[HISTORY: Adopted by the Town Board of the Town of Hartford 11-10-2009 by L.L. No.
2-2009. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority granted to
the Town of Hartford in Articles 2 and 3 of the Municipal Home Rule
Law and § 130(21) of Article 9 of the Town Law. This chapter
shall be known as the "Town of Hartford Law Regulating Mobile Homes
Outside of Mobile Home Parks."
It is the purpose of this chapter to promote the health, safety
and general welfare of the inhabitants of the Town of Hartford by
establishing specific minimum requirements and regulations governing
the location, occupancy and maintenance of mobile homes outside of
mobile home parks within the Town of Hartford.
Expect where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words in the present
tense include the future, words in the singular include the plural,
and the plural the singular.
Any person, as herein defined, who shall submit an application
to the Town Board for the approval of a mobile home permit.
Any person appointed by the Town Board to enforce the provisions
of this chapter.
The County of Washington, State of New York.
Any business day.
Land used by the owner of the property in agricultural production,
of not less than 10 acres in size, used in the preceding two years
for the production for sale of any agricultural product, including
but not limited to crops, maple syrup, livestock and livestock products
of an average gross sales value of $10,000 or more.
An individual who is employed on a farm for a minimum of
20 hours per week.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by the law, to be used,
developed or built upon as a unit.
Total area within the property lines excluding any part thereof
lying within the boundaries of a public highway or proposed public
highway.
The distance between the boundaries of a lot measured at
their points of intersection with the road line.
Property lines bounding a lot.
Includes, but is not necessarily limited to, a house, trailer,
mobile home or any other residential structure or vehicle originally
designed, built, constructed or manufactured to be conveyed upon highways
or streets, either whole or in sections, whether the same is situated
or located upon wheels, jacks, foundations (temporary or permanent),
slabs or otherwise, and/or whether or not added to or made part of
another building or structure, including "manufactured homes" and
"mobile homes" as defined under § 233(4) and (5) of the
New York State Real Property Law and does not come within the definition
of a "factory manufactured homes" known as "modular homes" or "double-wides."
A mobile home shall be construed to remain a mobile home, subject
to all regulations applying thereto, whether or not wheels, axles,
hitch or other appurtenances of mobility are removed.
A designated site of specific total land area for the accommodation
of one mobile home and its occupants.
Any parcel of land whereon two or more mobile homes are parked
or located or which is planned and improved for the placement of two
or more mobile homes, and which is held open to the public for the
parking or placement of mobile homes.
An area prepared for the placement and support of mobile
homes.
A modular home or double-wide is a dwelling house transported
to the permanent building site either whole or in sections and which
complies with the New York State Building Code for conventional residential
dwellings. The undercarriage of a double-wide must be removed prior
to issuance of a certificate of occupancy.
Any person who has record title to all or any portion of
the real property upon which the mobile home will sit, or a contract
vendee who occupies the real property under a recorded land sale contract,
or a tenant who has a ninety-nine-year lease to all or any portion
of the real property upon which the mobile home will sit.
Any individual, corporation, governmental authority, trust,
estate, partnership, association, two or more persons having joint
or common interest, or any legal entity.
Right-of-way line of road as dedicated by deed or record.
Where the width of the road is not established, the road line shall
be considered to be 25 feet from the center line of the road pavement
of traveled way.
The Town of Hartford, County of Washington, State of New
York.
Each mobile home located in the Town shall meet the following
requirements:
A.
Each mobile home shall have no less than 600 square feet interior
dimension living area, with a base pad and shall have a HUD seal lawfully
affixed thereto, as required by 24 CFR 3280, and a map/placard affixed
within the mobile home indicating that the mobile home is acceptable
and meets or exceeds standards of New York State.
B.
No mobile home may be more than 10 years old measured from the HUD
seal and up to the date that the application for a permit is submitted.
This provision shall not apply to a conforming mobile home that passes
inspection and permitted mobile homes within the Town at the time
of sale or transfer. In this case, the mobile home must comply with
this chapter in all other respects and will need a new permit and
will need a full inspection and must comply with the recommendations
based upon the inspection.
C.
Each mobile home shall be maintained in a clean, sanitary and habitable
condition.
D.
Each mobile home shall contain, at a minimum, a kitchen and bathroom,
as defined by the New York State Uniform Fire Prevention and Building
Code.
E.
Each mobile home shall have an adequate and independent supply of
potable water, evidenced by a microbiological test certified by a
laboratory; a flow test, indicating a flow of not less than five gallons
per minute for two hours, for drinking and domestic purposes supplied
by pipes to all mobile homes, with proper connections to the mobile
home. Said test shall be obtained at the sole cost, if any, of the
applicant.
F.
Each mobile home shall have its own septic system approved by the
Washington County Enforcement Officer. Said approval shall be obtained
at the sole cost, if any, of the applicant.
G.
Each mobile home shall have its own electrical service approved by
a certified electrical inspector. Said approval shall be obtained
at the sole cost, if any, of the applicant.
H.
Only one mobile home shall be served by each water, septic and electrical
system. With respect to the water source, this provision shall not
apply to farm mobile homes.
I.
Each mobile home lot shall be at least one acre with frontage on
an open public highway or private road.
J.
No other mobile home, building or structure shall be placed on the
mobile home lot, except a garage or storage building, which shall
be considered an accessory to said mobile home. It shall be the responsibility
of the applicant to obtain any other necessary permits. This section
does not apply to mobile homes on a farm.
K.
The mobile home shall be set back at least 75 feet from the center
of the highway or road and located a minimum of 35 feet from the adjoining
property line(s).
M.
The mobile home shall be located in an area where grades and soil
conditions are suitable for use as mobile home sites, as may be determined
by the Enforcement Officer.
O.
The Town Board shall have the sole discretion to allow for a temporary
mobile home to be erected on a lot where the owners of the lot are
constructing a personal residence on said lot. The mobile home shall
be removed within 30 days of the completion of construction of the
residence.
P.
The mobile home shall not be used for the purpose of storage.
Q.
In the event there is a change of occupancy of a permitted mobile
home, the mobile home shall be reinspected within 30 days of said
change in occupancy by the Enforcement Officer to ensure that it still
meets the requirements of this chapter.
Each mobile home lot shall have a base pad. Every such base
pad shall meet the requirements as set by Washington County, as may
be amended from time to time, and shall:
A.
Allow for the practical placement or the removal from the lot of
a mobile home and its appurtenant structures and the retention (tie
downs) of the mobile home on the lot in a stable condition;
B.
Be of a sufficient size to fit the dimensions of any mobile home
placed thereon, together with its appurtenant structures or appendages;
C.
Have a durable surface and be suitably graded to permit rapid surface
drainage; and
D.
Be made of concrete and be at least six inches thick and shall be
acceptable to satisfy the requirements of this section and should
have tie downs properly imbedded in the base pad concrete in a number
sufficient to satisfy the Enforcement Officer.
A.
Each such application for a mobile home shall be in writing and signed
by the applicant. The complete application must state and shall include
the following:
(1)
The name and address of the applicant.
(2)
The address, Tax Map parcel number and legal description of the land.
(3)
A plan drawn to scale of not smaller than one inch equals 20 feet,
showing the boundaries of the land, the location of the mobile home
on the land, the location and plan for the proposed water and sewage
disposal systems, and the location of the adjacent properties and
structures.
(4)
A certified or photostatic copy of the recorded deed to the land
which indicates that the applicant is the owner of such land and a
copy of the bill of sale or title to the mobile home.
(6)
Completed environmental assessment form.
B.
The applicant shall file the application and three copies of said
application with the Town Clerk at the offices of the Town Clerk during
regular business hours.
C.
Upon receipt of an application, the Town Clerk shall indicate the
date of receipt thereon and transmit one copy of the application to
the Enforcement Officer and one copy thereof to the Town Board within
five days.
A.
No mobile home shall be brought into the Town prior to the issuance of a permit. For all mobile homes, except as set forth in § 79-8 of this chapters, the procedure for permit issuance shall be as follows:
(1)
Pre-inspection. For all mobile homes, except new mobile homes, the
applicant shall request a pre-inspection of the mobile home, whether
the mobile home is located within or outside of the Town. The purpose
of said pre-inspection is to allow the applicant, with the assistance
of the Enforcement Officer, to determine whether the mobile home itself
will meet the standards set forth herein.
(a)
The mobile home shall be located no further than 50 miles from
the Hartford Town Hall.
(b)
The applicant shall make a payment in the amount set from time
to time by the Town Board, plus the cost of mileage at this prevailing
rate as determined by the Internal Revenue Service, as adopted by
the Town Board from time to time, to the Town Clerk, payable to the
Town of Hartford if by check.[1]
(c)
The Enforcement Officer shall, within a reasonable time, inspect
the mobile home itself and shall inform the applicant if the mobile
home itself complies with this chapter. The Enforcement Officer shall
make no representation as to the quality of the mobile home and its
approval shall not constitute any warranty whatsoever. Said approval
shall only mean that the mobile home itself complies with this chapter
and does not guarantee that a permit will be issued by the Town Board.
(d)
If the mobile home does not pass the pre-inspection, the applicant
may request a second pre-inspection within 60 days. The applicant
shall be responsible for the payment of mileage of the Enforcement
Officer at the prevailing IRS mileage rate, as adopted by the Town
Board from time to time. If the mobile home again fails the inspection,
it is not permitted to be brought into the Town.
(2)
Lot inspection. After receiving the application for a mobile home or, after the pre-inspection, as set forth in Subsection A(1), the Enforcement Officer shall promptly inspect and ascertain whether the proposed mobile home lot, including the base pad, is in compliance with this chapter. The Enforcement Officer shall, after such inspection and within 45 days of the date of receipt of the application from the Town Clerk, transmit his written report and findings to the Town Board. The Enforcement Officer shall not recommend approval for a temporary permit unless the mobile home and mobile home lot is completely suitable and prepared for occupancy and meets all of the requirements for mobile homes, as defined herein.
B.
The Town Board, at its next regular monthly meeting following receipt
of the report of the Enforcement Officer, shall consider the completeness
of the application, the proposed location, the general placement of
the mobile home on the site and the report of the Enforcement Officer.
If the Town Board deems the application complete, the Town Board shall
establish a public hearing within 45 days from the date the Town Board
deemed the application complete. Notification of said public hearing
must be provided in the official newspaper of the Town of Hartford
at least five days prior to the date of the public hearing.
C.
The Town Board, following the public hearing and within 45 days of
said public hearing, shall indicate its approval or disapproval of
the application. A majority of the entire Town Board membership shall
be required for approval; said approval shall be given if the mobile
home complies with the provisions of this chapter. The Enforcement
Officer shall notify the applicant of the Town Board's decision, in
writing, within five days thereof.
D.
Temporary permits.
(1)
If the application is approved by the Town Board, the Town Clerk
shall, upon receipt of the applicable permit fee herein provided,
together with the actual cost to the Town of any engineering or other
similar services incurred by the Town in the consideration of the
application, notify the Enforcement Officer, who may issue a temporary
permit to be effective for 30 days from the effective date. The temporary
permit shall expressly permit the applicant to move the mobile home
onto the approved site and attach the mobile home to the utilities
and the septic system in conformance with the footprint approved by
the Enforcement Officer and the Town Board. Said mobile home shall
not be occupied by any person(s) until a final permit is received.
Within said thirty-day period of the temporary permit, the Enforcement
Officer shall inspect the placement of the mobile home to ensure it
has been placed and hooked-up in strict conformity with all requirements
herein; a final permit and certificate of occupancy will be then granted.
The owner may thereafter occupy the mobile home. No renewal is required
for a permit issued under this section.[2]
(2)
If the Enforcement Officer fails to issue a final permit and certificate
of occupancy, the mobile home may not be occupied. The applicant may
request that the Enforcement Officer renew the temporary permit for
an additional 30 days, during which time the Enforcement Officer shall
reinspect the mobile home and site. Said request shall be in writing,
with a copy to the Town Clerk. The Enforcement Officer shall have
the duty to reinspect the mobile home only once. If the applicant
fails to obtain a final permit within 60 days from the issuance of
the original temporary permit, the mobile home shall be immediately
removed from the Town by the applicant. The failure to remove said
mobile home shall be considered a violation as set forth herein.
E.
No temporary or final permit shall be transferable or assignable.
The final permit shall be revoked upon the sale or transfer of the
mobile home or if the mobile home is unoccupied for more than 12 months.
A.
The Enforcement Officer, upon approval of the Town Board, may issue a permit, for a period not to exceed one year, to the owner of land within the Town of Hartford to temporarily replace an occupied dwelling destroyed by fire or other disaster with a mobile home, in accordance with this chapter. The mobile home shall not be brought into the Town until the owner or occupant is issued said permit. The permit may not be issued until the Town Board conducts a public hearing, upon at least five days' notice. Said permit is not transferable and becomes void if ownership of the land changes or if the mobile home is unoccupied for more than 90 consecutive days. The owner or occupant shall submit an application and accompanying materials as set forth in § 79-6 of this chapter.
B.
Said owner or occupant will be exempt from the requirements of § 79-5 of this chapter. Said owner or occupant will be exempt from the minimum lot size requirement set forth in § 79-4 of this chapter. In addition, the setback requirements shall be relaxed in accordance with the circumstances, at the discretion of the Town Board and the Enforcement Officer, providing there is conformity with the applicable New York State statutes.
The Town Board may grant a permit to the owner or lessee of
a farm to set up a mobile home to be occupied only by a farm worker
and his family, who is employed on said farm where the mobile home
is to be located, or by a family member of an owner of the farm where
the mobile home is located. The mobile home must comply with this
chapter in all respects, except it does not need a separate source
of water, but requires an adequate and potable supply of water. In
the event the mobile home becomes unoccupied on an operating farm,
the mobile home may remain on the farm as long as it is maintained
in a clean, sanitary, habitable condition.
The Enforcement Officer is authorized to grant a special permit
for certain construction trailers without the approval of the Hartford
Town Board. This provision expressly and strictly applies only to
an office trailer located on the site of a construction project, survey
project or other similar project and which is used solely as a field
office or work or tool house in connection with such project, provided
that such trailer is removed from such site within 30 days after the
completion of such project. The permit shall be valid for no more
than one year from the date of issuance. The permit may be renewed
at the discretion of the Town Board.
It is the intent of this chapter to discontinue and abate nonconforming
mobile homes. However, any mobile home which shall be lawfully in
use at the time this chapter takes effect may be continued at its
permitted location, although such use does not conform to the provisions
of this chapter. The grandfathered status may be transferred. However,
in the event it is transferred, the transferee must comply with all
aspects of this chapter, including the application process and all
inspections. In the event the mobile home no longer complies with
this chapter (with the exception of the aspect or feature which is
grandfathered) it must be removed from the property within 30 days,
or such longer reasonable extension as approved by the Town Board,
as provided in this law, and may not be replaced.
The applicant shall be responsible to meet all additional state,
federal, local, county or other municipal laws or regulations which
may apply. The Enforcement Officer and the Town are only responsible
to enforce specific provisions of this chapter and are not responsible
for ensuring compliance with other applicable laws and regulations.
If a police officer or the Enforcement Officer finds that any
mobile home outside of a mobile home park is not being maintained
in accordance with the provisions of this chapter, or that the fee
provided for in this chapter has not been paid, such facts shall thereupon
be reported to the Town Board, and said Town Board may direct the
Town Clerk to serve an order in writing upon the holder of the permit,
the owner of the mobile home, or the owner of the premises on which
it is located, or any or all of the aforementioned persons, directing
that the condition therein specified be remedied within five days
after the date of service of such order. If such condition is not
corrected, after the expiration of the five-day period the Town Board
may cause a notice in writing be served upon the person(s) upon whom
such order was served, requiring the appearance of the person(s) so
served before the Town Board at a time to be specified in such notice
to show cause why such permit should not be revoked. The Town Board
may, after a hearing at which testimony of witnesses may be taken
and the person(s) so served shall be heard, revoke such permit if
the Town Board shall find that said mobile home is not being maintained
in accordance with the provisions of this chapter or if it finds that
any fee provided for in this chapter has not been paid. Upon the revocation
of such permit, said mobile home shall be removed forthwith from the
premises, within five days following receipt of the notification of
revocation of the permit.
A.
Any person who violates any provision of this chapter shall be guilty of an unclassified misdemeanor, punishable by a fine of a definite amount of not more than $1,000 or not more than 30 days' imprisonment, or both. When a violation of this chapter or any provision thereof is continuous, each week thereof shall constitute a separate and distinct violation for which a separate and additional penalty may be imposed. A violation of this chapter shall be prosecuted in the name of the Town of Hartford. The prosecution of a violation of this chapter for a civil penalty under Subsection B herein and/or an action to compel compliance with or restrain violation of this chapter by injunction under Subsection C herein shall not affect the right of the Town to prosecute the person for violation of the unclassified misdemeanor herein.
B.
In addition, the violation of this chapter or any of the provisions thereof shall subject any person to a civil penalty in the amount of $500. When a violation of this chapter or any of the provisions thereof is continuous, each such 24 hours thereof shall constitute a separate and distinct violation. The penalty shall be recovered by the Town of Hartford in a civil action. The prosecution of a violation of this chapter for a criminal penalty under Subsection A herein and/or an action to compel compliance with or restrain a violation of this chapter by injunction under Subsection C herein shall not affect the right of the Town to obtain the civil relief herein.
C.
In addition, upon the violation of this chapter or any provision thereof, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this chapter or restrain by injunction any violation thereof. The prosecution of a violation of this chapter for a criminal penalty under Subsection A herein or the prosecution of a violation of this chapter for a civil penalty under Subsection B herein shall not affect the right of the Town to obtain the injunctive relief herein.
D.
The remedies for violation of this chapter are cumulative, and the prosecution of an action by the Town for criminal penalty pursuant to Subsection A and/or the civil relief pursuant to Subsection B and/or for the injunctive relief pursuant to Subsection C shall not affect the right of the Town to obtain any of the other relief, whether criminal, civil or injunctive, provided herein. Any such prosecution for violation of this chapter or any of the provisions herein shall not be deemed to prevent the revocation of any permit issued pursuant thereto or the enforced removal of conditions prohibited by this chapter.
E.
Notwithstanding any of the foregoing, the Town may cause a mobile
home that is not permitted or that is not in compliance with this
chapter to be removed by the Town, and the total costs for said removal
shall be assessed upon the real property on which the mobile home
is found. Before the Town shall remove the mobile home and assess
the costs thereof upon the real property upon which such mobile home
is found, notice shall be given to the owner by either personal service
or by mail addressed to the last known owner at his or her last known
address as shown on the tax rolls of the Town. Such service shall
be sufficient for all purposes. Such notice shall set forth the violations
and direct compliance within 10 days from the date of such notice.
All such notices shall be signed and issued by the Town Enforcement
Officer or by the Town Clerk upon the direction of the Town Board.
If there is a failure of compliance within the said ten-day period,
the Town may then cause the removal of the mobile home and assess
the costs as herein provided. The costs of removal of the mobile home
shall constitute a lien and charge upon the real property involved
until paid or otherwise satisfied or discharged and shall be collected
by the Town in the manner provided by law for the collection of taxes.
The Town Board shall from time to time establish, by resolution, the
method by which the costs shall be determined and shall include the
power to establish minimum costs.
A.
After consideration of any application's potential impact upon the
health, safety and welfare of the Town, the Town Board may impose
reasonable conditions upon the issuance of any permit within the scope
of this chapter.
B.
Where there are practical, difficult or unnecessary hardships in
the way of carrying out the strict letter of provisions of this chapter,
the Town Board shall have the power in a specific case to waive or
vary any such provision in harmony with the general purpose and intent
of this chapter, so that the public health, safety and general welfare
may be secured and substantial justice is done.
This chapter shall apply to all mobile homes which are occupied
as dwelling units or are proposed to be occupied as dwelling units
within the Town of Hartford's geographical limits on or after the
effective date of this chapter. This chapter shall not apply to mobile
homes being used for a home business or which are being displayed
for sale as a part of a mobile home sales business.
