[HISTORY: Adopted by the Town Board of the Town of Bath 8-23-1971. Sections 82-5A, 82-6E and 82-17 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known and cited as the "Town of Bath Mobile Home Parks Ordinance."
It is the purpose of this chapter to promote the health, safety, comfort, convenience and general welfare of the community and to protect and preserve the property of the Town of Bath and its inhabitants by regulating mobile home parks in the Town of Bath, New York.
As used in this chapter, the following terms shall have the meanings indicated:
- DEPENDENT MOBILE HOME
- A mobile home without inside toilets and bath. Such mobile homes are prohibited in a mobile home park as defined in this chapter.
- HEALTH AUTHORITY
- The legally designated health authority, or its authorized representative, of the Town of Bath.
- Any person licensed to operate and maintain a mobile home park under the provisions of this chapter.
- MOBILE HOME
- Any vehicle or similar portable structure having been constructed with wheels, whether or not such wheels have been removed, and having no foundation other than wheels, jacks or skirtings and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
- MOBILE HOME PARK
- Any plot of ground upon which three or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
- MOBILE HOME SPACE
- A plot of ground within a mobile home park designed and reserved for the accommodation of one mobile home.
- Mobile home park.
- Any person to whom a temporary permit is issued to maintain or operate a mobile home park under the provisions of this chapter.
- Any natural individual, firm, trust, partnership, association or corporation.
It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the Town of Bath unless such person shall first obtain a license therefor, except that the maintenance or operation of a mobile home park in existence on the effective date of this chapter may be continued under a temporary permit for such period of time and under such conditions as are hereinafter prescribed.
A temporary permit, upon written request therefor, shall be issued by the designated official for every mobile home park in existence upon the effective date of this chapter, permitting the park to be maintained and operated during the period ending 180 days after the effective date of this chapter without being subject to the provisions of this chapter, except such of the provisions as are made expressly applicable to permittees.
The term of the temporary permit shall be extended, upon written request, for not to exceed one additional period of 180 days if the permittee shall have filed application for a license in conformity with § 82-6 of this chapter within 90 days after the effective date of this chapter, if the permittee is of good moral character and the park plans and specifications accompanying the application for license comply with all provisions of this chapter and all other applicable ordinances and statutes, if the permittee shall have diligently endeavored to make the existing park conform fully to the plans and specifications submitted with the application and if failure to make the existing park conform fully to such plans and specifications shall have been due to causes beyond the control of the permittee.
The temporary permit fee for each one-hundred-eighty-day period shall be 1/2 of the license fee described in Subsection A of this section.
Application for initial license or licenses for addition to an existing mobile home park must be filed with the Town Clerk. A filing fee based upon the schedule above set forth in § 82-5 hereof will be paid by the applicant and retained by said Clerk.
The application shall be in writing, signed by the applicant and shall include the following:
The name and address of the applicant.
The location and legal description of the mobile home park.
Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park.
Certification that the plans for water and sewage facilities have been approved by the New York State Department of Health.
Such further information as may be requested by the Town Supervisor, Town Board or officer designated by the Town Board to enable him to determine if the proposed park will comply with legal requirements.
The application and all accompanying plans and specifications shall be filed in triplicate.
The Town Board or designated official shall investigate the applicant and inspect the application and the proposed plans and specifications. If the applicant is of good moral character and the proposed mobile home park will, when constructed or altered in accordance with such plans and specifications, be in compliance with all provisions of this chapter and all other applicable ordinances and statutes, the Town Board or designated official shall approve the application and, upon completion of the park according to the plans, shall issue the license.
A fee in an amount set by resolution of the Town Board will be paid by the applicant to cover costs to the Town Board or its designated official for the review of the application.
Application for renewal license. Upon application, in writing, by a licensee for renewal of a license and upon payment of the annual license fee, the Town Board or designated official shall issue a certificate renewing such license for another year.
Application for transfer of license. Upon application, in writing, for transfer of a license and payment of the transfer fee, the Town Board or designated official shall issue a transfer if the transferee is of good moral character.
Mobile home parks may be located on any site within the Town of Bath. Where any boundary of a park directly abuts property which is improved with a permanent residential building located within 25 feet of such boundary or directly abuts any such property which may, under existing laws and regulations, be used for residential construction, a fence, wall, hedge or green area 20 feet in width shall be provided along such boundary.
The mobile home park shall conform to the following requirements:
The park shall be located on a well-drained site, properly graded to ensure rapid drainage and free from stagnant pools of water.
Each park shall provide mobile home spaces, and each space shall be clearly defined and delineated. Each park shall have a minimum area of 90,000 square feet, including mobile home space, roads, service buildings and green area. Each space shall have a minimum area of not less than 4,500 square feet and a minimum width of 50 feet.
Mobile homes shall be so located on each space that there shall be a thirty-foot clearance between mobile homes, provided that, with respect to mobile homes parked end to end, the end-to-end clearance may not be less than 20 feet. No mobile home shall be located closer than 20 feet to any building within the park or to any property line of the park.
Walkways not less than 30 inches wide shall be provided from the mobile home spaces to the off-street parking space and from the roadway to service buildings.
All driveways shall be constructed with a minimum width of 20 feet, shall be constructed of gravel or hard surface, minimum of six inches in depth, and shall be maintained in a dust-free condition. All walkways within the park shall be hard-surfaced and lighted at night.
An electric outlet, supplying at least 100 to 115/220 to 250 volts, 100 amperes, shall be provided for each mobile home space. All electrical and telephone facilities shall be buried.
Each mobile home space shall be provided with off-street parking space. Minimum size for such parking space shall be nine feet by 25 feet. The parking space shall be constructed of gravel, minimum depth six inches, and shall be maintained in a dust-free condition.
All mobile homes shall have constructed suitable skirting of a permanent material.
All mobile home parks which, at the time of the adoption of this chapter, existed lawfully with mobile home spaces which do not comply with the minimum for area, width, clearances and off-street parking space as listed in Subsections B, C and G of this section shall be excused from compliance with these subsections of this section.
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold-water tap at least four inches above the ground.
Service buildings, if provided, housing sanitation facilities, laundry facilities and recreation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating building, electrical installations and plumbing and sanitation systems.
The service buildings shall be well-lighted at all times of the day and night, shall be well-ventilated with screened openings, shall be constructed of such moistureproof material, which may be painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least 68° F. during the period from October 1 to May 1. The floors of the service buildings shall be of water impervious material.
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
Waste from showers, bathtubs, flush toilets, urinals, lavatories and slop sinks in service and other buildings within the park shall be discharged into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard. Construction of sewer systems shall be in accordance with plans approved by the New York State Health Department.
Each mobile home space shall be provided with a sewer which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the mobile home harbored in such space and having any or all of such facilities. The sewer in each space shall be connected to discharge the mobile home waste into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard. Construction of sewer systems shall be in accordance with plans approved by the New York State Health Department.
Metal and plastic garbage cans with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish. Garbage cans shall be located on the mobile home space. The cans shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of by the licensee as frequently as may be necessary to ensure that the garbage cans shall not overflow.
Every park shall be equipped at all times with dry-chemical fire-extinguishing equipment in good working order, of such size and number and so located within the park as to satisfy applicable reasonable regulations of the Fire Department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time. It is further suggested that the licensee recommend to the mobile home owners that they obtain suitable dry-chemical fire extinguishers to be kept in the mobile home.
The licensee or permittee or a duly authorized attendant or caretaker shall be in charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this chapter to which the licensee or permittee is subject.
The Town Board or designated official may revoke any license to maintain and operate a park when the licensee has been found guilty, by a court of competent jurisdiction, of violating any provision of this chapter. After such conviction, the license shall be reissued if the circumstances leading to conviction have been remedial and the park is being maintained and operated in full compliance with law.
The license certificate or temporary permit shall be conspicuously posted in the office or on the premises of the mobile home park at all times.
Any person violating this chapter shall be fined not less than $250 or imprisoned for not more than 15 days, or both, for each offense. Each week that a violation is permitted to exist shall constitute a separate offense.