A.
Manufactured homes provide an affordable alternative to site-built
structures and permit owners and occupants to live reasonably in the
rural areas of the Town of LeRay. The purpose of following article
is to provide standards and regulations to protect the health, safety
and welfare of manufactured home residents and other residents of
the community. In addition, the standards herein are intended to promote
and enhance the high quality of life experienced within the community,
protect property values and ensure access to quality affordable housing
within the Town of LeRay.
B.
This article does not regulate the design, construction, installation
or location of modular housing or factory-manufactured housing.
A.
Every manufactured home located in the Town of LeRay shall bear a
Department of Housing and Urban Development (HUD) certification plate
affixed by the manufacturer attesting that "This manufactured home
is designed to comply with the federal manufactured home construction
and safety standards in force at the time of manufacture."
B.
Any manufactured home brought into the Town of LeRay or relocated
within the Town of LeRay shall be required to obtain a (re)certification
that the unit meets HUD standards by an individual licensed in the
State of New York as a professional engineer or architect who is also
certified by the New York Department of State Manufactured Home Program.
Such individuals shall hold valid and active licenses and certifications
at the time of inspection.
C.
Units not bearing such HUD certification shall be considered a mobile
home.
D.
Every manufactured or mobile home located in the Town of LeRay shall
bear data relative to its heating and insulation zone and outdoor
design temperature.
F.
All manufactured and mobile home installations and foundations shall,
at a minimum, comply with the most current versions of the Residential
Code of New York State and the Model Manufactured Home Installation
Standards, in addition to those requirements identified in the consumer
manual(s) provided by the manufacturer.
G.
All manufactured home installations shall be performed by a certified
installer of manufactured homes as determined by the New York State
Division of Codes Enforcement and Administration.
Location of an individual manufactured or mobile home in any
district may be permitted upon authorization of a temporary permit
by the Zoning Board of Appeals upon its determination that an application
meets one of the following criteria:
A.
Special necessity. Upon proof of special necessity for an agricultural
use where an additional dwelling is needed for a farm employee, tenant
or family members, the Zoning Enforcement Officer may grant a temporary
permit for a period not to exceed one year for the installation of
one manufactured or mobile home to be placed on the same individual
lot as an existing single-family dwelling, conditioned upon the following:
B.
Interim dwelling. The Zoning Enforcement Officer may grant a temporary
permit for a period not to exceed one year for the installation of
one manufactured or mobile home as an interim dwelling on an individual
lot during the construction of a single-family dwelling on such lot,
conditioned upon the following:
(1)
Temporary arrangements for safe access to the property, adequate
potable water supply, sanitary disposal of sewage, safe storage of
liquefied petroleum gas and anchoring are provided within 48 hours
of such placement (and occupancy);
(2)
The Zoning Board of Appeals may grant as many as two extensions
of six months each as circumstances warrant; and
(3)
Such manufactured or mobile home shall be removed within 30
days after the occurrence of any one of the following:
C.
Emergency dwelling. A manufactured or mobile home may be temporarily
placed and occupied as an emergency dwelling on any property in the
Town, regardless of prior development on or current use of such property,
provided that:
(1)
The need for such emergency dwelling resulted from the loss,
by flood, fire or other disaster, of an existing dwelling within the
Town;
(2)
A temporary permit is obtained for the emergency dwelling within
48 hours of such placement and occupancy;
(3)
Temporary arrangements for safe access to the property, adequate
potable water supply, sanitary disposal of sewage, safe storage of
liquefied petroleum gas and anchoring are provided within 48 hours
of such placement (and occupancy) by means either on site or off site;
(4)
Such temporary permit shall expire and the emergency dwelling
shall be removed from the property within 90 days of such placement
and occupancy; and
(5)
Except as provided herein, no other improvements to or alteration
or disturbance of the property shall be caused by such placement and
occupancy of an emergency dwelling and no rights to develop such property
shall be thus established other than as are permitted in full compliance
with the provisions, regulations, standards and procedures of this
chapter.
The following regulations shall apply to manufactured homes
located outside of an approved manufactured home park and within a
permitted zoning district. These regulations shall be in addition
to all other requirements of this chapter.
A.
Manufactured home pad site.
(1)
Each manufactured home site shall include a pad which extends
a minimum of five feet beyond the exterior walls of the mobile home.
(2)
Such pad shall be designed and constructed to provide a stable
base to support the manufactured home and, at a minimum, shall be
constructed of eight inches of compacted porous crushed stone or equivalent.
(3)
Manufactured home pads shall be graded for proper drainage,
yet in no case shall finished grades exceed 2% across the length or
width of the pad.
(4)
A minimum of six anchored tie-downs shall be provided: one at
each corner, and two at other locations provided per the manufacturer's
specifications to properly secure the manufactured home.
B.
Manufactured home foundations and installation.
(1)
Manufactured homes located outside of an approved manufactured
home park shall be installed upon and anchored to a permanent masonry
foundation which provides continuous support and complete enclosure
from grade to finished floor elevation along the entire perimeter
of the structure.
(2)
Manufactured home foundations shall comply with applicable codes
and standards, including HUD Permanent Foundation Guide for Manufactured
Housing; the Residential Code of New York State; and the HUD Model
Manufactured Home Installation Standards.
A.
Review and approval procedure.
(2)
Manufactured home parks that shall provide for leasehold agreements for individual manufactured home pad sites controlled under single ownership shall be required to obtain site plan approval in accordance with Article XX of this chapter.
(3)
Manufactured home parks shall comply with New York State Public
Health Law § 225, and Part 17 of the New York State Sanitary
Code, Mobile Home Parks, or current version, as the minimum standard.
B.
C.
Site design and general conditions.
(1)
Manufactured home parks shall be located where orderly development
can be undertaken in harmony with development of the surrounding area
in terms of traffic generation, ease and safety of vehicular access
to and circulation within the park, safety of pedestrian movement,
location of structures, adequacy of off-street parking, placement
and sizing of sewage treatment and water supply systems and other
utilities, safety of fuel storage and supply, provision of open space,
recreation facilities or areas, delivery of services and adequacy
of landscaping and buffering.
(2)
Manufactured home parks shall have generally level to gently rolling topography over an area of sufficient size to allow development of the mobile home park in compliance with Subsection D, below, without significant alteration or disturbance of existing natural amenities or features, such as stands of mature trees, stream courses, shorelines, wetlands or bedrock outcroppings.
(3)
Manufactured home parks shall be essentially free from adverse,
unsafe or unhealthy conditions, including but not limited to flooding,
ponding, poor drainage, erosion, slumping or other soil instability,
breeding areas for insects or rodents, smoke, noise, odors, heat,
glare, or toxic or volatile substances.
(4)
Manufactured home parks shall be divided (exclusive of internal
roads, open space or common areas) and marked-off into mobile home
sites numbered consecutively, the number being conspicuously posted
on each site with such number to correspond to the site shown on the
site plan submitted.
(5)
Straight, uniform gridiron road patterns shall be avoided unless
they can be relieved by manufactured home clustering, enhanced landscaping
and pedestrian accommodations, and integrated recreation spaces.
(6)
Culs-de-sac and closed-end roads shall be avoided to the greatest
extent practical.
(7)
Recreational vehicles shall not be parked permanently as living
quarters in any manufactured home park.
(8)
All manufactured home sites shall front on and be serviced only
by internal roads. Perimeter manufactured home sites shall not have
individual access to the public right-of-way.
D.
Area, yard and density requirements.
(1)
Minimum park lot size: three acres.
(2)
Maximum overall unit density: five units per acre.
(3)
Minimum pad site area: 6,500 square feet.
(4)
Setbacks and spacing. All manufactured homes, including expansions,
extensions or other additions thereto, patios, porches or garages
and all other structures in a manufactured home park shall satisfy
the following setback requirements.
(5)
Distance to public right-of-way: 100 feet, minimum.
(6)
Distance to right-of-way of internal roads: 20 feet, minimum.
(7)
Distance between adjacent manufactured homes and other structures:
30 feet, minimum.
(8)
Rear setback: 20 feet, minimum.
E.
Buffer and landscape requirements.
(1)
No manufactured home pad site boundary, internal roadway, parking
lot, recreation area or storage facility for fuels, supplies or equipment
shall be located within 20 feet of a property line external to the
mobile home park.
(3)
Required plantings shall be installed during the initial development
of the manufactured housing park, regardless of the occupancy of individual
manufactured home pad sites.
F.
Manufactured home skirting (without permanent foundation).
(1)
Manufactured homes shall provide a skirt to screen space between
the manufactured home and the ground within 60 days from arrival on
site.
(2)
Such skirting shall be of permanent material similar to that
used in the manufactured home and shall provide a finished exterior
appearance.
(3)
Nontreated, nonsealed or nonprotected dimensional framing or
sheet lumber shall not be utilized for the construction of manufactured
home skirting.
(4)
Skirting shall be placed so as to limit views underneath the
manufactured home and to prevent debris, snow and the elements from
collecting beneath the floor of the manufactured home.
(5)
Skirting shall be placed around the entire perimeter of the
manufactured home and shall encompass all structural supports and
components, including but not limited to wheels, stands, foundation
columns and hitches, but excluding as necessary ground-mounted anchors
located outside the perimeter of the manufactured home.
G.
Recreation and open space standards.
(1)
Easily accessible and usable open spaces pursuant to the findings of § 158-140 may be required in all manufactured home parks. Such required improvements shall be connected to internal roadways via an improved pathway no less than five feet in width.
(2)
Such open space shall have a total area of no less than 15%
of the gross land area of the park and shall be fully maintained by
the park owner.
(3)
No less than 50% of such space shall be in the form of programmed
recreation areas, such as playgrounds, and active play areas, such
as recreation fields.
(4)
No manufactured home pad site shall be located further than
600 feet from a dedicated programmed recreation space.
H.
Pedestrian accommodations.
(1)
A pedestrian walkway shall be provided in the following instances:
(2)
Parallel or substantially parallel roadways shall not continue
for a distance greater than 800 feet without provision for pedestrian
access between roadways.
(3)
All pedestrian walkways adjacent to internal roadways shall
be paved, no less than five feet in width, and offset a minimum of
five feet from adjacent roadways.
I.
Access standards.
(1)
Each manufactured home park shall provide for safe, legal means
of access from one or more public roads as follows:
(a)
Access roads shall meet the public roads at nearly right angles
and at compatible grades and shall be consistent with the standards
set forth in Policy and Standards for the Design of Entrances to State
Highways, as revised, published by the State of New York Department
of Transportation;
(b)
Entrances shall be located directly opposite or at least 200
feet from the nearest intersection of public roads, if possible, and
at least 150 feet from other entrances to the manufactured home park;
(c)
Entrances shall have sufficient width to allow reasonable turning
movements of vehicles with manufactured homes attached and of service
or delivery vehicles;
(d)
Entrances shall be located to allow safe line-of-sight distances
to and from their points of intersection with the public road;
(e)
Manufactured home parks of more than 15 units shall be required
to submit a traffic study completed by a licensed professional engineer
to ensure that adequate conditions are met both internal and external
to the manufactured home park site.
J.
Internal roadway standards.
(1)
All internal roads shall have a minimum thirty-foot right-of-way,
20 feet of which shall be paved.
(2)
Road subbase shall be rough-graded for positive drainage and
compacted the full width of the road right-of-way in preparation for
base material.
(3)
The base course shall consist of a suitable gravel or stone
material at least six inches in depth after compaction.
(4)
The surface course shall consist of an approved bituminous material
of at least two inches after compaction.
(5)
Internal roads shall be privately owned and maintained and shall
provide for the safe and convenient movement of vehicles, with or
without manufactured homes attached.
(6)
All roads shall be designed to the standards listed above to
permit safe passage of emergency and other vehicles at a speed of
15 miles per hour.
K.
Off-street parking standards.
(1)
A minimum of two spaces shall be provided for each manufactured
home pad site.
(2)
Pad site parking shall not be located as parallel parking spaces
along internal roadways.
(3)
Pad site parking shall be located to the side of the manufactured
home and shall not be located between the front of the manufactured
home and the internal roadway.
L.
Utilities and services.
(1)
Water supply.
(a)
An adequate supply of water shall be provided for all manufactured
homes and service buildings.
(b)
Where public water is available, connection shall be used exclusively,
unless local authorities deem otherwise.
(c)
Where a public water system is not available, the development
of a private water supply system shall be approved by the New York
State Department of Health.
(2)
Sewage.
(a)
An approved sewage system shall be provided in all manufactured
home parks for the conveying, disposing and treatment of sewage from
manufactured homes, service buildings, and other accessory facilities.
(b)
Such system must be designed, constructed and maintained in
accordance with the New York State Department of Health and the New
York State Department of Environmental Conservation standards and
regulations or the Town of LeRay Sanitary Code, as applicable.
(3)
Refuse.
(a)
Each owner of a manufactured home shall have at least two twenty-gallon
metal or plastic refuse containers with tight-fitting covers.
(b)
Refuse containers shall be kept in a sanitary condition at all
times.
(c)
It shall be the responsibility of the park owner to ensure that
waste, garbage and rubbish shall be collected and properly disposed
of outside of the manufactured home park.
(d)
Exterior property areas shall be maintained free from organic
and inorganic material that might become a health, accident or fire
hazard.
(4)
Fuel supply and storage.
(a)
General requirements.
[1]
All fuel oil supply systems provided for manufactured homes,
service buildings and other structures shall be installed and maintained
in conformity with the rules and regulations of the authority having
jurisdiction when provided.
(b)
Specific requirements/recommendations.
[1]
All fuel tanks shall be placed at the rear of the manufactured
home and located no less than 10 feet from any building exit.
[2]
It is recommended that all fuel tanks be buried.
[3]
It is recommended that a common central fuel supply system be
provided.
[4]
Supports or standards for fuel storage tanks are to be of a
noncombustible material.
(c)
Natural gas supply.
(d)
Liquefied gas.
[1]
Liquefied petroleum gas systems shall be selected, installed
and maintained in compliance with the requirements of National Fire
Protection Association Standard 58.
[2]
Such system shall be provided with safety devices to relieve
excessive pressures and shall be arranged so that the discharge terminates
at a safe location.
[3]
Systems shall have at least one accessible means for shutting
off gas. This means shall be located outside of individual manufactured
homes.
[4]
All liquid propane gas piping shall be well supported and protected
against mechanical injury.
[5]
Storage tanks shall not be less than 100 pounds and shall be
located at the rear of the manufactured home and no closer than 10
feet to any building exit.
[6]
It is recommended that a central underground gas storage system
be furnished.
(5)
Electrical service.
(a)
Manufactured home parks shall contain an electrical wiring system
consisting of wiring fixtures, equipment and appurtenances which shall
be installed and maintained in accordance with local electric power
companies' specifications and regulations.
(b)
All wiring fixtures must have the approval of the Insurance
Service Organization or other authority as designated by the municipality.
(c)
Each manufactured home stand shall be supplied with the ampere
service required to meet New York State specifications.
(d)
Adequate lighting shall be provided to illuminate streets, driveways
and walkways for the safe movement of vehicles and pedestrians at
night.
(e)
All electrical distribution lines shall be placed underground.
(6)
Telephone and cable television service. When telephone and cable
television service is provided to manufactured home sites, the distribution
system shall be placed underground.
(7)
Service buildings.
(a)
If provided, service buildings housing sanitation facilities,
storage, parking and/or laundry shall be permanent structures complying
with all applicable state and local statutes regulating buildings,
electrical installations and plumbing and sanitation systems.
(b)
All service buildings and the grounds of the manufactured home
park shall be well lighted and 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.
(8)
Fire protection and control.
(a)
Every manufactured home park shall satisfy applicable regulations
of the fire district within which the manufactured home park is located.
(b)
No open fires shall be permitted any place within the manufactured
home park with the exception of outdoor grills used for the preparation
of foods and assigned recreation areas for community gatherings.
M.
Responsibilities of park operators and park occupants.
(1)
The person to whom a permit for a manufactured home park is
issued shall operate the park in compliance with the standards set
forth in this chapter and shall provide adequate supervision to maintain
the park, its common grounds, streets, facilities and equipment in
good repair and in a clean and sanitary condition.
(2)
The park operator and manufactured home owner shall supervise
the placement of each manufactured home on its manufactured home stand,
which includes ensuring its stability by securing all tie-downs and
installing all utility connections.
(3)
The park operator shall maintain a register containing the names
of all occupants and the make, year and serial number, if any, of
each manufactured home. Such register shall be available to any authorized
person inspecting the park.
(4)
The park tenant shall be responsible for the maintenance of
his manufactured home and any appurtenances thereto and shall keep
all yard space on his site in a neat and sanitary condition.
(5)
A list of operator and occupant responsibilities shall be posted
in the park office or made available upon request.
(6)
Emergency vehicle access throughout the park shall not be prohibited.
