[HISTORY: Adopted by the Town Board of the
Town of Marbletown 8-4-1965; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Mobile Home and Mobile Home Park Ordinance of the Town of
Marbletown."
It is the purpose of this chapter to promote
the health, safety, morals and general welfare of the inhabitants
of the Town of Marbletown by the proper regulation of mobile homes
and mobile home parks.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle or combination thereof used, designed for use,
or capable of being used as sleeping or living quarters, either propelled
by its own power or the power of another vehicle to which it may be
attached. Any addition to such mobile home shall, for the purpose
of this chapter, be deemed to be a part of such mobile home.
Any lot, piece or parcel of ground whereon there are three
or more mobile homes located or parked, otherwise than for the purpose
of loading, unloading or discharge or entrance of occupants of passengers.
The lot or space in any mobile home park which shall be assigned
to or used and occupied by any one mobile home.
No person, firm or corporation, being the owner
or occupant of any land or premises within the Town of Marbletown,
shall use or permit the use of said land or premises as a mobile home
park without obtaining a permit therefor as hereinafter provided.
A.
Application for permit. The application for each mobile
home park permit shall be in writing addressed to the Town Board and
signed by the applicant. It shall state:
(1)
The name and address of the applicant;
(2)
The name and address of each partner if the applicant
be a partnership;
(3)
The name and address of each officer and director
if the applicant be a corporation;
(4)
A complete description of the premises upon which
the proposed park is to be located;
(5)
The name and address of the owner or owners of such
premises;
(6)
The number of park units to be provided in the proposed
park. The application shall be accompanied by two sets of plans and
specifications, drawn to scale, showing the layout of the park, the
location, size and arrangement of each park unit, location of streets,
location and number of toilets, lavatories and showers for each sex,
location of water services and location of slop sinks and garbage
receptacles. One set of plans shall be retained by the Town Planning
Board and the second set retained with the application. Where the
applicant is not the owner of the premises, the application shall
also be accompanied by a certified or photostatic copy of the lease
of the premises.
B.
Filing of application and submission of same to the
Planning Board and Town Board. Each application shall be filed with
the Town Clerk, who shall thereupon transmit the same to the Town
Planning Board. Such application shall indicate compliance by the
applicant with the minimum park requirements as established by rules
and regulations of the State Department of Health and by the Sanitary
Code of the State of New York and shall be accompanied by evidence
of the approval of the Ulster County Department of Health. The Planning
Board shall, after investigation, transmit the application to the
Town Board, together with its written approval or recommendations
pertaining thereto. All such applications shall, after investigation,
be approved or rejected by the Town Board, after which the applications
shall be filed with the Town Clerk and the applicants notified in
writing by the Town Clerk of the action taken thereon. If said application
be rejected, the applicant shall have the right to appear before the
Town Board for a hearing.
C.
Issuance of permit. The Town Clerk of the Town of
Marbletown, upon the written application and upon the approval of
the same by the Planning Board and the Town Board, and upon the receipt
of the fee hereinafter provided, shall issue a permit to become effective
from the date thereof and to continue in force through the 31st day
of December next succeeding for the use of the premises therein specified
as a mobile home park, which permit shall specify the number of the
park units which may be used in said park. Such permit shall not be
transferable or assignable.
A.
Location. No mobile home park shall be located within
2,500 feet of the boundary line of any property used for public school
purposes.
B.
Drainage and grading. All lands used as a mobile home
park shall be well drained, of ample size and free from heavy or dense
growth of brush or woods. The land shall be properly graded to ensure
proper drainage during and following rainfall and shall, at all times,
be so drained as to be free from stagnant water.
C.
Each mobile home park shall be subdivided and marked
off into park units, each of which park unit shall contain at least
5,000 square feet and shall be at least 50 feet by 100 feet in dimension.
No more than one mobile home shall be permitted to occupy any one
park unit. The park units shall be grouped in blocks with streets
at least 30 feet wide between each block. Each park unit shall have
direct access to a street. Mobile homes shall be so placed on each
park unit that there shall be a distance of at least 30 feet between
mobile homes. No park unit shall be located within 50 feet of any
public highway or street line or within 50 feet of any adjacent property
line or 100 feet of any dwelling house located on adjacent property.
Each mobile home park and all parts thereof shall be kept in a clean
and sanitary condition at all times.
D.
Water connection. Each such mobile home park shall
be provided with proper water connections on each such park unit
E.
Water supply. A sufficient supply of pure drinking
water shall be provided in convenient locations in the mobile home
park.
F.
Any mobile home park in which is parked or located
any mobile home not containing a water closet, lavatory and a shower
or bath tub, hereinafter called a "dependent mobile home," shall be
provided with toilets, showers, slop sinks and other sanitary facilities
which shall conform to the following requirements:
(1)
The toilet and other sanitary facilities for males
and females shall be either in separate buildings or shall be separated,
if in the same building, by soundproof walls.
(2)
Toilet facilities for males shall consist of not less
than one flush toilet for every five dependent mobile homes, one urinal
for every five dependent mobile homes, one shower with individual
dressing accommodations for every five dependent mobile homes, and
one lavatory for every five dependent mobile homes.
(3)
Toilet facilities for females shall consist of not
less than one flush toilet for every three dependent mobile homes,
one shower with individual dressing accommodations for every five
dependent mobile homes, and one lavatory for every five dependent
mobile homes.
(4)
There shall be provided in a separate compartment
not less than one slop sink or other like facility with an adequate
supply of hot running water for every five dependent mobile homes.
(5)
Service buildings housing the toilet and sanitary
facilities shall be permanent structures complying with all applicable
ordinances and statutes regulating buildings, electrical installations
and plumbing and sanitation systems, and shall be located not closer
than 10 feet to nor farther than 200 feet from any park unit.
(6)
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 moisture-proof material, including
painted woodwork, as shall permit repeated cleaning and washing, and
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.
(7)
All service buildings and the grounds of the mobile
home park shall be maintained in a clean, sightly condition and kept
free from any condition that will menace the health of any occupant
or the public or constitute a nuisance.
G.
Disposal of sewage and other water-carried wastes.
All sewage and other water-carried wastes shall be disposed of into
a private system approved by the Ulster County Department of Health
which includes a sanitary means of disposal, the operation of which
creates neither a nuisance nor a menace to health. Whenever a water
carriage system of sewage is used, each park unit shall be provided
with a sewer connection for the combined liquid waste outlet or outlets
of each mobile home; it shall be the duty of the owner or operator
of said mobile home park not to permit the use of these outlets until
the connection from the mobile home to the outlet has been made odortight
as well as watertight. Sewer connections in unoccupied park units
shall be so closed that they will not emit any odors nor cause a breeding
place for flies. No water or waste shall be allowed to fall on the
ground from a mobile home.
H.
Garbage receptacles. Each such mobile home park shall
provide equipment sufficient to prevent littering of the grounds and
premises with rubbish, garbage and refuse and provide fly-tight metal
depositories with tight-fitting covers at conspicuous locations upon
such premises. Such depositories shall be emptied daily and kept,
at all times, in sanitary condition. The depositories shall be so
located that no park unit shall be more than 100 feet from a depository.
I.
Electric service and connections. Each mobile home
park shall provide weatherproof electric service connections and outlets
for each park unit, all such connections and outlets to be of a type
approved by the New York State Board of Fire Underwriters.
The owner or operator of each mobile home park
shall keep a permanent record, in writing, of all persons occupying
or using the facilities of such mobile home park, which record shall
include the following:
A.
The name and address of each occupant of each mobile
home.
B.
The date of arrival at and departure from said mobile
home park of each mobile home and each occupant of each mobile home.
C.
The name and address of owner of each mobile home.
D.
The make and color of mobile homes.
E.
The registration year and number of each mobile home
and the state in which so registered.
Any peace officer and the health officer of
the Town shall have the right, at any reasonable time, to enter any
mobile home park and shall have the right, at all times, to inspect
all parts of said premises and to inspect the records required to
be kept in any mobile home park.
If a police officer, health officer, or any
authorized representative of the Town of Marbletown finds that any
mobile home park is not being maintained in a clean and sanitary condition
or is not being conducted in accordance with the provisions of this
chapter, 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 or the person in charge of said
park, directing that the conditions therein specified be remedied
within 10 days after date of service of such order. If such conditions
are not corrected after the expiration of said ten-day period, the
Town Board may cause a notice in writing to be served upon the holder
of said permit or the person in charge of such mobile home park, requiring
the holder of the permit to appear before the Town Board of the Town
of Marbletown at a time to be specified in such notice and show cause
why such mobile home park permit should not be revoked. The Town Board
may, after a hearing at which testimony of witnesses may be taken,
and the holder of the permit shall be heard, revoke such permit if
said Town Board shall find that said park is not being maintained
in a clean and sanitary condition, or if it finds that any provisions
of this chapter have been violated or for other sufficient cause.
Upon the revocation of such permit, the premises shall forthwith cease
to be used for the purpose of a mobile home park, and all mobile homes
shall be removed therefrom within 10 days of notification.
Application for the renewal of any mobile home park permit if issued pursuant to this chapter must be filed with the Town Clerk on or before the first day of December next preceding the expiration of the permit. The application for the renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 135-5A of this chapter in the case of the original application for permit, except that such renewal application need not be accompanied by a plan of the mobile home park nor is it necessary that said renewal application be accompanied by the lease of the premises unless a new lease of the premises has been entered into subsequent to the time of filing the previous application, in which event a certified or photostatic copy of the lease shall be attached to the application for renewal. Upon the approval of said application for a renewal of the permit by the Planning Board and the Town Board, the Town Clerk shall issue a renewal permit, which shall become effective upon the expiration of the prior permit and continue in force for a period of one year. Such renewal permit shall not be transferred or assigned. The applicant shall, at the time of issuance of said renewal permit, pay to the Town Clerk the fee provided in § 135-5D.
This chapter shall apply to all existing mobile home parks located in the Town of Marbletown on the effective date of this chapter, and such existing mobile home parks shall henceforth be maintained and operated in compliance with all of the provisions of this chapter, except that the provisions of § 135-6A, C, D, E, F and G shall not apply to mobile home parks in existence on the effective date of this chapter. Any additions, extensions or enlargements of existing parks shall be made in compliance with all the provisions of this chapter. The owner or operator of any existing park shall have 90 days after this chapter becomes effective to make an application pursuant to § 135-5 for a permit to operate such park.
A.
No mobile home shall be parked or allowed to remain
upon any street, alley, highway, or other public place for a period
longer than four hours, except that emergency stopping or parking
occasioned by mechanical failure is permitted upon the shoulder of
any street or highway for a period not longer than 24 hours, subject,
however, to any other and further prohibitions, regulations, or limitations
imposed by law, parking regulation or ordinance.
B.
No mobile home shall be parked or placed within the
Town and outside of a duly licensed mobile home park, except as follows:
(1)
An owner or occupant of a mobile home may, after compliance
with the provisions of this chapter, be granted a permit to park or
place such mobile home on premises outside a mobile home park. Said
permit shall be valid for a term of three months and no additional
permit shall be granted within a period of 12 months from the date
of the original permit, except that the Town Board, after an examination
of the facts and after according the applicant an opportunity to be
heard on such application, may, upon a finding of hardship or sufficient
extenuating circumstances, grant an extension of said permit for an
additional period of time.
(2)
An owner of land located within the Town who intends
to construct a dwelling house thereon for his own occupancy, after
compliance with the provisions of this chapter, may be granted a permit
to park or place a mobile home on said land during the construction
of said dwelling house, but not to exceed a period of one year. Such
permit may be extended by the Town Clerk for an additional period
of one year. No further extension shall be granted by the Town Clerk,
except that the Town Board, after an examination of the facts and
after according the applicant an opportunity to be heard, may, upon
a finding of hardship or extenuating circumstances, order the Town
Clerk to grant a further extension of said permit for a period not
to exceed one year.
A.
Application for permit. The application for each mobile
home permit shall be in writing, signed by the applicant, and shall
state the following:
(1)
The name and address of the applicant.
(2)
The name and address of each partner if the applicant
be a partnership.
(3)
The name and address of each officer and director
if the applicant be a corporation.
(4)
A complete description of the premises upon which
the mobile home is to be located.
(5)
The name and address of the owner or owners of such
premises.
B.
The application shall be accompanied by a plan, in
duplicate, drawn to scale and showing the boundaries of the premises,
the proposed location of the mobile home on the premises, and the
location and plan of the proposed water supply and sewage disposal
systems. If the applicant is not the owner in fee of the premises,
then the application must be accompanied by a certified or photostatic
copy of the written lease or, if there be no written lease, by the
written, acknowledged consent of the owner of the premises.
C.
Application for an extension of any permit granted
pursuant to this section may be made by letter and need be accompanied
only by such information as may be required by the Town Clerk of the
Town Board.
A.
Water supply and sewage disposal system. Any mobile
home parked or placed outside a duly licensed mobile home park shall
have an adequate supply of pure drinking water and a sewage disposal
system of a type approved by the Ulster County Health Department.
No mobile home so parked or placed shall be occupied until a certificate
or other evidence of the approval of the water supply and sewage disposal
system by said Ulster County Health Department shall have been filed
with the Town Clerk.
B.
Location and setback. No occupied mobile home outside
a duly licensed mobile home park shall be parked or placed within
40 feet of any public street or highway or within 30 feet of the side
or rear lot lines of the premises upon which it is so parked or placed.
If a police officer, health officer, or any
authorized representative of the Town of Marbletown finds that any
mobile home outside a mobile home park is not being maintained in
a clean and sanitary condition, or is not being maintained in accordance
with the provisions of this chapter, 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 and/or
the owner of the mobile home and/or the owner of the premises, directing
that the condition therein specified be remedied within five days
after the date of service of such order. If such conditions are not
corrected, after the expiration of said five-day period, the Town
Board may cause a notice, in writing, to be served upon the holder
of such permit and/or the owner of said mobile home and/or the owner
of the premises upon which it is located requiring the appearance
of the person so served before the Town Board of the Town of Marbletown
at a time to be specified in such notice and show cause why such mobile
home permit should not be revoked. The Town Board may, after a hearing
at which testimony of witnesses may be taken, and the person or persons
so served shall be heard, revoke such permit if the Town Board shall
find that said mobile home is not being maintained in a clean and
sanitary condition or if it finds that any provisions of this chapter
have been violated or for any other sufficient cause. Upon the revocation
of such permit, the mobile home shall be removed forthwith from the
premises and disconnected from its water supply and sewage disposal
system.
The provisions of §§ 135-12 and 135-14 of this chapter shall not be applicable to any mobile home parked or placed outside a duly licensed mobile home park on or before the effective date of this chapter. Any mobile home parked or placed outside a licensed mobile home park on or before the effective date of this chapter which shall be moved to any new lot or premises within the Town subsequent to said effective date shall immediately become subject to the provisions of §§ 135-12 and 135-14 of this chapter.
A.
None of the provisions of this chapter shall be applicable
to the business of mobile home sales.
B.
None of the provisions of this chapter shall be applicable
to the storage or garaging of mobile homes not being used for living
or sleeping purposes within a building or structure or to the storage
of one unoccupied mobile home on premises owned by the owner of such
mobile home; provided, however, that such unoccupied mobile home shall
not be parked between the street line and the front building line
of such premises.
C.
None of the provisions of this chapter shall be applicable
to a mobile home located on the site of a construction project, survey
project or other similar work project and used solely as a field office
or work or tool house in connection with such project, provided such
mobile home is removed from said site within a reasonable time after
the completion of such project.
The issuance of a mobile home park permit pursuant
to the provisions of this chapter shall not be deemed to waive compliance
by the holder thereof, by the property owner, or by any occupant of
said park with any statute of the State of New York or ordinance or
health regulation of the Town of Marbletown.
