessory facilities. Such system must be designed, constructed and maintained in accordance with the New York State Department of Health standards and regulations.
(8) 
Garbage and refuse. Garbage and refuse must be properly disposed of in a timely manner. It shall be the responsibility of the park owner to ensure that garbage and rubbish shall be collected and properly disposed of outside of the manufactured home park. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.
(9) 
Fuel supply and storage.
(a) 
In general, all fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction.
(b) 
Specific requirements:
[1] 
Fuel oil.
[a] 
All fuel oil tanks shall be placed at the rear of manufactured homes and not located less than five feet from an exit.
[b] 
It is recommended that all fuel oil tanks be buried.
[c] 
It is recommended that a central fuel supply system be provided.
[d] 
Supports or standards for fuel storage tanks are to be of a noncombustible material.
[2] 
Natural gas.
[a] 
Natural gas piping systems installed in manufactured home parks shall be maintained in conformity with accepted engineering practices.
[b] 
Each manufactured home lot provided with piped natural gas shall have an approved shutoff valve and cap to prevent accidental discharge of gas.
[c] 
Gas piping systems shall be installed and maintained in accordance with the local gas supply companies' specifications and regulations.
[3] 
Liquefied gas.
[a] 
Such systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
[b] 
Systems shall have at least one accessible means for shutting off gas. This means it shall be located outside of the individual manufactured homes.
[c] 
All liquid propane gas piping shall be well supported and protected against mechanical injury.
[d] 
Storage tanks shall not be less than 100 pounds and must be located at the rear of manufactured homes and no closer than five feet from any exit.
[e] 
It is recommended that a central underground gas storage system be furnished.
(10) 
Electrical service.
(a) 
Every manufactured home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electrical power companies' specifications and regulations. All wiring fixtures must have the New York Board of Fire Underwriters' approval or other authority as designated by the Town.
(b) 
Each manufactured home stand shall be supplied with not less than 100 ampere service.
(c) 
Adequate lights shall be provided to illuminate streets, driveways and walkways for safe movement of vehicles and pedestrians at night. A minimum lighting level of 0.3 footcandles shall be provided.
(d) 
All electrical distribution lines shall be placed underground.
(11) 
Telephone service. When telephone service is provided to manufactured home sites, the distribution system shall be placed underground.
(12) 
Park office and storage facilities. The owner or manager of a park shall maintain office and storage facilities in the immediate vicinity of the park.
(13) 
Storage facilities. Each manufactured home park shall provide a maximum one-hundred-twenty-square-foot storage shed per housing site. Such facilities shall be located so as to meet a five-foot setback from side and rear site property lines on individual housing sites.
[Amended 5-23-2001 by L.L. No. 2-2001]
(14) 
Service buildings.
(a) 
Shall provide bathroom facilities in accordance with new State Building Codes based on size and occupancy of the service building.
[Amended 5-23-2001 by L.L. No. 2-2001]
(b) 
All service buildings and grounds of the manufactured home park shall be well lighted and maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(15) 
Fire protection and control. Every manufactured home park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number so located within the park as to satisfy applicable regulations of the fire district within which the manufactured home park is located.
(16) 
Soil and ground cover requirement. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
A. 
It shall be unlawful for any person to construct, alter or extend any manufactured home park unless he holds a valid permit issued by the Town Board in the name of the person for which the specific construction, alteration or extension is proposed. This section does not apply to the replacement of manufactured homes in a manufactured home park already in existence at the time of adoption of this chapter.
B. 
All applications for permits shall be made to the Town Board and shall contain the following:
(1) 
The name and address of the applicant.
(2) 
Interest of the applicant in the manufactured home park.
(3) 
The location and legal description of the manufactured home park, including a map showing the physical characteristics of the property (i.e., topography, vegetation and wetlands).
(4) 
Complete plans and specifications of the proposed park showing:
(a) 
The area and dimensions of the tract of land.
(b) 
The number, location and size of all manufactured home lots.
(c) 
The locations and size of service buildings and other proposed structures.
(d) 
The location and width of roadways and walkways.
(e) 
The location and size of water and sewer lines and riser pipes.
(f) 
Plans and specifications for all buildings constructed within the manufactured home park.
(g) 
Plans and specifications of the water supply, refuse disposal and sewer disposal facilities.
(h) 
Proposed lighting and electrical systems.
(i) 
The phasing of the development, if any.
(j) 
Any and all information as may be required by the Town Board, Planning Board and Engineer.
C. 
All applications shall be accompanied by a fee as set by the Town Board. The Town Board, upon review by the Planning Board and Town Engineer, whose fee shall be paid by the developer, shall approve, approve with modifications or disapprove such application and shall report its reasoned decision to the applicant. When, upon review of the application, the Town Board and Building Inspector are satisfied that the proposed plan meets the requirements of this chapter, a permit shall be issued.
D. 
Public improvements. No improvements shall be installed or constructed until a public improvement permit therefor has been obtained per Chapter 121, Public and Private Improvements, of the Code of the Town of Clarence.
E. 
Stop-work order. A stop-work order may be issued by the Building Inspector, requiring that all construction stop immediately, if construction of improvements is not as approved in the permit process.
Any person, partnership, association or corporation being the owner or occupant of any land within the Town of Clarence shall not use or allow the use of such land for a manufactured home park unless a license has been obtained as herein provided.
A. 
Issuance of license. The Town Clerk of the Town of Clarence shall issue a license to be effective from the day of issuance to and including December 31 of that same year. This license will be issued upon approval of the Town Board only after receipt of the following items:
(1) 
A written application, verified by the applicant, identifying the owner or owners of the manufactured home park and a contact person.
(2) 
Approval of the Erie County Health Department for the manufactured home park operation.
(3) 
The required fee as established by the Town Board.
(4) 
Approval by the Town Building Inspector and/or Town Planning and Zoning Office.
B. 
Original license. In addition to the above requirements, applications for original licenses shall contain the location and legal description of the manufactured home park; and a site plan showing all manufactured home lots, structures, roads, walkways and other service facilities per § 135-4 of this chapter.
C. 
License renewal. An application for the renewal of any manufactured home park license issued in accordance with the provisions of this chapter must be filed with the Town Clerk on or before December 1 preceding the expiration of the license. The renewal application need not be accompanied by a plan of the park unless changes have been made to it.
D. 
Revocation of license.
(1) 
Whenever the Building Inspector finds a violation of any provision of this chapter, a written notice shall be issued. Such notice shall state the violation and specify a time period within which corrections must be made. Procedures as described in § 135-8 shall be followed for all suspected violations.
(2) 
Any manufactured home park operator found guilty of a violation at the manufactured home park may have his/her operating license revoked.
E. 
Relicensing. If the owner or operator of a manufactured home park whose license has been revoked under § 135-5D shall thereafter correct such conditions and bring the manufactured home park into compliance with this chapter, such owner may then apply for the issuance of a new license under § 135-5A of this chapter. If the application is approved by the Town Board and a license granted, the applicant shall pay to the Town Clerk the required fee without any credit for the fee paid for the license which was revoked.
The Building Inspector shall make any inspections that are necessary to determine satisfactory compliance with this chapter and regulations issued hereunder and any other applicable laws. The Building Inspector shall have authority to inspect the register containing a record of all residents of the manufactured home park.
A. 
Responsibilities of park management.
(1) 
The manufactured home park licensee shall operate the park in compliance with this chapter and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(a) 
Any applicable state laws must be adhered to and uniformly applied concerning management and operation of the manufactured home park.
(b) 
All service and out buildings shall be maintained so as to meet applicable building codes as well as maintained in good repair and in a clean and sanitary condition.
(c) 
All abandoned homes shall be boarded up and secured in a manner acceptable to the Building Inspector or removed from the site.
(2) 
It shall be the licensee's responsibility to notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter and regulations issued hereunder.
(3) 
The licensee shall supervise the placement of each manufactured home on its manufactured home stand which includes installing all utility connections.
B. 
Responsibilities of park occupancy.
(1) 
The park occupant shall comply with all applicable requirements of this chapter and regulations issued hereunder and shall maintain his/her manufactured home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
(2) 
The park occupant shall be responsible for proper placement of his/her manufactured home on its stand and proper installation of all utility connections in accordance with the instructions of the park management.
C. 
Restrictions on occupancy. A manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home support system and connected to water, sewage and electrical facilities and receives a certificate of occupancy from the Building Inspector for each new connection.
A. 
Violation remedy procedures per Town Prosecution Manual.
(1) 
Initiating a complaint. Whenever a violation of this chapter occurs, the Building Inspector, a Town officer or an aggrieved citizen may initiate a complaint.
(2) 
Recording the complaint. The Building Inspector shall proceed to properly record, file and investigate the complaint.
(3) 
The Building Inspector shall obtain a verbal promise by the violator to correct the violation within a specific time period.
(4) 
Notice of violation. If the violation persists, the violator shall be notified by certified mail as to the manner in which he/she is in violation. The violator will have 10 days from the mailing date to rectify the violation or remedy the situation.
(5) 
Filing/service of appearance ticket. If the violation persists, an appearance ticket shall be served to appear in local court.
B. 
Assessment of costs and expenses. The Town shall assess all costs and expenses incurred by it in connection with securing or repairing any unsafe conditions, which were reported and not remedied, against the violator.
C. 
Penalties. Any person, firm, partnership or corporation convicted of a violation of this chapter shall be subject to a fine not exceeding $250 for each day of said violation, if continuous.