[HISTORY: Adopted by the Town Board of the Town of Rush 1-22-1985
by L.L. No. 1-1985. Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as the "Mobile
Home Park Law of the Town of Rush." It is enacted by the Town Board of the
Town of Rush in accordance with the procedures set forth in § 10
of the Municipal Home Rule Law of the State of New York and the Local Law
Adoption Procedure Law of the Town of Rush under the authority of the provisions
of Article 16 of the Town Law of the State of New York, which empowers the
Town Board to regulate and restrict the height, number of stories and size
of buildings and other structures, the percentage of lots that may be occupied,
the size of yards, courts and other open spaces, the density of population,
and the location and use of buildings, structures and land for trade, industry,
residence or other purposes and to establish penalties for the violation of
such regulations, and § 130, Subdivision 21, of the Town Law of
the State of New York, which empowers the Town Board to regulate house trailer
camps, tourist camps or similar establishments.
B.
The regulations contained in this chapter have been made
to promote the health, safety, comfort, convenience and general welfare of
the community; to protect and preserve the property of the Town of Rush and
its inhabitants by regulating mobile home parks in the Town of Rush; to provide
diversity in housing choice and greater opportunities for obtaining moderate-cost
housing; and to encourage the development of well-planned mobile home parks.
B.
LOT
MOBILE HOME PARK
MOBILE HOME STAND
The following words or phrases as used in this chapter
are defined as follows:
Any section, portion or plot of a mobile home park devoted to the
use of the occupants of an individual mobile home.
A parcel of land under single ownership which has been planned and
improved for the placement of two or more mobile homes for nontransient residential
use.
That part of a lot which has been reserved and improved for the placement
of a mobile home, appurtenant structure or additions.
A.
Utilities. All utilities, as defined in § A125-4A of Chapter A125, Design Criteria and Construction Specifications, of the Code of the Town of Rush, whether intended to be dedicated to the Town or maintained in private ownership, shall be designed and constructed in conformance with the standards and regulations prescribed by Chapter A125, Design Criteria and Construction Specifications.
B.
Electrical requirements. Provisions shall be made for
an electrical wiring system consisting of wiring fixtures, equipment and appurtenances
which shall be installed and maintained in accordance with Niagara Mohawk
Power Corporation specifications and regulations. All wiring fixtures and
connections must have the New York State Board of Underwriter's approval.
Each lot shall be provided with an approved disconnecting device and overcurrent
protection equipment. The minimum service to each lot shall be a connection
for 120/240 volts, 100 amperes, 60 Hz A.C.
C.
Fuel supply and storage. Provisions shall be made for
facilities for the safe storage of necessary fuels. All systems shall be installed
and maintained in accordance with applicable codes and regulations governing
such systems. Specific requirements shall be as follows:
(1)
Natural gas installations shall be planned and installed
so that all components and workmanship comply with the requirements of the
American Gas Association, Inc., and conform to the requirements, inspections
and approval of the Rochester Gas and Electric Corporation.
(2)
Fuel oil systems with either common or individual supplies
shall be designed, constructed, inspected and maintained in conformance with
the provisions of the National Fire Protection Association, Standard 30. All
fuel oil storage tanks, whether provided as a bulk supply for a group of homes
or on each individual lot, shall be landscaped and screened from public view.
(3)
Liquefied petroleum gas systems shall be selected, installed
and maintained in compliance with the requirements of the National Fire Protection
Association, Standard 58.
D.
Recreation areas. A mobile home park shall have one or
more recreation areas which shall be easily accessible to all park residents.
An outdoor recreation area shall contain at least 5,000 square feet. If there
are over 30 lots, 200 square feet shall be provided for each lot. Recreation
areas shall be so located as to be free of traffic hazards and should, where
the topography permits, be centrally located. The Planning Board may specify
such conditions on the ownership, use, and maintenance of recreation areas
as it deems necessary to assure their preservation for their intended purposes.
E.
Community facilities. If a mobile home park is to include
community facilities shall as meeting rooms, recreation buildings, laundry
rooms, swimming pool, and central mail distribution, the site plan shall include
details of these facilities and the applicant's statement of intent to provide
adequate supervision and management of such facilities. All park facilities
shall be landscaped with trees, shrubs, and grass and shall provide adequate
paved off-street parking space.
A.
Parking areas and/or driveways: Two off-street parking
spaces shall be provided for each lot. The parking spaces shall be constructed
of concrete, bituminous asphalt or a minimum of six inches of compacted gravel.
They may be grouped for each two mobile homes. Such grouping shall provide
a parking area not less than 36 feet wide by 20 feet deep. A supplemental
parking area shall be provided in each park for the storage or temporary parking
of all auxiliary vehicles.
B.
Mobile home stands:
(1)
The area of the mobile home stand shall be improved to
provide an adequate foundation as specified by the New York State Uniform
Fire Prevention and Building Code for construction, installation, placement
and tie-down of the mobile home.
(2)
The mobile home stand shall not heave, shift or settle
unevenly under the weight of the mobile home due to frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
(3)
The mobile home stand shall be provided with support
systems as specified by the New York State Uniform Fire Prevention and Building
Code.
A.
The park owner shall maintain every roadway within a
mobile home park in good repair and open at all times reasonably possible
for travel by occupants of the park and fire, police, ambulance, public utility
maintenance and fuel supply vehicles. The park owner shall be responsible
for providing and paying the cost of such maintenance and all necessary snow
removal and ice control.
B.
The park owner shall operate the park in compliance with
this chapter and all other applicable laws and shall provide adequate supervision
to maintain the park, its common grounds, streets, facilities and equipment
in good repair and in a clean and sanitary condition.
C.
The park owner shall make provisions for sanitary equipment
to prevent littering of the grounds and premises with rubbish, garbage, and
refuse, Disposal shall be provided for all rubbish, trash, and garbage at
least once weekly by the park owner.
D.
The park owner shall notify park occupants of all applicable
provisions of this chapter and inform them of their responsibilities thereunder.
E.
The park owner or a delegated representative shall place
or supervise the placement of each mobile home on its mobile home stand, including
securing all tie-downs and installing all utility connections.
F.
The park owner shall promptly notify the Town of changes
in ownership or management of the park.
G.
The park owner shall supply the Rush Town Clerk with
a current copy of any rules and regulations of the park.
A.
Each park occupant shall be responsible for the maintenance
of his or her mobile home and any appurtenances thereto and shall keep his
or her lot in a neat and sanitary condition and free of litter, rubbish and
junk.
B.
Each park occupant shall enclose the space beneath his
or her mobile home with a securely fastened, noncombustible material within
30 days of occupancy. Materials used for skirting shall provide a finished
exterior appearance and shall be similar in character to the material used
in the mobile home.
A.
An enclosure or addition attached to the exterior of
a mobile home must be compatible with the appearance of the mobile home, meet
all appropriate codes and be securely fastened in place.
B.
A building permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition or detached accessory structure, and the application therefor must show a detailed plan of the proposed construction, showing compliance with the terms of this chapter and Chapter 120, Zoning. The park owner must indicate his consent on the application.
Any use by the park owner of any of the premises within the mobile home
park other than as a mobile home park, including sale of mobile homes, or
any sale of a mobile home space or lot or portion of a mobile home park, as
shown on the plan of such park approved by the Planning Board, shall immediately
invalidate the special permit for such park approved by the Planning Board.
A.
This chapter shall be enforced by the Code Enforcement
Officer and/or the Fire Marshal of the Town of Rush.
B.
Said officers and their inspectors shall be authorized
and have the right in the performance of their duties to enter any mobile
home park and make such inspections as are necessary to determine satisfactory
compliance with this chapter and regulations issued thereunder. Such entrance
and inspection shall be accomplished at reasonable times, after prior notice
to the park owner and, in emergencies, whenever necessary to protect the public
interest. Owners, agents or operators of a mobile home park shall be responsible
for providing access to all parts of the premises within their control to
the enforcement officer or to his inspectors, acting in accordance with the
provisions of this chapter.
C.
Before occupancy of any mobile home, a certificate of
occupancy must be obtained from the Code Enforcement Officer.
A.
Upon determination by the enforcement officer that there
has been a violation of any provision of this chapter, he shall serve upon
the owner or operator of such mobile home park an initial order, in writing
and by registered or certified mail, directing that the conditions therein
specified be corrected within such period of time after the date of delivery
of such order as determined appropriate by the enforcement officer.
B.
If after the expiration of such period, such violations
are not corrected, the enforcement officer shall serve a notice, in writing,
upon such mobile home park owner or operator, requiring the owner or operator
to appear before the Planning Board of the Town of Rush at a time to be specified
in such notice to show cause why the mobile home park special permit should
not be revoked. Such hearing before the Planning Board shall occur not less
than 48 hours, nor more than 10 days, after the date of service of said notice
by the enforcement officer.
C.
Within 10 days after the hearing at which the testimony and witnesses of the enforcement officer and the mobile home park owner shall be heard, the Planning Board shall makes determination in writing, sustaining, modifying or withdrawing the order issued by the enforcement officer, as directed by Subsection A of this section. Failure to abide by any Planning Board determination to sustain or modify the initial order of the enforcement officer and to take corrective action accordingly shall be cause for the revocation of the mobile home park special permit by such order and determination.
[Amended 11-9-2005 by L.L. No. 2-2005]
Failure to comply with any provision of this chapter shall be deemed
a violation, punishable by a fine not exceeding $350 or imprisonment for a
period not to exceed 15 days, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within a
period of five years, punishment by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed 15 days, or both; and, upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed 15 days, or both.
Each week's continued violation shall constitute a separate additional violation.
This chapter shall be interpreted in such a way, wherever possible,
that the meaning of the words and phrases and sections herein shall make them
valid and legal in their effect.
