A.
It is the purpose of the Mobile Home Neighborhood
District to provide for planned mobile home residential developments,
including related recreational and other service facilities. It is
further the purpose to establish sites at appropriate locations within
the town in relation to existing and potential development areas and
in relation to other uses and community facilities.
B.
It is the intent of the Mobile Home Neighborhood District
to offer the maximum amount of freedom possible in the design of mobile
home neighborhoods, to encourage the development of comprehensive
bicycle and pedestrian circulation networks, to provide the amenities
normally associated with planned residential areas and to promote
the health, safety and general welfare of the present and future inhabitants
of the town.
C.
The fact that an application complies with all specific
requirements and purposes set forth herein shall not be deemed to
create a presumption that the application is, in fact, compatible
with surrounding land uses and, in itself, shall not be sufficient
to require the granting of any application.
Mobile homes shall be constructed in accordance
with regulations set forth in the Code of Federal Regulations (CFR),
Title 24, Housing and Urban Development, Chapter II, Office of Assistant
Secretary for Housing, Federal Housing Commissioner, Department of
Housing and Urban Development, Part 280, Mobile Home Construction
and Safety Standards.
Every mobile home shall bear a data plate affixed
in the manufacturing facility bearing not less than the following
information:
As used in this Article, the following terms
shall have the meanings indicated:
A mobile home constructed on two separate chassis designed
to be joined together at the point of use to form a single dwelling.
Any person, firm, trust, partnership, association or corporation
licensed to operate and maintain a mobile home neighborhood under
the provisions of this chapter.
An area of land within a mobile home neighborhood designed
and designated for the siting of one mobile home.
A residential development intended to accommodate mobile
homes, as defined herein, and including various facilities for the
service of the residents.
A durable surface located on a mobile home lot which is to
be used for the placement of and capable of supporting a mobile home.
A.
Establishment of a Mobile Home Neighborhood District. The Town Board may, after Planning Board review, public notice and hearing, approve, establish, describe and designate a Mobile Home Neighborhood District on the Official Zoning Map of the town pursuant to this chapter and amendments thereto. The same procedure as per Article XVI of this chapter shall be followed in the application for an approval of a Mobile Home Neighborhood District:
B.
Locational requirements.
(1)
Zoning districts. A Mobile Home Neighborhood (MHN)
District may be established at any location within the town, but only
if the objectives and provisions of this chapter are satisfied as
determined by the Planning Board and Town Board and the MHN is consistent
with the spirit and intent of the Town Comprehensive Plan.
(2)
Community facilities. Essential community facilities
and services for the mobile home neighborhood, such as employment,
shopping, schools, recreation areas and police and fire protection,
shall be reasonably accessible.
(3)
Impact to surrounding properties. The uses will not
be detrimental to present and potential surrounding uses.
(4)
Streets. Existing and proposed streets shall be suitable
and adequate to carry anticipated traffic within the proposed development
and in the vicinity of the proposed districts.
(5)
Utilities. Existing and proposed utility services
shall be adequate for the proposed development, and such utility services
shall be placed underground.
(6)
Development phasing. Each phase of the proposed development,
as it is proposed to be completed, shall contain the required parking,
landscape plantings, recreational areas and utility services necessary
for creating and sustaining a desirable and stable environment.
(7)
Nonresidential development. Any nonresidential use
within a mobile home neighborhood development shall be subordinate
to the residential use of and character of the development.
(8)
Highway frontage. A mobile home neighborhood shall
have frontage on and direct access to a New York State highway or
Rensselaer County highway.
A.
Annual license requirement. It shall be unlawful within
the Town of Schodack for any person or persons to construct or operate
a mobile home neighborhood without first securing a license annually
from the Town Board and complying with the regulations of this chapter.
B.
License fees. The application for an annual license
or the renewal thereof shall be filed with the Town Clerk and shall
be accompanied by a nonrefundable fee as established by the Town Board.
The fee for an annual license shall be the same as that for an initial
application. Thereafter, each mobile home shall be assessed on the
tax rolls of the Town of Schodack against the owner(s) of the mobile
home neighborhood development. In addition, an inspection fee of $25
per mobile home unit will be charged for the purpose of compliance
with this chapter or any other applicable local law or ordinance prior
to the issuance of a certificate of occupancy. Such fee shall apply
to the initial installation of units or the replacement of such units
as determined by the building inspector.
C.
Application requirements. The application for a license
or renewal thereof shall be made on forms prescribed by the Town Board
and shall include the name and address of the fee owner of the property.
In the event that the fee is vested on some person other than the
applicant, the application shall be submitted together with a duly
verified statement by the owner in fee that the applicant is authorized
by him/her to construct and maintain the mobile home neighborhood.
Each license or renewal thereof shall expire on the 31st day of December
following the issuance thereof.
D.
Nonconforming mobile homes. Nonconforming mobile homes
may be placed on existing lots; however, any expansion or additions
to said mobile homes must conform to the regulations provided in this
chapter.
A.
Application preparation and content. Application for
a mobile home neighborhood license shall be accompanied by three sets
of plans prepared by a licensed landscape architect, architect, engineer
or land surveyor, shall be filed with the Town Clerk and shall include
the following:
(1)
The name and address of the applicant.
(2)
The location and legal description of the mobile home
neighborhood site.
(3)
A complete plan of the mobile home neighborhood in
conformity with the requirements of this chapter.
(4)
Plans and specifications of all improvements and facilities
constructed or to be constructed within the mobile home neighborhood.
(5)
Such further information as may be requested by the
Town Board to enable a proper determination that the proposed mobile
home neighborhood will comply with all legal requirements.
B.
Application filing. The application and all accompanying
plans and specifications shall be filed in triplicate. The Town Clerk
shall deliver two copies to the Town Planning Board, which said Board
shall review the application. If the proposed mobile home neighborhood
will, when constructed in accordance with such plans and specifications,
be in accordance with all provisions of this chapter and all other
applicable local, county, state and federal laws, ordinances or statutes,
the Planning Board shall approve the application and deliver the same
to the Town Board for review and approval. Upon the completion of
the mobile home neighborhood in accordance with the plans and specifications,
the Town Clerk shall issue a license upon order of the Town Board.
C.
Application for license renewal. Upon application
in writing to the Town Clerk by a licensee for renewal of a license
and upon payment of the annual license fee, the Town Board shall order
an inspection of the mobile home neighborhood by the building inspector
and if it is still in compliance with the applicable local laws and
ordinances, a report shall be made to the Town Board. By order of
the Town Board, the Town Clerk shall issue a certificate renewing
such license for another year.
A.
Site development.
(1)
Minimum site size. Mobile home neighborhoods shall
be located on well-drained sites comprising a minimum of 25 acres.
(2)
Grading. The site shall be properly graded to ensure
rapid drainage so that no portion of the site is subject to predictable
sudden flooding or erosion.
(3)
Minimum frontage. Where no secondary access is provided,
the site shall have a minimum of 300 feet of frontage on the highway
providing primary access to the site.
(4)
Minimum setbacks. No mobile home, mobile home accessory
building, mobile home neighborhood office or service building shall
be located within 200 feet from any property line encompassing the
site unless otherwise determined by the Planning Board that a lesser
distance would be sufficient due to topography, existing screening
or other circumstance to ensure adequate screening and buffering of
adjacent properties.
(5)
Rent and ownership.
(a)
The lands lying wholly within the perimeter
boundaries of any proposed or established Mobile Home Neighborhood
District:
[1]
Shall be held in single ownership and shall
consist of separately dimensioned, individual lots, collectively held
in single ownership and used entirely for rental purposes only; or
(b)
In no event shall both of the foregoing types
of use be permitted simultaneously within the geographical boundaries
of any one proposed or established Mobile Home Neighborhood District.
(c)
The transfer of title of all or any portion
of such lands by the owner(s) thereof not in accordance with the provisions
of this subsection, shall constitute a violation of this chapter.
B.
Density and lot standards.
(1)
Lot density and lot setbacks. Each mobile home neighborhood
shall be designed to accommodate separately identified mobile home
lots as follows:
(a)
Minimum lot area, single-wide unit: 7,260 square
feet.
(b)
Minimum lot area, double-wide unit: 9,700 square
feet.
(c)
Maximum number of units per gross acre: 4.5.
(d)
Minimum setback from public highway right-of-way
line: 100 feet.
(e)
Minimum setback from nondedicated street center
line: 75 feet.
(f)
Minimum unit separation: 50 feet.
(g)
Minimum mobile home lot width: 70 feet.
(2)
Mobile homes installed in the Town of Schodack shall
be installed in compliance with the applicable provisions of Article
19A of the New York State Executive Law and related state codes for
installation of mobile homes. (NOTE: Article 19-AA is to be repealed,
effective January 1, 1984, and is to be replaced with the New York
State Uniform Fire Prevention and Building Code Act.)[2] Each mobile home lot shall be improved to provide an adequate
stand for the placement and tie-down of the mobile home, thereby securing
the structure against uplift, sliding, rotation and overturning.
(a)
There shall be a longitudinal gradient of 0%
to a maximum of 5% and an adequate crown or cross gradient for surface
drainage.
(b)
Each mobile home stand shall consist of a foundation
designed for support of a mobile home so as to prevent heaving, shifting
and uneven settling in the form of either:
[1]
A full concrete pad, four inches by 12 feet
by 70 feet for single-wide and four inches by 24 feet by 70 feet for
double-wide units and shall include concrete piers or an equivalent
stand extending a minimum of 36 inches below ground level at a minimum
of every eight feet for the entire length of the pad;
[2]
A perimeter foundation of a minimum of eight
inches in width and 36 inches in depth, with overall dimensions of
12 feet by 70 feet for single-wide and 24 feet by 70 feet for double-wide
units; or
[3]
Lateral runners of a minimum 16 inches by 36
inches by 24 feet for double-wide units, spaced every eight feet for
the entire length of 70 feet.
(c)
The structural frame of each mobile home shall
be attached to the foundation in not less than six places located
in accordance with good engineering practice. Each attaching device
shall be capable of withstanding a tension force of at least 2,800
pounds and shall be designed so as to secure the mobile home against
uplift, sliding, rotation and overturning.
(d)
Each mobile home foundation shall be enclosed
by a skirt securely fastened and extending from the outside wall of
the mobile home. The skirt shall be constructed of sturdy wood, plastic,
masonry or metal material capable of withstanding extreme weather
conditions over extended periods of time. No skirt shall be required
where a perimeter foundation fully encloses the area between the unit
and the ground level. Such skirt shall be installed within 10 days
after placement of the mobile home on the foundation.
[2]
Editor's Note: See now § 370 et
seq. of the Executive Law.
(3)
Mobile home lot access. All designated lots within
a mobile home neighborhood shall have direct access to streets designed
to Town of Schodack specifications and to be approved by the Town
Superintendent of Highways.
(4)
Refuse receptacles. Adequate refuse receptacles with
tight-fitting covers shall be provided for each mobile home unit.
These receptacles shall be kept in a sanitary condition and emptied
weekly by the licensee or his/her agent.
(5)
Required parking. Two off-street parking spaces shall
be provided for each mobile home, with one additional space for each
four mobile homes. Every parking space shall be at least 10 feet in
width and 20 feet in length and shall have adequate provision for
maneuvering and for passage to and from streets.
(6)
Mobile home neighborhood caretaker. Each mobile home
neighborhood licensee shall provide, on-site at all times, a duly
authorized attendant or caretaker who shall be in charge at all times
of keeping the mobile home neighborhood and its facilities and equipment
in a clean, orderly and sanitary condition. The attendant or caretaker
shall be answerable, with the licensee, for the violation of any provision
of this chapter to which the licensee is subject.
(7)
Mobile home unit expansion. Any mobile home unit,
whether it is a single-wide or partial double-wide unit, may be expanded
to a maximum size of twice the original single-wide unit; however:
(a)
The increase must be of a standard mobile home
unit expansion type.
(b)
Any expansion must conform to the minimum unit
separation.
(c)
Any expansion must receive site plan approval
from the Town of Schodack prior to the issuance of a building permit
for such mobile home unit expansion.
(d)
Any single-wide unit proposed for expansion
shall have a minimum lot area equal to that of a double-wide unit
as specified herein.
(8)
Open spaced and landscape plantings. All areas of
the site not occupied by buildings, units, parking areas, driveways
or walkways shall be maintained as lawn area with landscape plantings
of trees and shrubs or as natural areas as follows:
(a)
All margins along the front, side and rear property
lines of the mobile home neighborhood site shall be planted with evergreen
or deciduous trees in a mass planting or hedgerow for the purpose
of visual screening and noise abatement. Such plantings shall be provided
to the extent needed in order to provide for the screening of objectionable
views, adequate shade and suitable settings for the mobile home and
other facilities as approved by the Town of Schodack.
(b)
The design of individual sites shall take into
consideration the natural growth presently on the site and the nature
and condition of the terrain as well as the relationship of the site
itself with respect to adjoining lands. Screening and/or landscape
plantings for such individual sites shall be provided as deemed necessary
by the Town of Schodack.
(9)
Utilities. Each individual mobile home unit shall
be served by municipal or private central water supply facilities
and wastewater treatment facilities as approved by the appropriate
state and municipal agencies and the Rensselaer County Health Department.
(a)
An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all mobile home
lots and buildings within the neighborhood to meet the requirements
of the neighborhood.
(b)
Each mobile home lot shall be provided with
a sewer which shall be connected to the mobile home situated on the
lot to receive the waste from showers, tubs, flush toilets, lavatories
and kitchen sinks in such home. The sewer shall be connected to a
public or private sewer system so as not to present a health hazard.
Sewer connections in unoccupied lots shall be so sealed as to prevent
the emission of any odors and the creation of breeding places for
insects.
(c)
Plumbing connections to each mobile home shall
comply with all regulations of Article 9 of the New York State Uniform
Fire Prevention and Building Code.
[Amended 10-12-1990 by L.L. No. 4-1990]
(d)
Weatherproof electrical service connections
and outlets shall be of a type approved by the New York State Board
of Fire Underwriters.
(e)
At least one public telephone, or access to
the office telephone, shall be required.
(10)
Required storage space. Storage space for the
use of neighborhood residents shall be provided within a building
in an amount equal to at least 80 cubic feet for each mobile home
lot in the mobile home neighborhood.
(11)
Required recreation area. A recreation area
shall be incorporated into the design of the mobile home neighborhood
to be of a minimum of 1,000 square feet per mobile home unit with
appropriate facilities to satisfy the needs of the neighborhood residents.
(a)
Such recreation area shall have at least one
common area of a minimum of 5,000 square feet, and the Town of Schodack
may establish such conditions on the ownership, use and maintenance
of this area as it deems necessary to assure the preservation of the
recreation area for its intended purpose.
(b)
The Town of Schodack shall also have the authority
to require the location within any proposed Mobile Home Neighborhood
District of a community recreation and service building and, consistent
with such authority, may require that such building contain certain
designated facilities, including, among them, but not being limited
to, laundry facilities, public telephones, recreational facilities,
meeting rooms and rest rooms.
(c)
If the Planning Board and/or Town Board finds
that due to size, topography or location of the Mobile Home Neighborhood
District, land for parks, open spaces, playgrounds or other recreational
purposes cannot be properly located therein, or that the same are
not desirable, the appropriate Board shall require, prior to approval
and filing of the proposed plan, that a payment to the Town of Schodack
Recreational Trust Fund be made in an amount equal to $100 per mobile
home lot within the Mobile Home Neighborhood District being considered
for approval. Such amount shall be paid to the Town of Schodack at
the time that final approval of the plan is made, and no such plan
shall be finally approved nor filed until such payment has been made.
(12)
Pedestrians. Pedestrianways shall form a logical,
safe and convenient system of pedestrian access to all project facilities.
(13)
Snow removal. The licensee shall be responsible
for snow removal from the mobile home neighborhood to the public highway.
(14)
Site lighting. Streetlighting shall be provided
at all entrances and exits to the mobile home neighborhood and on
all internal streets, intersections, walkways and common areas. Such
lighting shall provide an illumination of 0.6 footcandle to those
areas.
(15)
Fire protection.
(a)
A mobile home neighborhood shall be provided
with suitable and operable fire extinguishers and other fire alarm
and protection devices as may be prescribed by the fire district wherein
said mobile home neighborhood is located. There shall be clear numbering
of mobile homes within the mobile home neighborhood with a layout
map provided to the Fire and Disaster Coordinator and to ambulance
and police agencies. Water supplies should be adequate as determined
by the County Fire Coordinator to permit the effective operation of
at least two one-and-one-half-inch hose streams up on any fire in
a mobile home neighborhood, whether the supply is derived from hydrants
connected to an underground water supply system or reservoir or a
water supply source of not less than 6,000 gallons suitably accessible
for Fire Department drafting operations.
(b)
Smoke detectors shall be installed and operable
in all mobile homes not so equipped prior to occupancy of such mobile
home.
C.
Circulation and access.
(1)
Primary access. Each mobile home neighborhood shall
be accessible from an existing state or county highway.
(2)
Where a mobile home neighborhood has more than 24
mobile home units, two points of entry and exit shall be provided,
shall be separated by a minimum of 200 feet and shall be designed
as follows:
(a)
Such entrances and exits shall be designed and
strategically located for the safe and convenient movement into and
out of the neighborhood and to minimize friction with the free movement
of traffic on a public highway.
(b)
All entrances and exits shall be at right angles
to the existing public highway.
(c)
All entrances and exits shall be free of any
material which would impede the visibility of the driver on a public
highway.
(d)
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile
homes attached.
(3)
Street standards. Each neighborhood shall have a street
or streets provided with a smooth, hard and dust-free surface which
shall be durable and well drained under normal use and weather conditions
to provide for the convenient accessibility to all mobile home lots
and other important facilities within the neighborhood.
(a)
The street system shall be designed to permit
safe and convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topography and
shall have suitable alignment and gradient for traffic safety.
(c)
Such streets shall be designed and constructed
in accordance with the Town of Schodack Highway Standards.
(4)
Sidewalks. Mobile home neighborhoods shall provide
sidewalks for both collector and minor streets.
(5)
Primary access. Primary access for the entire mobile
home neighborhood shall be provided by the one or two points of entry
and exit directly to the New York State or Rensselaer County highway
upon which the mobile home neighborhood has frontage.
(a)
Such access shall be so designed as to not direct
mobile home neighborhood traffic to use abutting town highways unless
otherwise approved by the Town of Schodack.
(b)
Access to such abutting town highways may be
permitted for the primary purpose of providing emergency vehicle access,
unless otherwise approved by the Town of Schodack.
(6)
Secondary access. Access connections to improved town
highways abutting the mobile home neighborhood site are not permitted
to be made to town highways which were constructed as a result of
subdivision approval by the Town of Schodack Planning Board since
the adoption of Land Subdivision Regulations by the Town of Schodack.[3] The location and design regarding access to any other
town highway shall be determined as a result of the town's site plan
review and approval procedure[4] and shall be subject to such review and approval by the
Planning Board and Town Board of the Town of Schodack.
A.
Performance bonds. Prior to the issuance of a license,
or renewal thereof, for the operation of the mobile home neighborhood,
a certificate shall be submitted by the Town Clerk certifying that
the applicant has complied with one of the following:
(1)
That all public improvements have been installed to
the satisfaction of the Town Engineer or any other official or body
authorized by law to act in accordance with the requirements as specified
herein; or
(2)
That a performance bond or certified check has been
posted in a sufficient amount to assure such completion of all required
improvements and is available to the Town of Schodack.
B.
Maintenance. It shall be the responsibility of the
licensee, through the on-site caretaker or attendant, to adequately
maintain the mobile home neighborhood at all times. If, however, in
an emergency situation, it is necessary for the Town of Schodack to
perform such maintenance, it shall be performed as authorized by the
Town Board, and all costs incurred in the performance of such maintenance
shall be reimbursed to the Town of Schodack by the licensee.
Before any neighborhood commences operation,
the building inspector shall make an inspection of the premises to
determine that all requirements of this chapter have been met and
shall issue a certificate of occupancy. No uses shall be permitted
until such a certificate has been issued.
A.
Inspection authorization. The Town Board shall have
the authority to enter and inspect, for health, sanitary and other
provisions of this chapter, any facility licensed hereunder, at any
reasonable time.
B.
Violations.
(1)
If, upon inspection, it is found that the licensee
has violated any provision of this chapter, the Town Board shall have
the authority to suspend such license and order the mobile home neighborhood
closed after notice and an opportunity to be heard.
(2)
The licensee shall be notified by the Town Board of
the nature of the violation, and the Town Board shall set the time
by which the violation shall be remedied and the action(s) to be taken
if the violation is not corrected.
A mobile home may be used for nonresidential
purposes in one of the following ways:
A.
A mobile home may be located on the site of a construction
project, survey project or other similar work project if used solely
as a field office or a work or tool house in conjunction with such
project, provided that such mobile home is removed from said site
within a reasonable time after the completion of such project; or
B.
A mobile home may be used for business/office purposes, such as a bank branch, credit union office, professional office, etc., on a temporary basis while awaiting construction of a permanent facility, where such use is permitted, and as approved by the Planning Board in accordance with Article XI herein.
