Town of Stillwater, NY Chapter 134 Manufactured Homes and Manufactured Home Parks

[HISTORY: Adopted by the Town Board of the Town of Stillwater 2-20-2014 by L.L. No. 1-2014.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 210.

[1] Editor’s Note: This local law also superseded former Ch. 134, Mobile Homes, Mobile Home Parks and Travel Trailers, adopted 8-29-1974.

§ 134-1 Title.

This chapter shall be known as the "Manufactured Home and Manufactured Home Park Ordinance of the Town of Stillwater" and is intended to replace, in its entirety, existing Town Code Chapter 134, Mobile Home, Mobile Home Parks, and Travel Trailers Ordinance.

§ 134-2 Purpose.

The purpose of this chapter is to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of the Town of Stillwater and of its inhabitants by establishing specific requirements and regulations governing the occupancy and maintenance of manufactured homes and manufactured home parks.

§ 134-3 Definitions.

For the purposes of this chapter, the following words, terms and phrases shall have the meaning ascribed to them in this section:

CODE ENFORCEMENT OFFICER

The individual responsible for the administration and enforcement of this Chapter, Chapter 210, Zoning, and Chapter 176, Subdivision of Land.

MANUFACTURED HOME

A structure transportable in one or more sections that, in the traveling mode, is eight feet or more in width or 40 feet or more in length or when erected on site is 320 square feet minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all requirements of this definition except the size requirement and with respect to which the manufacturer voluntarily files a certification required by the federal Department of Housing and Urban Development and complies with the standards established under the National Manufactured House Construction and Safety Act of 1974,[1] as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle. A label certifying compliance with the Standard for manufactured homes, NFPA 501, ANSI A119.1 in effect at the time of manufacture is deemed acceptable. For the purpose of these provisions, a mobile home shall be considered a manufactured home. This definition of manufactured home includes all additions which are purchased and added thereto or additions made subsequent to installation. This definition of manufactured home does not include any factory manufactured modular housing placed on a standard foundation nor does it include a recreational vehicle.

MANUFACTURED HOME INSTALLATION

Construction which is required for the installation of a manufactured home, including the construction of the foundation system, required structural connections thereto and the installation of the on-site water, gas, electrical and sewer systems and connection thereto which are necessary for the normal occupancy of the manufactured home.

MANUFACTURED HOME LOT

A manufactured home lot is a designated site which is located within a manufactured home park for the accommodation of one manufactured home and its occupants.

MANUFACTURED HOME PARK

A manufactured home park is any parcel of land which is improved or occupied for the placement of two or more manufactured homes which are used as dwellings intended for occupancy for more than 30 consecutive days.

MANUFACTURED HOME STAND

The area prepared for the placement and support of a manufactured home.

MANUFACTURED HOME STANDARDS

The Manufactured Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development.

OCCUPANT

Any individual living or sleeping in a manufactured home or having possession or use of a space within a manufactured home.

UNIFORM FIRE PREVENTION AND BUILDING CODE

The code, called the New York State Uniform Fire Prevention and Building Code (the "Uniform Code"), which took effect January 1, 1984 and prescribes minimum standards for both fire prevention and building construction. The Uniform Code is applicable in every municipality of the state (except the City of New York, which was permitted to retain its own code).

[1] Editor's Note: See 42 U.S.C.A. § 5401 et seq.

§ 134-4 New manufactured home parks prohibited.

There shall be no new approval or establishment of manufactured home parks in the Town of Stillwater after the effective date of this chapter.

§ 134-5 Existing nonconforming manufactured home parks.

A. Requirements for qualification as a legal nonconforming use manufactured home park. A manufactured home park shall qualify for status as a legal nonconforming use, provided that the park was in existence prior to August 29, 1974 or legally permitted by the Town of Stillwater after this date and legally located in the Town at the date of the adoption of this chapter.

B. Manufactured home parks that fail to qualify for nonconforming status. All manufactured home parks which fail to qualify for legal nonconforming status for whatever reason shall be closed, with all manufactured home 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.

C. Compliance requirements. Any manufactured home park which qualifies as a legal nonconforming use pursuant to the provisions of this chapter shall comply with the following requirements:

(1) It shall comply with all applicable federal and state laws, rules and regulations.

(2) It shall comply with all provisions contained in this regulation, including securing the annual permit issued by the Town of Stillwater, including payment of required fees.

§ 134-6 Permit requirement for existing manufactured home parks.

A. Initial permit required for existing manufactured home parks.

(1) All manufactured home parks existing as of the effective date of this chapter shall apply to the Code Enforcement Officer for an initial permit within 60 days after adoption of this chapter. This permit shall be renewed annually and must be kept current in order to operate a park. If the applicant for a permit is not the owner of the manufactured home park to which the application pertains, the application shall be accompanied by an original or certified copy of a lease of the premises to the applicant and a statement signed and acknowledged by the owner or owners of the premises consenting that the premises be used as a manufactured home park. Permits shall not be transferable or assignable.

(2) Information required for the initial permit, and annual renewals, are the same and must include a current map drawn to scale showing all existing lots. The map shall indicate if each lot is vacant or occupied at the time of application. Additional information required shall include:

(a) The name and address of the owner of the manufactured home.

(b) The name and address of each occupant of the manufactured home and specifically identifying occupants that are within the age requirements to attend public schools as of July 1 each year.

(c) The registration year and number of the manufactured home and the state in which so registered.

(d) The make or factory name, the year of manufacture, the exterior color, number of rooms and the overall dimensions of the manufactured home, including any additions.

(e) A colored photograph showing the exterior of the home.

(f) The number and issuance date of the certificate of occupancy.

(g) The number and address of the manufactured home lot upon which such manufactured home is located.

(h) The date of the departure of the manufactured home from the park.

(3) Upon receipt of the completed application and required annual fee, and approval of the application, the Code Enforcement Officer shall issue such permit to be effective for a period of one year commencing on the date of approval.

(4) After 120 days from the date of adoption of this chapter, no new building permits will be issued until the annual permit described in § 134-6B of this chapter is obtained.

B. Permit renewal for manufactured home parks. A completed application and annual fee for the renewal of any manufactured home park permit shall be submitted to the Code Enforcement Officer on or before the 60th day before the expiration date of the current permit.

C. Fees. To defray a portion of the cost incurred by the Town for permitting, inspection and compliance verification, the owner of a manufactured home park shall pay an annual fee. The amount of the fee shall be $100, plus $10 for each lot, whether occupied or vacant.

§ 134-7 Required recordkeeping for manufactured home parks.

The owner of each manufactured home park shall keep a record of information required in § 134-6A of this chapter. These records shall be available for inspection by the Code Enforcement Officer upon request. Records shall be kept current and for a minimum period of seven years after a manufactured home leaves the park. An up-to-date copy of all forms, or a spreadsheet or database printout containing all required information, shall be provided to the Code Enforcement Officer on January 1 annually and at other times when requested by the Code Enforcement Officer.

§ 134-8 Building permit and certificate of occupancy requirements for manufactured home parks.

A. Building permit. A building permit shall be required prior to the installation of each manufactured home to be installed in the park as well as prior to the relocation of every manufactured home within the park. A building permit application reflecting compliance with the New York State Uniform Fire Prevention and Building Code and sections of this chapter must be submitted to the Code Enforcement Officer on the forms provided by the Town. Building permits will not be issued if the park permit is not current or until payment of the required fee.

B. Certificate of occupancy. Upon obtaining from the Code Enforcement Officer notice that the manufactured home unit foundation and installation have passed its inspection, the applicant may proceed with obtaining a certificate of occupancy from the Code Enforcement Officer, and only then may said manufactured home unit be used as a dwelling unit. An individual certificate of occupancy must be obtained for each and every manufactured home unit placed or relocated in the park.

§ 134-9 Requirements when changes are made to a manufactured home within existing manufactured home parks.

Any change to an individual manufactured home (including, but not limited to, replacement or relocation) shall trigger the following requirements:

A. Manufactured home lot.

(1) Each manufactured home shall be placed on a lot having a total area of not less than 6,000 square feet with a minimum width of 75 feet for a single-wide manufactured home or a minimum of 8,000 square feet with a minimum width of 100 feet for a double-wide manufactured home.

(2) Each manufactured home lot must have iron pins set by a licensed surveyor for the comers of each lot. Pins shall be a minimum of 24 inches in length and 1/2 inch in diameter. No home may be located on a lot prior to placement of the boundary corner pins.

B. Manufactured home.

(1) All manufactured homes placed in manufactured home parks after this chapter is enacted shall be compliant with Article 21-B of New York State Executive Law, 19 NYCRR Part 1210 and HUD regulations. The home shall bear both a New York State warranty seal and HUD seal prior to placement.

(2) Any manufactured home or attachment shall not be parked or otherwise located nearer than a distance of:

(a) At least 15 feet from all manufactured home lot lines.

(b) At least 75 feet from the park property line.

(c) At least 100 feet from the right-of-way line of public street or highway.

(d) At least 20 feet from the nearest edge of any roadway located within the park.

(3) Only one manufactured home shall be permitted to occupy each manufactured home lot.

(4) Each manufactured home must be provided with perimeter skirting to hide all wheels, chassis and other appurtenances under the home, to be installed not later than 30 days after the home is placed on its stand.

C. Manufactured home installation. Each manufactured home shall be placed on a stand constructed and installed in accordance with all requirements of the New York State Fire Prevention and Building Code, latest edition. A copy of all data required in § 134-6A must be provided to the Code Enforcement Officer prior to placement in a park. Every home must be inspected by the Code Enforcement Officer prior to being placed in a park.

§ 134-10 Requirements when new major reconstruction occurs within an existing manufactured home park.

Any major reconstruction involving the equivalent of one quarter or more of the total number of lots in an existing park shall trigger the following requirements:

A. Site.

(1) Grades and soil conditions shall be suitable for use as manufactured home sites.

(2) All areas shall be well-drained and properly graded to insure rapid drainage and be free at all times from stagnant pools of water.

(3) All areas shall be free from heavy or dense growth of brush and woods.

(4) The park shall be at least five acres in size, with at least 300 feet frontage on a public highway.

(5) The maximum lot coverage shall not be greater than 40%. Coverage includes all buildings, structures, pavement or other impermeable surfaces, but not including stored merchandise such as cars.

(6) There shall be no signs except for the sign or display at each entrance to the park from a public road indicating the name of the manufactured home park.

(7) Permanent structures must be set back a minimum of 20 feet from any property line and 75 feet from the highway right-of-way.

B. Accessibility.

(1) Each manufactured home park shall have a curb cut on an existing public highway or street. No dead-end streets or cul-de-sac shall be permitted in any manufactured home park.

(2) Entrances and exits shall be located at a minimum distance of 100 feet between them, for the safe and convenient movement into and out of the park.

(3) All entrances and exits shall be at right angles to the existing public highway or street.

(4) All entrances and exits shall be free of all objects which would impede the visibility of the driver entering or exiting a public highway or street for a distance of 20 feet from the edge of pavement of the public highway and park road.

(5) All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with manufactured homes attached.

C. Streets and drives. Streets shall be improved to meet the same standards as required by the Town of Stillwater subdivision regulations for major subdivisions.

D. Parking.

(1) Two off-street parking spaces shall be provided on each manufactured home lot. (This requirement may be satisfied by driveway parking areas.) The parking spaces shall be surfaced with an all-weather, dustless material. Each parking space shall have a minimum width of nine feet and a minimum length of 18 feet.

(2) Additional off-street parking spaces shall be provided at strategic and convenient locations as follows:

(a) There shall be one such parking space for every two manufactured home lots within the park.

(b) Such parking space shall be provided in bays of a dimension of nine feet by 18 feet which shall provide for adequate maneuvering space, at the standard of 350 square feet per lot for total parking and maneuvering.

E. Utilities and service facilities.

(1) Utilities.

(a) All manufactured homes shall be 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 antenna as mounted may exceed 40 feet in height measured from the ground.

(e) Every manufactured home lot shall have its utility connections designed to have the shutoff connections near the street curb and not under or at the manufactured home unit not at the rear of the lot.

(f) A storm drainage system designed to convey all stormwater into natural watercourses and to maintain the park area free from standing pools of water shall be installed.

(g) Garbage cans with tight-fitting covers shall be used by the manufactured home occupants in quantities sufficient to contain disposal of all garbage and rubbish. The cans shall be kept in a sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that such cans do not overflow. Trash collection areas shall be screened by opaque fencing and/or plantings.

(h) Service buildings shall be provided as deemed necessary for the normal operation of the park. Such buildings shall be maintained by the owner or manager of the park in a clean, sightly and sanitary condition.

(i) Each manufactured home lot shall be provided with weatherproof electric service connections and outlets which are a type approved by the New York State Board of Fire Underwriters.

(j) Mailboxes shall be clustered and located near the main entrance road and comply with standards of the United States Postal Service.

(2) Utilities requiring New York State Department of Health approval.

(a) An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all manufactured home lots and buildings within the park to meet the requirements of the park. Each manufactured home lot shall be provided with sufficient water connections.

(b) Each manufactured home lot shall be provided with a sewer which shall be connected to the manufactured home situated on the lot, to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in such home. The sewer shall be connected to a public sewer system or one approved by the New York State Department of Health, so as not to present a health hazard. Sewer connections in unoccupied lots shall be sealed to prevent the emission of any odors and the creation of breeding places for insects.

F. Open space.

(1) Each manufactured home park shall provide common open space for the use by the occupants of such park.

(2) Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least 10% of the gross land area of the park or at the rate of 1,500 square feet per manufactured home lot, whichever is greater. (Such open space areas shall be at least one acre.)

G. Landscaping.

(1) Lawn and ground cover shall be provided on those areas not used for the placement of manufactured homes and other buildings, walkways, roads and parking areas.

(2) Planting or screening shall be provided and maintained to the extent needed in order to provide for the screening of views as follows:

(a) Screen planting or fencing shall be provided to screen views of nonresidential uses, garbage storage and collection areas, and fuel tanks.

(3) Grass or ground cover shall be provided on all areas subject to erosion.

§ 134-11 Inspection rights, enforcement procedures and penalties related to manufactured home parks.

Right of inspection, enforcement procedures and penalties (including revocation of a park's permit) shall be consistent with the Town of Stillwater's Zoning Code chapters, §§ 210-142B and C; 210-143; and 210-144.

§ 134-12 Manufactured homes outside manufactured home parks.

A. Prohibition of manufactured homes outside parks. No manufactured home may be placed at any location outside existing manufactured home parks effective the date of adoption of this chapter except as permitted in § 134-12G of this chapter.

B. Requirements for qualification as a legal nonconforming use outside manufactured home parks. An existing manufactured home located outside a manufactured home park on the date of enactment of this chapter shall qualify for status as a legal nonconforming use, provided that:

(1) The manufactured home unit was legally in existence and legally located in the Town prior to August 29, 1974;

(2) The manufactured home was erected after August 29, 1974, and complied with existing Zoning regulations in effect at the time of installation at the current location, and obtained a Town of Stillwater building permit authorizing said manufactured home to be erected at its current location.

C. Manufactured homes that fail to qualify for nonconforming status.

(1) A manufactured home unit that fails to qualify as a legal nonconforming use shall:

(a) Be relocated into a manufactured home park which complies with provisions of this chapter; or

(b) Said manufactured home unit shall immediately be removed from the Town.

(2) One extension of the time within which any such manufactured home unit must be relocated may be granted by the Code Enforcement Officer for a period not to exceed one year upon documentation provided by the applicant for the extension that compliance, other than relocation outside the Town, is not possible due to the fact that no manufactured home park within the Town which complies with the provisions of this chapter has a vacancy reasonably suitable for the subject manufactured home unit.

D. General requirements for legal nonconforming manufactured homes outside manufactured home parks.

(1) A manufactured home placed outside a manufactured home park, which qualifies as a legal nonconforming use at the time of the enactment of this chapter and occupied as a dwelling, may be continued to be used as a dwelling provided it meets all federal and state laws related to manufactured homes and all applicable parts of this regulation.

(2) If the owner of the existing manufactured home desires to replace the manufactured home with another manufactured home on the same lot, he or she shall obtain a building permit and shall meet all of the following requirements:

(a) All manufactured homes placed on individual lots shall be constructed and installed in compliance with all federal, state and Town of Stillwater laws and regulations for single-family homes.

(b) The gross floor area of such manufactured home shall not be less than the existing home.

(c) All manufactured homes shall have pitched roofs with a minimum pitch of four on 12 and all roof components shall be constructed as an integral part of the home by the manufacturer of the home. The roof components must have been included at the time the home was originally manufactured (not added on site).

(d) No occupied manufactured home outside a manufactured home park shall be parked or placed nearer than:

[1] A distance of at least 50 feet from the nearest right-of-way line of any public highway or street.

[2] A distance of at least 20 feet from any adjacent property line.

[3] Each manufactured home shall have at least 100 cubic feet of accessory storage space either in the basement (as defined in Chapter 210, Zoning, of the Code of the Town of Stillwater) below the manufactured home or in an accessory building.

E. Unoccupied manufactured homes. Any manufactured home, located outside a manufactured home park, that becomes unoccupied for a continuous period of 12 months for any reason, shall no longer be designated a legal nonconforming use, and be subject to the conditions of § 134-12C of this chapter. It is the owner's responsibility to provide proof of occupancy time periods when requested by the Code Enforcement Officer.

F. Prohibition of Temporary Parking of manufactured homes on Public Streets. No occupied manufactured home shall be parked or allowed to remain upon any street, highway or other public place, except that emergency stopping or parking, when caused by mechanical failure, shall be permitted upon the shoulder of any street or highway for a period of not more than 72 hours; subject, however, to any prohibition or limitation imposed by other regulations or laws.

G. Temporary use of a manufactured home after fire/natural disaster. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the Code Enforcement Officer may issue a temporary permit to allow the use of a freestanding manufactured home on a single-family lot during reconstruction of the original residence subject to required water and sanitary facilities. Such temporary permit shall be effective for a maximum period of 12 months or until a certificate of occupancy is issued for the permanent structure, whichever occurs first, at which time the manufactured home must be removed. There will be no time extensions granted for renewal of a temporary permit.

§ 134-13 Penalties for offenses.

Any person who violates a provision of this chapter which does not contain specific penalties shall be guilty of a violation and subject to penalties as described in the Town of Stillwater Zoning Code, § 210-144.

§ 134-14 Issuance of permit not to waive compliance with other statutes or ordinances.

The issuance of any permit pursuant to the provisions of this chapter shall not be deemed to waive compliance by any person with any statute of the State of New York or law, ordinance or health regulation of the Town or of the county.

§ 134-15 Exceptions.

A manufactured home may be located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work or tool house in connection with such project, provided that such manufactured home is removed from such site within 30 days after the completion of such project.

§ 134-16 Effective date.

This chapter shall take effect immediately upon its filing with the New York State Department of State, and immediately as against any person who is personally served with a certified copy thereof in accordance with Town law of the State of New York.