[HISTORY: Adopted by the Town Board of the Town of Ogden 12-13-1995 by L.L. No. 9-1995 (Ch. 122 of the 1995 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of
Ogden Mobile Home and Mobile Home Parks Law."
The purpose of this chapter is to promote the health, safety
and general welfare of the inhabitants of the Town of Ogden by establishing
specific requirements and regulations governing the occupancy and
maintenance of mobile homes and mobile home parks.
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings ascribed to them in this section:
Any vehicle or structure used or arranged to be used for
living or sleeping accommodations, mounted on wheels and movable either
by its own power or when drawn by or connected with another vehicle.
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used or capable
of being used as living or sleeping quarters for permanent residence.
A designated site of specific total land area which is located
within a mobile home park for the accommodation of one mobile home
and its occupants.
Any parcel of land which is planned and improved for the
placement of two or more mobile homes which are used as dwellings.
A durable surface located on a mobile home lot which is to
be used for the placement of and capable of supporting a mobile home.
[1]Any person, partnership, association or corporation being the
owner or occupant of any land within the Town of Ogden shall not use
or allow the use of such land for a mobile home park or trailer camp
unless a license has been obtained as herein provided:
A.
Issuance of license. The Town Clerk of the Town of Ogden shall issue
a permit, to be effective from the day of issuance to and including
December 31 of that same year. This permit will not be issued until
the Town Clerk has received:
B.
Supplemental license. Any person holding a license for a mobile home park and desiring to add additional lots to such park shall file an application for a supplemental license. The application for such supplemental license must be accompanied by two sets of plans as required by § 181-5D of this chapter. The application for a supplemental license shall be handled according to the procedure established in Subsection A of this section.
C.
License renewal.
(1)
An application for the renewal of any mobile home park license which
was issued in accordance with the provisions of this chapter must
be filed with the Town Clerk on or before December 1 preceding the
expiration of the permit. The renewal application need not be accompanied
by a plan of the park unless changes have been made to it, nor is
it necessary that the application be accompanied by a copy of the
lease unless a new lease has been entered into subsequent to the time
of filing the previous application.
(2)
Upon the approval of the Town Building Inspector and/or Code Enforcement
Officer and by the resolution of the Town Board, the Town Clerk shall
issue a renewal license to be effective upon the expiration of the
previous license and continue in force for a period of one year after
payment of the required fee. Such renewal license shall not be transferable
or assignable. A new owner must apply for a license according to this
chapter.[2]
D.
License fees. The applicant for a year-round park shall pay the Town
Clerk an annual fee as set from time to time by the Town Board. The
fee for a supplemental permit shall be computed in the same manner.
Such fees are kept on file in the Town offices.
E.
Existing mobile home parks. A mobile home park which is in lawful
existence and use prior to the enactment of this chapter may continue
in use, provided that:
(1)
The owner or operator must register such mobile home park within
30 days of the effective date of this chapter.
(2)
The application must be accompanied by the fees required by this
section.
(3)
Such registration shall be accompanied by a suitable map of the area
showing existing mobile home sites, in duplicate.
(4)
A map with each mobile home lot consecutively numbered shall be on
file with the Chief of the Ogden Fire Department.
(5)
Each mobile home shall be equipped with a fire extinguisher and smoke
detector with hard wire, plus a battery-operated smoke detector.
(6)
Updating shall be done to comply with this section.
A.
Each application for a new mobile home park shall be in writing and
signed by the applicant. The application and related information shall
be filed with the Town Clerk in duplicate.
B.
The Town Clerk shall refer one copy to the Building Inspector and/or
Code Enforcement Officer for review and approval. The Building Inspector
and/or Code Enforcement Officer, after review, shall transmit the
application to the Town Board, together with the Building Inspector's
and/or Code Enforcement Officer's written recommendation as to
whether the application meets or does not meet the minimum health
and sanitary standards as defined and required by the New York State
Department of Health and other New York agencies, within 30 days of
filing.[1]
C.
The Town Board shall review the recommendations of the Building Inspector
and/or Code Enforcement Officer and further review the general arrangement
of the park and factors that may influence the health, safety and
economic welfare of the Town and its inhabitants and, by resolution,
approve or disapprove the application. The application shall be returned
to the Town Clerk and the applicant notified, in writing, by the Town
Clerk of the decision rendered within five days thereof. If the application
is disapproved, the applicant shall have the right to appear before
the Town Board for a hearing, upon the applicant's written request.[2]
D.
Application data. Each application shall be accompanied by two complete
sets of plans prepared by a licensed land surveyor licensed by the
State of New York. The plans shall be drawn to scale and shall include
the date and North point. The following shall be provided:
(3)
Proposed development.
(a)
The location and widths of all entrances, exits and streets.
(b)
The location, size, lot number and arrangements of each lot
within the park.
(c)
The method and plan for electric lighting.
(d)
The location and plan of any proposed structures and improvements.
(e)
Any proposed grading and landscaping.
(f)
Proposed stormwater drainage.
(g)
Proposed utilities.
(h)
The source of water supply.
(i)
The proposed method of sewage disposal.
A.
Site. The park shall be located on a well-drained site where soil
conditions are suitable and properly graded to ensure rapid surface
runoff and free at all times from stagnant pools of water. Brush shall
be cleared from the site so as to reduce fire hazard. The park shall
be at least 20 acres in size, with 100 or more feet of frontage on
a public road, with 100 feet of setback from said road and properly
landscaped subject to state and local laws.
B.
Mobile home lots. Each mobile home park shall be marked off into
mobile home lots, and each lot shall be numbered. Each mobile home
lot shall have an area of not less than 15,000 square feet.
C.
Mobile home. Any mobile home shall not be parked or otherwise located
nearer than a distance of:
D.
Accessibility.
(1)
Each mobile home park and each unit in such park shall be easily
accessible from an existing public highway. Where a mobile park has
more than six mobile home lots, two points of entry and exit must
be provided unless a large improved turnaround area for emergency
vehicles is maintained.[1]
(2)
All entrances and exits shall be at right angles or nearly so to
the public highways and designed for the safe and convenient movement
into and out of the park.
(3)
All entrances and exits shall be free of any construction or growth
which would impede the visibility of the driver on the public highway
or street.
(4)
Each park shall have improved streets for the convenient access to
all mobile home lots and other facilities.
(a)
Streets shall be built to meet Town and state specifications.
(b)
The street system shall be designed to permit safe and convenient
vehicle circulation within the park.
(c)
Streets shall intersect at right angles or nearly so or shall
be of a design acceptable to the Town Board.
(d)
All streets shall have two-way traffic, meeting state standard
regulations.
(e)
Except in cases of emergency, no parking shall be allowed on
such streets.
(f)
All streets shall remain as private roads and maintenance shall
be the owner's responsibility, unless taken as public roads or
dedicated to the Town.
E.
Parking. One off-street parking space shall be provided on each mobile
home lot and shall have dimensions as set forth in the Town's Design
Criteria. Additional off-street parking spaces shall be provided within
the mobile home park for guest and delivery and service vehicles.[2]
F.
Utilities and service facilities. The following utilities and service
facilities shall be provided prior to the occupancy of any lots by
mobile homes within such development, which shall be in accordance
with the regulation and requirements of the New York State Department
of Health:
(1)
An adequate supply of potable water for drinking and domestic purposes
shall be supplied by pipes to all mobile homes and facilities in the
park. Each site shall be provided with proper and sanitary water connections.
(2)
Each mobile home shall be provided with a sewer to receive the waste
from such home. The sewer shall be connected to a public sewer system
so as not to present a health hazard. Sewer connections in unoccupied
lots shall be sealed to prevent the emission of any odors.
(3)
Garbage and rubbish shall be disposed of as necessary.
(4)
No community laundry facilities shall be permitted in any mobile
home park unless suitable plans for waste disposal have been approved
by the New York State Department of Health.
G.
Recording. The owner or operator of each mobile home park shall keep
a written record of all persons occupying or using park facilities.
This record shall be available for a period of at least three years
from the date of occupancy.
A.
Restrictions. No person shall use or park any trailer coach, house
car or automobile trailer for living or sleeping quarters within the
Town of Ogden except as hereinafter provided.
(1)
The Town Clerk, upon written application and receipt of a fee as
set from time to time by the Town Board accompanied by the written
consent of the owner or lessee of the premises, may issue to the owner
or operator of a house trailer a license to park or locate such house
trailer on said premises, to continue in force for a period of 15
days from the date of issuance.[1]
(2)
The Town Clerk, upon written application and receipt of a fee as
set from time to time by the Town Board, may issue to the owner or
operator of a house trailer located on the premises owned by the applicant
to whom has been issued a building permit for the construction of
a residence a license to park or locate such trailer on such premises
to continue in force for a period of six months from the date of issuance.
(3)
The application for such license shall state the name and address
of the applicant, the name and make of the house trailer, the state
and year of registration and the street and number where located,
and, if made pursuant to Subsection B, proof of ownership of the lot
or parcel of land shall be submitted.
(4)
Not more than one such house trailer shall be permitted to park or
locate on each separate lot or parcel of land. Such house trailer
shall not be parked or located nearer than 10 feet to the side line
of any lot or parcel of land nor within 30 feet of the street line
of such premises.
The Code Enforcement Officer or Building Inspector of the Town
of Ogden shall enforce all the provisions of this chapter. For the
purpose of determining compliance with this chapter, the Building
Inspector or Code Enforcement Officer may enter upon private property
of new mobile home sites and mobile home parks at reasonable times
and hours and shall be further empowered to enter a mobile home park
for the purpose of recording the number of developed lots at the effective
date of this chapter.
If the Building Inspector or Code Enforcement Officer finds
and reports to the Town Board that a mobile home park for which a
license has been issued is not being maintained in a clean and sanitary
condition or it is not being operated in accordance with the provisions
of this chapter, the Town Board may, by resolution, authorize the
personal service upon the holder of the license of a written order
which will require the holder of the license to correct the conditions
specified in such order within 10 days after service. If the holder
of such license shall fail to correct or refuse to correct the condition
or conditions specified in such order, the Town Board may, by resolution,
revoke such license, and the holder of the license shall thereupon
terminate the operation of such mobile home park or trailer camp within
30 days of such resolution. However, if the owner or operator of such
mobile home park shall thereafter correct such conditions and bring
the mobile home park in compliance with this chapter, such owner may
then apply for the issuance of a new license, and, if the application
is approved and a license granted, the applicant shall pay to the
Town Clerk the required fee without any credit for the fee paid for
the license which was revoked.
Any person, partnership, association or corporation who violates
any provision of this chapter shall be guilty of an offense against
this chapter and shall be subject to a fine of not more than $250
or to imprisonment for a period of not more than 15 days, or both
fine and imprisonment. When a violation of any of the provisions of
this chapter is continuous, each day or portion thereof shall constitute
a separate and distinct violation.
None of the provisions of this chapter shall be applicable to
the following:
A.
The business of mobile home or travel trailer sales, except where
the units are used as living quarters.
B.
The storage of mobile home or travel trailers, not being used for
living purposes, within a building.
C.
A mobile home or trailer located on the site of a work project which
is used solely as an office or storage house in connection with the
work project, provided that it is removed within 30 days after completion
of such project.
D.
A sectional house (modular home) which is prefabricated in sections,
transported to the building site, then fastened together and placed
on a permanent and enclosed masonry foundation and which contains
a minimum of 720 square feet of living space.
E.
The Town Board, upon petition, may grant a variance to the requirements
of this chapter, but only upon a showing of undue hardship.
