[HISTORY: Adopted by the Town Board of the
Town of Rochester 2-5-1987 by L.L. No. 4-1987; amended in its entirety 11-8-2004 by L.L. No.
6-2004. Subsequent amendments noted where applicable.]
The Town Board of the Town of Rochester, recognizing
that many Town residents wish to reside in what are known as "manufactured
homes," hereby adopts this chapter, pursuant to its power to adopt
local laws relating to public health, safety and welfare. The purpose
of this chapter is to regulate the age of manufactured homes located
in the town, so as to ensure that all new installations of manufactured
homes conform to minimum safety standards. It is the further purpose
of this chapter to provide that each manufactured home installation
shall not become an eyesore and shall be used only for residential
purposes.
As used in this chapter, the following terms
shall have the meanings indicated:
Any residence which is designed to be transported
to a home site and which is used, designed to be used or capable of
being used as a detached single-family residence and which is intended
to be occupied as permanent living quarters, containing sleeping accommodations,
a flush toilet, a tub or shower, kitchen facilities and plumbing and
electrical connections for attachment to outside systems. For purposes
of these regulations, manufactured homes are divided into the following
three types:
TYPE 1New manufactured homes certified as meeting the Manufactured Home Construction and Safety Standards of the United States Department of Housing and Urban Development and the relevant provisions of the New York State Uniform Fire Prevention and Building Code.
TYPE 2Used manufactured homes determined, upon inspection by the Building Inspector, to comply with the New York State Uniform Fire Prevention and Building Code, as it exists at the time of such inspection.
TYPE 3Mobile homes which do not meet the standards for Type 1 or Type 2 manufactured homes but which were permanently and legally established on a premises prior to August 10, 1983.
The term "manufactured home" shall not be construed
to include a modular home or a recreation vehicle.
Dwelling unit consisting of two or more major segments constructed
off-site, which complies with the New York State Uniform Fire Prevention
and Building Code, and designed to be transported to a site for permanent
assembly and anchoring to a permanent foundation and to become a fixed
part of the real estate.
A vehicular, portable structure without a permanent foundation
or supports, which can be towed, hauled or driven, which is not designed
for permanent connection to utility systems and is primarily designed
for use as temporary living accommodations for recreational, camping
or travel purposes. Such vehicles include but are not limited to travel
trailers, truck campers, camping trailers and self-propelled motor
homes.
A.
Wherever permitted by these regulations, whether by right or subject to a special use permit, a single manufactured home shall comply with all area, bulk and parking requirements as apply to a one-family dwelling in the same district as established by Chapter 140, Zoning. A single manufactured home is any such home not located in an approved manufactured home park.
B.
Mobile homes, other than Type 1, Type 2 and Type 3
as defined herein, are prohibited in any zoning district in the Town
of Rochester.
C.
All manufactured homes shall have a permanent supply
of potable water and sewage disposal system in accordance with the
requirements of the Ulster County Health Department.
D.
Distribution systems for electricity, gas, telephone
and fuel oil service to manufactured homes shall be installed and
maintained in accordance with all applicable state and local regulations.
E.
Mobile homes are subject to all applicable provisions
of those regulations and local laws of the Town of Rochester pertaining
to building permits and certificates of occupancy.
F.
No manufactured home which is not being used for dwelling
purposes may occupy any premises in the Town of Rochester other than
bona fide manufactured home sales establishments.
G.
All manufactured homes must be covered with an exterior
material customarily used on conventional dwellings. The exterior
covering must extend to the foundation or to the start of skirting.
H.
Each manufactured home main roof shall have a minimum
pitch of one foot rise for three feet of horizontal run and shall
be covered with conventional roofing material.
I.
Permanent handrails and landing steps are required
at each exterior doorway.
J.
No manufactured home may be placed on a lot until
sewage disposal systems, water supply, driveway, electrical power,
and manufactured home stand have been installed, are operational,
and approved by the appropriate local, county, or state agencies.
A.
All towing devices, wheels, axles, hitches, tongues,
or any other appurtenances of mobility shall be removed. Each manufactured
home lot shall be furnished with a stand of adequate foundation in
the form of a concrete slab that meets the manufacturer's specifications,
soil conditions, or other relevant characteristics of each site. The
slab shall not heave, shift, or settle unevenly under the weight of
the manufactured home due to frost action, inadequate drainage, vibration,
or other forces acting on the superstructure, The home site and slab
shall be suitably graded to permit rapid surface drainage.
B.
Anchors and tie-downs shall be applied as per manufacturer's
specifications, but in no case may the structural frame of the manufactured
home be attached to the foundation in less than four places in such
a manner as to insure the stability of the manufactured home.
C.
All homes not on a permanent, closed foundation, set
below frost line shall be skirted with either vinyl or masonry-type
materials such as cement, concrete, brick, or natural stone. The skirting
must be applied in a permanent manner and shall extend from the side
of the wall of the manufactured home to the adjacent stand at all
points. Wood, wood products, metal, plastic (other than vinyl), or
other nonmasonry materials will not be allowed as skirting. A removable
area shall be mandated for accessibility for repairs and/or maintenance
under the manufactured home.
A.
Notwithstanding any other provisions herein, a Type
3 manufactured home may remain on the premises on which it was originally
established subject only to conditions previously imposed as part
of such establishment and provided that the manufactured home is used
only for dwelling purposes.
B.
Any Type 3 manufactured home may be replaced with another manufactured home on the same premises. However, such replacement shall only be a Type 1 or Type 2 manufactured home, subject to the standards and regulations of §§ 99-3 and 99-4 above. Immediately upon replacement of the Type 3 manufactured home, the Type 3 manufactured home must be removed from the premises.
A.
Penalty and/or fines. For every violation of any provisions
of this chapter, the person(s) so convicted shall be subject to a
minimum fine of $200 and a maximum fine of $1,000 or imprisonment
not to exceed 30 days, or both.
B.
Civil penalty. Any person violating this chapter shall
be subject to a civil penalty, enforceable and collectible by the
town, in the amount of $100 for each such offense for each day that
the offense is permitted to continue. Such penalty shall be collectible
in the name of the Town of Rochester.
C.
Violation compliance. In addition to the above provided
penalties and punishment, the Town Board may also maintain an action
or proceeding in the name of the town in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of this chapter.
