[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-1984 by L.L. No. 1-1984
as Ch. 28 of the 1984 Code]
This article shall be known and may be cited
as the "Mobile Home Park Law of the Village of Waterloo, New York."
It is the purpose of this article to promote
the health, safety, comfort, convenience and general welfare of the
community and to protect and preserve the property of the Village
of Waterloo and its inhabitants. Among the reasons for proposing this
article are to:
As used in this article, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
The Village Clerk-Treasurer as hereinafter defined.
[Amended 5-13-1991 by L.L. No. 5-1991]
A portable unit designed and built to be towed on its own
chassis, comprised of frame and wheels, connected to utilities and
designed to be without a permanent foundation for year-round living.
This definition does not include travel trailers, motorized homes,
pickup coaches or camping trailers.
A parcel of land reserved for the placement of a single mobile
home and the exclusive use of its occupants.
A parcel of land which has been planned and/or improved for
the placement of two or more mobile homes for nontransient use.
A mobile home park.
A written permit issued by the Board of Trustees permitting
the construction, alteration and extension of a mobile home park under
the provisions of this article and regulations issued hereunder.
The line between lands set aside for a mobile home park and
adjacent property.
The Village Clerk-Treasurer of the Village of Waterloo.
A.
Permit. It shall be unlawful for any person to establish
or construct a mobile home park within the Village of Waterloo without
first obtaining a permit therefor from the Board of Trustees, and
it shall be unlawful for any person to alter or add to any existing
mobile home park within the Village of Waterloo without first obtaining
a permit therefor from the Board of Trustees.
B.
License. It shall be unlawful for any person to maintain
and operate a mobile home park within the Village of Waterloo without
first obtaining a license therefor from the Board of Trustees.
A.
An application for a permit must be filed with the
Village Clerk-Treasurer. A filing fee as established from time to
time by resolution of the Board of Trustees shall accompany the application
for a mobile home park permit.
[Amended 7-12-1999 by L.L. No. 3-1999]
B.
A mobile home park permit application must also include
two copies of a detailed plan at a scale of not more than 200 feet
to the inch and showing:
(1)
Title of the sketch and the name and address of the
owner.
(2)
North arrow, scale and date.
(3)
Boundaries of the entire tract to be developed.
(4)
A topographic map showing:
(a)
Ground contours adjacent to and within the tract
to be developed with vertical intervals of not more than five feet
between contours or at such intervals as will result in contour lines
not more than 100 feet apart.
(b)
All pertinent topographical and planimetric
features within and adjoining the tract.
(c)
Existing buildings, watercourses, water bodies,
swamps, wooded areas, underground transmission lines and individual
large trees.
(d)
Features to be retained in the park.
(e)
Lines of proposed streets, sidewalks and mobile
home lots.
(f)
Proposed system for stormwater drainage in plan
and profile.
(g)
Provision for water supply and sewage disposal
in plan and profile.
[Amended 5-13-1991 by L.L. No. 5-1991]
The Board of Trustees shall schedule a public
information meeting within 60 days from the time of submission of
an application for a mobile home park permit or license.
[Amended 5-13-1991 by L.L. No. 5-1991]
A.
Issuance. After such time that all rules, regulations
and applicable laws have been complied with, including Article 8 of
the Environmental Conservation Law, commonly known as the "State Environmental
Quality Review Act," and any rules and regulations promulgated pursuant
thereto, and the application for a mobile home park permit and license
has been approved by the Board of Trustees, the licensing officer
shall issue a permit to establish and construct a mobile home park
and a license for the operation and maintenance thereof. Such license
shall be for a period of 12 months and shall be renewable on June
15 of each year.
B.
License renewal. Application for renewal of a license
must be made on or before the first day of June prior to the expiration
date. At that time the Code Administration Officer shall make an inspection
of the mobile home park to determine whether compliance with the provisions
of this article and all other rules and regulations and applicable
laws has been met. After proper examination and notification, a renewal
license shall be issued by the licensing officer. The fee for renewal
of a license shall be as established from time to time by resolution
of the Board of Trustees.
[Amended 7-12-1999 by L.L. No. 3-1999]
C.
Transfer. A license for a mobile home park is not
transferable without permission. A new application must be submitted
by any subsequent owner which shall be processed in the same manner
as a renewal license. The fee for a transfer of license shall be as
established from time to time by resolution of the Board of Trustees.
[Amended 7-12-1999 by L.L. No. 3-1999]
A.
License required. Owners of existing mobile home parks
must be licensed within one year after the effective date of this
article.
C.
Additions or alterations. Any mobile home park or
addition or alteration thereto which is to be constructed or which
is in the process of being constructed shall conform to the requirements
of this article, and no person shall resume operation of any mobile
home park operated prior to the effective date of this article and
which ceased operation thereafter without first conforming to all
the requirements of this article.
Every mobile home park shall be under the direct
management of the owner or licensee or his or her agent or representative.
Such person shall:
A.
Operate such park from an office within or immediately
adjacent to the park.
B.
Maintain a bound book containing a record of the names
of all persons domiciled at the park and their home addresses.
C.
Maintain an accurate record of the make, model number
and year of each mobile home within the park. This record shall be
available to the Code Administration Officer.
Each lot shall meet the following requirements:
B.
The corners of each mobile home lot shall be clearly
defined and permanently marked on the ground.
C.
Only one mobile home shall be located on a lot.
D.
The minimum size of a mobile home within a park shall
be not less than 720 square feet of floor space, and no mobile home
shall be moved into or placed within a mobile home park which has
less than 720 square feet of floor space.
[Amended 5-13-1991 by L.L. No. 5-1991]
E.
No mobile home shall be less than 100 feet from the
right-of-way of a public road.
F.
No mobile home shall be located less than 50 feet
from an adjoining property line.
H.
Parking space for two automobiles shall be provided on each lot, and the surface of such parking area shall conform to the specifications for road surface as set forth in § 159-11.
I.
No unlicensed vehicle, junk vehicle or junk of any
description shall be stored within the mobile home park.
J.
Each mobile home shall be provided with an entrance
platform of concrete at least eight feet by 20 feet and four inches
thick or equivalent. This may be considered the patio area.
K.
Each mobile home lot shall be equipped with at least
two metal twenty-gallon containers, or equivalent, for refuse disposal.
They shall be of plastic material or other rigid material, commercially
manufactured for that purpose, equipped with suitable handles and
tight-fitting covers and shall be watertight. They shall be restrained
from being tipped over and shall be hidden from view. They shall be
fly proof, waterproof and rodent proof. The park owner or operator
shall be responsible for seeing that these containers are securely
covered at all times. The contents of these containers must be removed
from the park at least one time per week.
[Amended 5-13-1991 by L.L. No. 5-1991; at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
L.
Each lot shall be numbered at the front with the number
visible by the public from the adjoining street.
M.
All gas, electrical, telephone and other utility distribution
lines located within the boundaries of the mobile home park shall
be underground.
N.
All mobile homes must have Underwriters' Laboratories
approval.
A.
All roadways within the park shall be so located that
each lot has ready access to such roadway.
B.
The roadway shall have a minimum width of 20 feet.
C.
The total width of roads within the park shall be
50 feet, which will include the ditches required for proper drainage.
[Amended 5-13-1991 by L.L. No. 5-1991]
D.
Adequate snow removal shall be provided to permit
travel by motorized fire-extinguishing equipment.
E.
Roads shall not dead-end but shall have ample provision
for vehicles to turn around by use of a traffic circle having an outside
diameter at the edge of the pavement of 100 feet or a second exit.
F.
The roads within the park shall be constructed in
compliance with Village of Waterloo specifications.
[Amended 5-13-1991 by L.L. No. 5-1991]
Parks shall be adequately lighted from dusk
until dawn with such lighting meeting the recommendations of the utility
company.
[Amended 5-13-1991 by L.L. No. 5-1991]
[Amended 5-13-1991 by L.L. No. 5-1991[1]]
Sewage disposal shall be in accordance with Chapter 195, Sewers, of this Municipal Code.
[1]
Editor's Note: This local law also repealed
original § 28.36, Electrical system, and § 28.37,
Fire protection, which immediately followed this section. Original
§ 28.38, Recreation area, was repealed 6-10-1991 by L.L.
No. 6-1991.
Lawns shall be established on all areas not
paved or used as sites for mobile homes, buildings, waterways or enclosed
areas.
[Amended 5-13-1991 by L.L. No. 5-1991]
Attached enclosures may be constructed on mobile
homes upon application by the mobile home park owner or operator to,
and approval of, the Board of Trustees.
The Code Administration Officer may inspect
a mobile home park at reasonable intervals and at reasonable times
to determine compliance with this article.
A.
Upon the violation of any of the provisions of this
article, any license issued hereunder may be revoked by action of
the licensing officer after giving due notice to the licensee, in
writing, of the existence of any such violation and further notifying
the licensee of the time and place when the licensing officer shall
consider the revocation of the license granted hereunder and giving
the licensee an opportunity to be heard, if he or she so desires.
Such notice shall be given to the licensee at least five days before
the hearing.
B.
In addition, the licensing officer shall have the
right to revoke any such license granted hereunder upon the conviction
of the licensee of any such violation or upon a judgment directing
payment to the Village of the civil penalty as herein provided without
first giving notice to the licensee as herein provided. In the event
of such revocation, no application for renewal shall be entertained
by the licensing officer for a license hereunder by the same licensee
whose license has been revoked, but the licensee must follow the same
procedure as herein contained for the original application.
A.
Grounds and findings required. The Board of Trustees
may vary or modify the strict application of any of the requirements
of this article in the case of exceptionally irregular, narrow, shallow
or steep lots, or other exceptional physical conditions, whereby such
strict application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use of the
land involved, but in no other case.
(1)
No variance in the strict application of any provisions
of this article shall be granted by the Board of Trustees unless it
finds, after a public hearing, that:
(a)
There are special circumstances or conditions,
fully described in the findings of the Board of Trustees, applying
to such land and not applying generally to the land in the neighborhood
and that said circumstances or conditions are such that strict application
of the provisions of this article would deprive the applicant of the
reasonable use of such land;
(b)
For reasons fully set forth in the findings
of the Board of Trustees, the granting of the variance is necessary
for the reasonable use of the land and that the variance as granted
by the Board of Trustees is the minimum variance that will accomplish
this purpose; and
(c)
The granting of the variance will be in harmony
with the general purpose and intent of this article and will not be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
(2)
In granting any variance, the Board of Trustees shall
prescribe any conditions that it deems to be necessary or desirable.
B.
Application; fee. All applications for variances shall
be in writing and verified and shall refer to the specific provision
of this article and shall exactly state the details of the variance
requested and the ground therefor. Each such application shall be
filed with the Village Clerk-Treasurer. A filing fee as established
from time to time by resolution of the Board of Trustees must accompany
the application.
[Amended 7-12-1999 by L.L. No. 3-1999]
C.
Persons to be notified. In case of an application
for a variance, the following persons shall be notified: all owners
of property within 500 feet of the nearest lines of the property for
which the variance is sought and such other property owners as the
Board of Trustees may direct. Such notice shall be given by mail at
least five days prior to the date of the public hearing thereon.
D.
Public hearing and notice. The Board of Trustees shall
fix a reasonable time for the hearing of applications for variances,
which should be not more than 60 days following the filing of said
application, and give public notice thereof by publication in the
official newspaper of a notice of such hearing at least 10 days prior
to the date thereof.
E.
Vote required. The concurring vote of a majority of
the Board of Trustees shall be necessary to grant a variance.
[Amended 5-13-1991 by L.L. No. 5-1991]
Any person who violates any of the provisions
of this article shall be guilty of a violation pursuant to the Penal
Law, punishable by a fine of not exceeding $250 or imprisonment for
a period not exceeding 15 days, or both, or, as a result of such violation,
the violator shall be liable to pay a civil penalty to the Village
of Waterloo of $250 to be recoverable with costs by the Village in
a civil action. Each week that a violation shall continue shall be
deemed a separate violation.
In case any mobile home park is established,
constructed maintained, altered, added to or operated in violation
of this article, the Board of Trustees, in addition to other remedies,
may institute any appropriate action or proceeding to prevent such
unlawful establishment, construction, maintenance, alteration, addition
or operation, to restrain, correct or abate such violation, to prevent
the occupancy of such mobile home park or to prevent any illegal act,
conduct, business or use.
[Adopted 9-23-1985 by L.L. No. 3-1985
(Ch. 29 of the 1984 Code)]
It is the purpose of this article to promote
the health, safety, morals and general welfare of the inhabitants
of the Village of Waterloo by more definite requirements for mobile
homes[1] located outside of a mobile home park.
[1]
Editor's Note: The term "house trailer" was
changed to "mobile home" throughout this article 7-12-1999 by L.L.
No. 3-1999.
As used in this article, the following terms
shall have the meanings indicated:
A portable unit designed and built to be towed on its own
chassis, comprised of frame and wheels, connected to utilities and
designed to be without a permanent foundation for year-round living.
This definition does not include travel trailers, motorized homes,
pickup coaches or camping trailers.
No person, firm or corporation being the owner
or occupant of any land or premises within the Village of Waterloo
shall use or permit the use of said land or premises for parking thereon
of a single mobile home without obtaining a permit.
Any person or persons applying for a permit
to maintain an individual mobile home in the Village of Waterloo must
submit to the Village Board a description of the land or premises
upon which the proposed mobile home is to be located, including a
plot plan of the property and a proposed layout showing the extent
and the area to be used for such purposes, together with the proposed
location or site for such mobile home, and, in addition thereto, the
applicant shall furnish a statement, in writing, signed by all adjacent
property owners and by at least 80% of the owners of the properties
on both sides of the street within 500 feet of the proposed site approving
the application.
Before a permit is issued by the Village Board,
the applicant must demonstrate that he or she will:
B.
Give a firm base and adequate support for the mobile
home with a full concrete stand at least six inches thick or a foundation
with footers below the frost line.
C.
Provide anchors or tie-down at least at the corners,
capable of securing the stability of the mobile home.
D.
Remove hitch, if possible, tires and wheels.
E.
Provide the mobile home with skirts to screen the
space between the mobile home and the ground. Such skirts shall be
of concrete block or a permanent material similar to that used in
the mobile home and providing a finished exterior appearance and be
installed within four months from the issuance of the permit.
F.
Provide that the construction of storage space, additional
rooms or enclosed patios or carports shall have a finished exterior
appearance. No exposed building paper, wallboard or other structural
material will be permitted.
G.
Provide separate hookup for water and sewer service.
[Added 7-12-1999 by L.L.
No. 3-1999]
The fee for a permit to maintain an individual
mobile home under this article shall be established from time to time
by resolution of the Board of Trustees.
