As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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:
[Amended 4-27-2022 by L.L. No. 10-2022]
