Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 4-7-1976 by L.L. No. 15-1976;[1] 7-22-1986]
[1]
Editor's Note: Local Law No. 15-1976 created the Department of Planning and Development, in which Department the Division of Building replaced the former Building Department. For the text of this local law, see Ch. 49.
As used in this article, the following terms shall have the meanings indicated:
MOBILE DWELLING
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, 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 a part of another building or structure, and which does not come within the definition of a modular home, but is suitable for year-round occupancy and containing the same water supply, waste disposal and electrical conveniences as in immobile housing.
MOBILE DWELLING PARK
Any lot, parcel, tract of land or plot of ground upon which 10 or more mobile dwellings, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.
MOBILE DWELLING SPACE
A plot of ground within a mobile dwelling park designed for the accommodation of one mobile dwelling.
No mobile dwelling park shall be erected, established, maintained or operated in an A Residence, B Residence or C Residence District. A mobile dwelling park may be erected, established, maintained or operated in a D Residence or E Business District, only upon the granting of special permission by the Town Board, after a public hearing as provided for in the case of amendments to this chapter, as provided in §§ 213-28 through 213-37. No mobile dwelling may be erected, established, maintained or operated unless it is within a duly authorized mobile dwelling park.
A. 
An applicant to the Town Board for use of any land or premises as a mobile dwelling park shall first obtain from the Department of Health a permit for the establishment and operation of such mobile dwelling park. The Department of Health permit or a certified copy thereof, together with the plan upon which it was issued, showing clearly the extent and area to be used for said park purposes and a legal description of the property, must be filed with the application.
B. 
The applicant shall be required to give written notice of the hearing before the Town Board on such application to all owners of property situated within 800 feet of the proposed mobile dwelling park and to file at such hearing proof that such notice was so given. Such notice shall be given by registered mail, posted at least 10 days prior to the hearing, and proof of mailing of such notice shall be filed with the Town Board.
A. 
The Town Board may grant such special permit after public hearing and provided that all other ordinances have been complied with. Such permit shall be constructed, maintained and operated in accordance with the ordinances, rules and regulations of the Department of Health, the Building Department and the Town Board.
B. 
The Town Board, in action upon a special permit hereunder, shall consider the standards and guidelines provided in § 213-259.1 hereof and may attach such conditions and requirements to the granting of such permits as it deems necessary.
Every special permit or application granted by the Town Board pursuant to the provisions of this article shall be and become null and void and of no effect, unless within 180 days after the filing with the Town Clerk of the resolution of the Town Board granting said special permit or application, the use so granted shall actually have commenced or the erection, construction, alteration, expansion, modification or reconstruction of a mobile dwelling or mobile dwelling park shall have actually commenced.
The Town Board may revoke any permit to maintain and operate a mobile dwelling park when the permittee has been found guilty, by a court of competent jurisdiction, of violating any provision of this article. After such conviction, the permit shall be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with the law.
All permits issued under § 213-258 of this article shall expire on the 31st day of December, next ensuing the plate of issuance thereof.
The following fees prescribed herein shall be paid to the Town Clerk, and no permits shall be issued by the Town Board until such fees shall have been paid. For a mobile dwelling park, the fee for a permit shall be at the rate of $50 for each unit therein, but in no event less than $1,000.
It shall be unlawful for any person, firm or corporation to place, keep or maintain any mobile dwelling on any land within the Town, outside of incorporated villages, without written permission of the owner of such land; and no person shall allow, suffer or permit any mobile dwelling to be placed, kept or maintained on any land owned, leased or controlled by him, except in a mobile dwelling park for which a permit has been issued by the Town Board.
Whenever a use or the location thereof is permitted, only if the Town Board shall approve thereof, the Town Board may, in a specific case and after notice and public hearing, authorize such permissive use and its location within the district in which this chapter specifies the permissive use may be located, subject however to the following:
A. 
Before such approval shall be given, the Town Board shall determine:
(1) 
That such use is reasonable, necessary and will be in harmony with and promote the general interest and welfare of the surrounding community.
(2) 
That the neighborhood character and surrounding property values are reasonably safeguarded.
(3) 
That the proposed use will not prevent the orderly and reasonable use of adjacent properties.
(4) 
That the site is particularly suitable for the location of such use in the community.
(5) 
That the access facilities are adequate for the estimated traffic from public streets, so as to assure the public safety and to avoid traffic congestion.
The mobile dwelling park shall conform to the following requirements:
A. 
The park shall be located on a well-drained site, properly graded to ensure rapid drainage and free from stagnant pools of water and shall be a minimum of 1 1/2 acres.
B. 
Each park shall provide mobile home spaces, and each such space shall have an area of not less than 5,000 square feet, except that the Site Plan Review Board is authorized to permit a cluster arrangement of said mobile homes to enable and encourage flexibility of design and development of the land in such a manner as to promote the most appropriate use of land and to preserve the natural and scenic qualities of open land; provided, however, that the number of mobile dwellings shall in no case exceed the number which could be permitted under the terms of this article; and be it further provided, however, that mobile dwelling parks which, at the time of the adoption of this article, existed lawfully with mobile dwelling spaces that do not comply with any of the foregoing minimum area and width or minimum average area and average width requirements may continue to operate and shall be excused from such compliance.
C. 
Mobile dwellings shall be so located on each space so that there shall be at least a twenty-foot clearance between mobile dwellings. No mobile dwelling shall be located closer than 10 feet to any building or roadway within the park. No mobile dwelling shall be located closer than 25 feet to any property line of the park abutting upon a public street or highway, except for such other distance as may be established by ordinance as a front yard or setback requirement with respect to conventional buildings in the district in which the mobile dwelling park is located.
D. 
All roadways and walkways within the park shall be hard-surfaced and lighted at night.
E. 
An electrical outlet supplying at least 100-115/220-250 volts, 100 amperes, shall be provided for each mobile dwelling space.
F. 
Each mobile dwelling space shall be provided with two off-street parking spaces, and no on-street parking shall be permitted. Accessory camper vehicles, travel vehicles, boats or other vehicles and cars shall not be stored or parked on individual mobile home spaces or in any street or roadway, public or private, but shall be stored or parked in a screened central storage area within the boundaries of the park.
G. 
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile dwelling spaces within the park.
H. 
Metal 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 dwelling space. The cans shall be kept in a sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans shall not overflow.
I. 
Every park shall provide and be equipped with fire extinguishing equipment in good working order, such as hydrants, fire extinguishers, warning and alarm signals, to the satisfaction of the Chief Fire Prevention Officer of the Town of Babylon.
J. 
All roadways in every park must be maintained in a passable and dust-free condition at all times and shall have a minimum width of 24 feet. Said roadways shall be kept unobstructed at all times.
K. 
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 and which is approved by the Suffolk County Department of Environmental Control and the Suffolk County Department of Health.
L. 
Service buildings.
(1) 
If provided, housing sanitation facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation system.
(2) 
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, 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.
(3) 
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.
No structural alteration or deviations from the approved site plan or application, which shall affect the outer appearance or capacity of a mobile dwelling or mobile dwelling park, shall be permitted without permission of the Town Board.
An existing mobile dwelling park may be altered, expanded, modified or reconstructed by special permit issued by the Town Board, pursuant to the provisions of this article.
Anything in this chapter to the contrary notwithstanding, in a mobile dwelling park located in either a D Residence District or E Business District, no mobile dwelling or mobile dwelling space shall be used and no mobile dwelling shall be erected or altered for any of the uses which are prohibited in a C Residence District pursuant to § 213-92 of this chapter. The following specifications, applicable to a C Residence District pursuant to the following sections of this Code, shall apply equally to a mobile dwelling park located in either a D Residence District or an E Business District:
A. 
Height of buildings, pursuant to § 213-93.
B. 
Lot area, pursuant to § 213-94.
C. 
Front yard depth, pursuant to § 213-95.
D. 
Corner lots, pursuant to § 213-96.
E. 
Double front lots, pursuant to § 213-97.
F. 
Side yards, pursuant to § 213-98.
G. 
Rear yards, pursuant to § 213-99.
H. 
Building area, pursuant to § 213-100.
I. 
Accessory buildings, pursuant to § 213-101, except that no accessory buildings shall be built within three feet of any side or rear lot line or nearer than 45 feet to any street line.
J. 
Fences, hedges and shrubbery, pursuant to § 213-102.
K. 
Permitted encroachments, pursuant to § 213-103.
L. 
[1]Size of buildings, pursuant to § 213-105.
[1]
Editor's Note: Former Subsection L, regarding specifications for signs, was repealed 9-25-1990, which ordinance also redesignated former Subsection M as Subsection L.
Any violation of this article shall be deemed to be an offense punishable as provided in §§ 1-15 through 1-17 of Chapter 1, General Provisions, of this Code, said penalties to be in addition to the suspension or revocation of any permit issued under the provisions of this article.