[HISTORY: Adopted by the Town Board of the Town of Concord 9-9-1991
by L.L. No. 2-1991. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public health,
welfare, safety, order, conduct, comfort, convenience and prosperity and the
well-being of persons and property in the Town of Concord, including those
occupying mobile homes or operating mobile home courts, by providing that
mobile home courts shall be established and maintained in accord with plans
and specifications and in a uniform manner approved by the Town Board after
review and recommendation by the Planning Board; by providing that mobile
homes shall be located in duly licensed mobile home courts; by making provisions
for the parking, storage or temporary licensing of mobile homes outside mobile
home courts; and by requiring that all mobile home courts shall be duly licensed
and periodically inspected.
A.
When not inconsistent with the context, words used in
the present tense include the future tense, and plural and singular connotations
are interchangeable.
B.
ALL-WEATHER HARD SURFACE
APPROVE
COURT SITE PLAN
COURT STREET
DRIVEWAY
ENFORCEMENT OFFICER
FIRE COMPANY
LICENSE
MOBILE HOME
MOBILE HOME COURT
MOBILE HOME SITE
MOBILE HOME STAND
PATIO
PERSON
SERVICE BUILDING
SHALL
TOWN BOARD
TOWN CLERK
Unless clearly indicated otherwise by context, the following
terms, words and phrases, when used in this chapter, for the purposes of this
chapter, shall have the meanings respectively ascribed to them in this subsection:
Macadam or stone/concrete.
Found to be conforming to the provisions of this chapter.
The plan required of an applicant to be filed for a license to establish,
maintain and operate or enlarge, alter or change a mobile home court in the
Town of Concord pursuant to the provisions of this chapter, showing in sufficient
detail and otherwise documented as to be conforming to the provisions of this
chapter.
A private way which affords principal means of access to individual
court units or auxiliary buildings and to a public thoroughfare.
A minor private way used by vehicles and pedestrians on a mobile
home court unit. This area may constitute off-court-street parking.
The person duly appointed by the Town Board to enforce the provisions
of this chapter. Unless otherwise designated by the Town Board, the Code Enforcement
Officer shall be the enforcement officer.
[Amended 9-13-1995 by L.L. No. 3-1995]
Refers to the organization, public or private, authorized by the
Town or by state law to provide fire prevention and fire protection services
to any or all areas of the Town of Concord.
A written certification duly issued by the Town authorizing and permitting
the operation or alteration and extension of a mobile home court or the temporary
location of a mobile home under the provisions of this chapter.
A movable or portable single-family unit or dwelling designed and
constructed for quick mobility by towing on its own chassis, comprised of
frame and wheels, completely manufactured and assembled off site without a
permanent foundation for transportation to a location for year-round living,
providing and equipped with facilities or simple connecting devices for connection
to utility and sanitary sewer services. Said unit may contain parts that may
be folded, collapsed or telescoped when being towed and expanded later to
provide additional cubic capacity, as well as two such separately towable
components designed and manufactured to be joined into one integral unit capable
of being again separated into the components for repeated towing. A "mobile
home" shall not include travel, camping or similar type trailers designed
to be used principally as a temporary or seasonal dwelling for travel, recreation
or vacation uses, having a body width not exceeding 32 feet, which may be
operated independently of utility or sanitary sewer connections or prefabricated
units used in residential construction.[1]
A parcel of land which has been designated and improved for the placement
of mobile homes for nontransient use and which cannot be plotted and filed
as a subdivision with the Erie County Clerk, as provided herein.
A designated lot or space for rent or lease only in any mobile home
court which shall be designed for and assigned to occupancy by one mobile
home, either single or double width.
That part or area of an individual mobile home unit which has been
reserved for the placement of a mobile home exclusive of any appurtenances.
Refers to a surfaced outdoor living space designed and intended to
supplement the interior mobile home living area on a seasonal, warm-weather
basis.
An individual, firm, partnership, corporation or other legal entity,
whether tenant, owner, lessee, lessor, licensee, agent, employee, heir or
assignee.
A structure housing sanitary, operational, office, recreational,
maintenance or other facilities built to conform to required standards of
this chapter.
Mandatory and required at all times.
The duly elected Town Board of the Town of Concord.
The duly elected Town Clerk of the Town of Concord.
[1]
Editor's Note: A second definition of "mobile home," which immediately
followed this definition, was deleted 9-13-1995 by L.L. No. 3-1995.
No mobile home shall be placed, parked, situated, stored located, installed, displayed, occupied or otherwise used on any land situated in the Town of Concord, outside the incorporated Village of Springville, New York, unless otherwise provided herein or permitted by Chapter 150, Zoning, except on a mobile home stand in a mobile home unit of a duly licensed mobile home court.
A.
All mobile home courts hereinafter operated or located
in the Town of Concord shall be duly licensed and periodically inspected as
hereinafter provided.
B.
No license shall be required for a mobile home located
and installed with all utility services connected thereto and otherwise in
full compliance with the provisions of this chapter on a designated mobile
home stand in a mobile home unit of a mobile home court for which a license
as hereinafter provided shall have been duly issued and in full effect.
A.
The Town Clerk of the Town of Concord, upon written application and upon payment of the required fee as established by the Town Board, shall issue a temporary license to park or to display for sale one mobile home subject to the following terms and conditions: A license to park, but not to occupy, or a license to offer or display for sale, but not to occupy, one mobile home in any residential or business district of the Town, as defined by Chapter 150, Zoning, may be issued for a period not to exceed six months, provided that the mobile home is so located as to be inconspicuous from any public highway and at least 100 feet from any dwelling on any adjacent lot, with setbacks as specified for the zoning district.
[Amended 9-13-1995 by L.L. No. 3-1995]
B.
An application for a temporary license shall be accompanied
by an accurate diagram or drawing showing the precise location proposed at
the site at which such mobile home is to be parked, the zoning district of
such site and the distance therefrom to the nearest public highway and to
the nearest dwelling on any adjacent lot. Before issuing a temporary license,
the Town Clerk shall cause the proposed site to be viewed by the Code Enforcement
Officer to ensure that such site is so located as to be inconspicuous from
any public highway. The term of a temporary license may be once renewed for
a period not to exceed three months.
C.
Temporary emergency parking for a period not to exceed
14 days of a mobile home on a premises, public or private, in the Town of
Concord while awaiting repairs shall not require a license nor be considered
in violation of this chapter but shall be subject to any other restrictions
imposed by law, ordinance or parking regulation.
D.
No temporary license shall be required for the storage
or parking of an unoccupied mobile home wholly within a garage or other completely
enclosed structure.
E.
A temporary license for one mobile home to be occupied
during the construction of a permanent single-family dwelling in an R-AG District
shall be issued for a period of two years, renewable for a period of one year,
upon application to the Town Board. The mobile home must then be removed.
[Amended 9-13-1995 by L.L. No. 3-1995]
The licensing provisions of this chapter shall not apply to a legally
existing mobile home which was lawfully located on any land in the Town of
Concord as a legal and permitted land use prior to the effective date of September
15, 1995.
A.
The original application for a mobile home court license
shall be filed with the Town Clerk. Such application shall be accompanied
by or contain the following:
(1)
Five copies of an appropriate mobile home court site
plan as hereinafter provided, drawn to scale, prepared under the seal of a
professional engineer or land surveyor duly licensed by the State of New York.
(2)
A certificate or certificates attesting that such site
plan has been duly approved by the Erie County Health Department.
(3)
A certificate of zoning compliance issued by the Code Enforcement Officer pursuant to Chapter 150, Zoning.
(5)
Five copies of the uniform terms of lease form and uniform
court rules and regulations proposed for utilization in the rental, use, occupancy
and operation of the mobile home court, as hereinafter provided.
(6)
The appropriate filing fee.
B.
One copy of the application with all the supporting documents
shall be distributed by the Town Clerk to the Planning Board for study and
recommendations and also to the Town Assessor, the Code Enforcement Officer
and the Town Superintendent of Highways. Upon receipt of the original application
and the proper filing fee, as established by the Town Board, and upon completion
of its review, the Planning Board shall, in turn, refer the application to
the Town Board. Following the recommendation of the Planning Board to the
Town Board, the Town Board may approve the plan as filed or modified.
[Amended 9-13-1995 by L.L. No. 3-1995]
C.
The Town Clerk shall thereafter issue a license to the
applicant for such mobile home court upon completion of the plan as finally
filed and the granting of a certificate of completion by the Code Enforcement
Officer as hereinafter provided.
A.
All mobile home court licenses shall expire on the 31st
day of December following the date of issuance but may be renewed, subject
to the provisions of this chapter, for additional periods of one year each.
If the initial license does not coincide with the January 1 date, the fee
for such initial license shall be prorated.
B.
A mobile home court license shall not be transferred
without approval of the Town Board.
C.
Application for a license renewal shall be filed with the Town Clerk by November 30 preceding the license expiration, who shall issue, after inspection by the Code Enforcement Officer and approval of the Town Board, such renewal license for the prescribed fee subject to the provisions of § 94-14D of this chapter.
[Amended 9-13-1995 by L.L. No. 3-1995]
Unless otherwise provided in this chapter, the standards, rules and regulations herein provided shall apply to the establishment, maintenance and operation of all mobile home courts, to all original applications for a mobile home court license, to all applications for renewal of a mobile home court license and to all applications for any transfer thereof. No exceptions shall be granted by the Town Board except upon finding that because of the unusual circumstances of the shape of the premises, the topography of the premises or other existing conditions, an extraordinary hardship would result from strict compliance therewith, in which event the Board may vary the applicability thereof so that substantial justice is done and the public interest served. No variance shall be granted that permits or requires less than substantial compliance with the provisions of this chapter or which shall have the effect of nullifying the intent or purpose thereof or of the requirements of any applicable state, county or Town agency or of Chapter 150, Zoning.
A.
Mobile home court site plan. A mobile home court site
plan shall cover a single tract or parcel of land containing not less than
20 contiguous acres in area and shall show or otherwise document:
(1)
The location, boundaries, dimensions and topography of
the tract of land proposed to be used for the mobile home court.
(2)
The number, location and size of all spaces designated
or reserved for independent mobile home units to be licensed thereunder and
all service outlets and connections therefor.
(3)
The location of each mobile home stand within each mobile
home unit to be licensed thereunder.
(4)
The boundaries of and facilities to be included in all
recreation areas.
(5)
The location, site and electric lighting plan for all
roads, walks and outdoor areas.
(6)
The location of all service buildings and all other proposed
structures.
(7)
The location, type and capacity of water supply, distribution
and storage, sewage treatment and disposal and stormwater drainage facilities
to be provided.
(8)
Plans and specifications for all service buildings and
other improvements to be constructed within the mobile home court, as required
for the building permit.
(9)
Suitable plans and specifications shall be furnished
for landscaping to be performed within and around all areas of the mobile
home court.
(10)
The location proposed for the storage of any and all
unoccupied mobile homes and the exact dimensions thereof, including a statement
certifying as to the maximum number of mobile homes to be stored or parked
therein at any given time.
(11)
Such other information, in such detail, as may be reasonably
required by Town or other lawful reviewing authorities.
B.
Mobile home court design standards. Each mobile home
court unit containing a single-width mobile home shown on said plan shall
be at least 60 feet wide and contain in area a minimum of 6,000 square feet.
Each mobile home unit containing a double-width mobile home shown on said
plan shall contain in area a minimum of 7,800 square feet. Each mobile home
unit shall abut on a court street with access to a public highway.
(1)
Each unit shall be clearly defined, and mobile homes
shall be parked or otherwise located within the area of such unit so that
no mobile home shall be:
(a)
Less than 20 feet from any other mobile home.
(b)
Less than 10 feet from any sideline of any mobile home
court unit.
(c)
Less than 55 feet from edge of any public right-of-way.
The Planning Board of the Town may, however, for stated reasons, recommend
a greater setback as approved by the Town Board, which area shall not be used
for accessory uses or for recreation or vehicular parking. If such setback
area is part of the mobile home court premises, such setback area shall be
satisfactorily landscaped as shown on the mobile home court site plan and
maintained in a mowed condition.
(d)
Less than 25 feet from any property line or property
abutting the mobile home court site.
(e)
Less than 15 feet from any court street.
(f)
Less than 15 feet from the rear line of any mobile home
court unit.
(3)
Suitable vehicular access shall be provided to each mobile
home court unit. Each court street shall be well marked and continuous and
shall connect with a street or highway at a ninety-degree angle, and at least
a twenty-foot width shall be improved and maintained with an all-weather hard
surface on a suitable base. All court streets shall be illuminated as per
standards required for residential subdivisions in the Town. The maintenance
of all court streets and snow removal therefrom shall be the responsibility
of the mobile home court owner.
(4)
The mobile home court owner shall provide a driveway
for each mobile home unit. Each driveway shall connect to a court street.
The driveway shall not be less than eight feet in width and shall be improved
and maintained with an all-weather hard surface on a suitable base, shall
provide for two cars and shall be of a design as approved by the Planning
Board.
(5)
An area or areas restricted to recreational uses shall
be provided and maintained by the court owner in each mobile home court. A
minimum of 500 square feet per mobile home court unit shall be made available
in one or more places within the court for this use, provided that at least
one such area restricted to recreational usage shall not be less than 1/2
acre in area. The Planning Board of the Town may require suitable fencing
and landscaping of such area for screening purposes.
C.
Utilities in mobile home parks.
(1)
No mobile home court license shall be issued unless and
until the water system thereof is connected to and serviced by a water supply
and distribution system approved by the Erie County Health Department and
until the water system, sewer system and all utilities of the mobile home
court have been connected and completed to each mobile home stand and to each
building. This requirement may be met through a phased development plan that
has been approved as such by the Erie County Health Department and the Town
Board. Drinking water facilities shall not be placed in any toilet room or
water closet compartment.
(2)
All plumbing in a mobile home court shall be constructed
and maintained in accordance with standards approved by the Erie County Health
Department and with all applicable state and local laws and regulations.
(3)
All waste from showers, tubs, toilets, laundries, faucets,
sinks and lavatories shall be washed into a public sewer system or a private
sanitary disposal system whose design, capacity, construction, operation and
use are approved by the Erie County Health Department.
(4)
An electrical outlet shall be provided for each mobile
home stand. The installation of said outlet shall comply with standards approved
by the American Insurance Association or its successors and with all applicable
state, county and Town laws and regulations. The use of coal or coke for heating,
lighting or cooking shall be prohibited in all mobile homes and in any service
building.
D.
Refuse disposal in mobile home courts. The storage, collection
and disposal of refuse in a mobile home court shall be so managed as to create
no health or accident hazards, rodent harborage, insect breeding areas or
pollution of air or water.
Each mobile home court shall be subject to the fire prevention rules
and regulations applicable to the Town of Concord.
A.
Each mobile home court owner or operator shall maintain
a register containing a permanent written record of all mobile homes and occupants
using the mobile home court, which shall be made available to any authorized
person inspecting the mobile home court, be preserved for a period required
by the Code Enforcement Officer and contain the following:
(1)
The names and addresses of all mobile home occupants
residing in the court.
(2)
The make, model and license number and the name and address
of the owner of each motor vehicle registered to or operated by an occupant
in the court, if available.
(3)
The manufacturer's serial number, model designation,
name of the manufacturer, date of manufacture and the New York State seal
serial number of each mobile home parked in the court and the name and address
of the owner, if available.
(4)
The dates of arrival of each mobile home owner.
B.
In every mobile home court there shall at all times be
a building in which shall be located the office of the operator or persons
in charge of said court. A mobile home may be approved by the Town Board to
serve as said office instead of a separate building but must be conspicuously
identified as the office. A copy of the mobile home court license and a copy
of this chapter and all subsequent amendments thereto, as may be made from
time to time, shall be posted in said office.
C.
It shall be the duty of every attendant or person in
charge, together with the owner or licensee, to:
(1)
Keep the court register.
(2)
Maintain the court in a clean, orderly and sanitary condition
at all times.
(3)
Comply with and make such inspections as may be necessary
to ensure that there are no violations of this chapter and be liable for and
pay to the Town Clerk any mobile home court occupancy fees as may now or hereafter
be required by law.
A.
The living or storage space of any mobile home licensed
hereunder or located in a duly licensed mobile home court shall not be increased
without first obtaining a permit from the Code Enforcement Officer. Unless
prohibited by the owner or operator of the mobile home court, the following
temporary appurtenances may be permitted within a mobile home court unit:
a freestanding, completely enclosed storage shed not to exceed the dimensions
of 10 feet wide, 10 feet long and 10 feet from the ground level in height;
awnings or canopies attached to mobile homes; and screened or open patios
and a seasonal storm shelter, provided that no storage is afforded in such
shelter or patio. Any permit for the aforesaid appurtenances shall be approved
by the Town Board. None of the aforesaid appurtenances shall be located closer
than 10 feet from any mobile home court unit line.
B.
No occupied mobile home shall be located in a mobile
home court in any area other than upon a mobile home court unit.
C.
Mobile home courts shall at all times be maintained in
a clean and sanitary manner in accordance with the provisions of this chapter
and with any other requirements imposed as a condition of granting a license
or any renewal thereof. Nothing in this chapter shall be construed to abrogate
any of the provisions of the public health rules and regulations of the Erie
County Health Department or of the public health laws of the State of New
York. In the event of inconsistencies existing between the provisions of this
chapter and said county or state code or law, said code or law shall govern.
D.
A licensed mobile home court may not be altered, extended
or otherwise changed and the number of mobile home units for which a certificate
of completion has been issued may not be altered, extended or otherwise changed
without the approval of the Town Board pursuant to the filing and approval
of an amended site plan covering such alterations, extensions or other changes.
E.
Each mobile home shall be secured to its mobile home
stand by properly installed tie-downs.
F.
Each mobile home shall be fully skirted on all sides
with a material similar in appearance to the home it skirts.
G.
The owner or operator of each mobile home court shall
establish uniform court rules and regulations and uniform lease forms in the
rental, use, occupancy and operation of the mobile home court, true and complete
copies of which and all amendments thereto shall be filed with the Town Board
and be subject to Town Board approval. A copy of the court rules and regulations
and all amendments thereto, as approved by the Town Board, shall be posted
in the court office.
A.
Before a mobile home court commences operation, the Code
Enforcement Officer shall make an inspection of the premises to determine
that the site plan has been completed and that all of the requirements of
this chapter have been complied with before he or she grants and issues a
certificate of completion.
B.
No mobile home in a mobile home court shall be occupied
except upon the prior inspection of the Code Enforcement Officer and issuance
of a certificate of occupancy. A certificate of occupancy shall not be issued
until the mobile home has been property placed on a mobile home unit with
all service connections and utilities completed.
C.
The Code Enforcement Officer shall inspect all licensed
mobile home courts as often as may be necessary and also upon the filing of
any applications for a transfer of license. A renewal or transfer of license
shall not be issued until all violations found to exist have been remedied.
D.
If the Code Enforcement Officer shall find upon any inspection
that a mobile home court is not being maintained in a clean, orderly and sanitary
condition or that such mobile home court is not being operated in accordance
with the provisions of this chapter or is being operated in violation thereof,
the Code Enforcement Officer shall serve upon the licensee or the licensee's
agent or employee an order, in writing, directing that the condition or conditions
therein specified be remedied within 10 days after service of such order.
A failure to remedy such condition or conditions within a ten-day period shall
constitute a violation of this chapter. Each week's continued violation
shall be deemed and constitute a separate and additional violation of this
chapter and shall be punishable hereunder.
E.
The Town Board may, after notice and proper hearing,
revoke a mobile home court license or any other certificate, license or permit
issued pursuant to the terms of this chapter for a violation of any of the
provisions hereof. Upon any such revocation, the premises affected shall forthwith
cease to be used for the purpose of a mobile home court or site for a mobile
home, as the case may be, and all mobile homes covered thereby shall forthwith
be removed.
A.
No person may interfere, obstruct or hinder the Code
Enforcement Officer or any other authorized person proceeding in the discharge
of his or her duties with respect to or in the enforcement of the provisions
of this chapter.
B.
Failure to comply with any of the provisions of this
chapter is hereby declared to be an offense. Every person convicted of an
offense for a violation of any of the provisions of this chapter shall be
punishable by a fine of not more than $250 or by imprisonment for not more
than 15 days, or by both such fine and imprisonment.
[Amended 9-13-1995 by L.L. No. 3-1995]
C.
The prosecution or conviction for any violation of a
provision of this chapter or the imposition of any fine or term of imprisonment
shall not excuse such violation or permit the same to continue unremedied
or prevent the revocation of any license, certificate or permit issued pursuant
to this chapter.
D.
In addition to other remedies, the Town of Concord may
institute any appropriate action or proceeding, legal or equitable, as may
now or hereafter be provided or authorized by law to enforce this chapter
or prevent or restrain a violation thereof.
A.
Unless otherwise provided by action of the Town Board,
the Code Enforcement Officer of the Town of Concord shall be the enforcement
officer of this chapter. It shall be the duty and responsibility of the Code
Enforcement Officer to perform all tasks assigned to the enforcement officer
by the provisions of this chapter.
B.
The Town Clerk shall collect, record and turn over to
the appropriate Town officers all moneys received for license applications,
renewals or transfers thereof, permits, occupancy fees and other certifications
as provided for in this chapter or required by the Town Board.
C.
Fees for licenses, applications, renewals, transfers,
permits and such other authorizations by the Town as provided for in this
chapter or in any subsequent amendments thereto shall be established by the
Town Board as to type and amount.
