[HISTORY: Adopted by the Clarkson Town Board as indicated in article histories. Sections 94-4G, 94-9, 94-10, 94-11, 94-14, 94-15A, 94-19 and 94-50 amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 72.
Flood damage prevention — See Ch. 76.
Subdivision of land — See Ch. 116.
Zoning — See Ch. 140.
[Adopted 8-12-1971]
This article shall be known as the "Camping Trailer Park Ordinance of the Town of Clarkson."
It is the purpose of this article to promote the health, safety and general welfare of the community and to protect and preserve the property of the Town of Clarkson and its inhabitants by regulating camping trailer parks in the Town of Clarkson, Monroe County, New York.
As used in this article, the following terms shall have the meanings indicated:
CAMPING TRAILER
A portable unit designed and built to be used for temporary living, including travel trailers, motorized homes, pickup coaches and camping trailers, registered and licensed for normal use on the highways of the State of New York, excluding, however, mobile homes as regulated by the provisions of the Mobile Home Park Law of the Town of Clarkson.[1]
CAMPING TRAILER PARK
A parcel of land under single ownership, which has been planned and improved for the placement of two or more camping trailers for transient residential use.
CAMPING UNIT
Any section, portion, site or plot of a camping trailer park devoted to the use of the occupants of any individual camping trailer.
DEVELOPER
Any individual, firm, trust, partnership, association or corporation involved in the development of a camping trailer park.
PRIVATE AREA
The open space that is associated with an individual camping site on which a camping trailer is placed.
SERVICE BUILDING
An individual structure on a lot used for the purpose of storage or a community building used to house laundry and other facilities as may be required.
TOWN BOARD
The Town Board of the Town of Clarkson.
[1]
Editor's Note: See Art. II, Mobile Home Parks, of this chapter.
A. 
Sites for camping trailer parks shall comprise at least 10 acres and shall conform to the zoning regulations stated by the Town Board.[1] The area shall be of such character that it may be safely used for the intended purpose without danger to health and safety from fires, flood or other menance.
[1]
Editor's Note: See Ch. 140, Zoning.
B. 
Conformance with health regulations. All sanitary and health regulations, state and local, shall be met. However, no water or sewage facilities servicing individual campsites shall be of a nature for year-round all-weather use. Each park shall, however, provide community service buildings of a permanent nature to house laundry facilities and other sanitary facilities, as required by the Planning Board, it being the intent of the Town Board that use of the premises be of a transient and temporary nature for recreational purposes only.
C. 
Site dimensions. Boundaries of trailer spaces and/or campsites shall be well-defined and permanently marked. Trailer spaces and campsites shall meet the following requirements:
(1) 
The density of development shall not exceed 15 units per developed acre.
(2) 
The private area associated with each lot shall be a minimum of 2,400 square feet.
(3) 
All camping trailers placed on the lot shall be no longer than 30 feet in length.
D. 
Yard provisions. Camping trailers shall be parked in spaces so that a minimum ten-foot front yard (from road right-of-way) and a ten-foot rear yard setback is observed.
E. 
Parking. Two car parking spaces shall be provided for each camping trailer site to meet the needs of the occupants of the camping trailer and their guests without interference with normal movement of traffic. At least one parking space shall be situated on each camping site, and the remainder shall be located in adjacent parking bays along the park streets. Each parking space shall have dimensions of at least 10 feet by 20 feet.
F. 
Entrances and streets. Streets shall be provided on the site where necessary to furnish principal trafficways for convenient access to the camping sites and other important facilities on the property. All two-way streets within the camping trailer park shall be not less than 24 feet in width and all one-way streets not less than 12 feet in width and shall be adequately lighted for safety of pedestrians and vehicular traffic. Plans for all entrances and exits for the camping trailer park must be approved by the Clarkson Planning Board.
G. 
Drainage facilities. All designs of drainage facilities should conform to the procedures currently applicable in the Town.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Recreation facilities. Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided to meet the anticipated needs of the clientele the park is designed to serve.
I. 
All camping trailers situate on the camping grounds must be properly registered and licensed for normal use on the highways of the State of New York, it being the intent of the Town Board to ensure the temporary and transient use of the camping park.
J. 
No camping trailer shall be allowed to occupy a campsite for a period of more than six months, and each camping trailer park shall maintain an accurate log showing dates of occupancy and departure and a detailed description, including license or registration number, of each camping trailer on the premises, which log shall be available for inspection and examination by the Building Inspector of the Town of Clarkson at any reasonable hour.
An adequate supply of water must be available to all occupants of camping trailers in the park subject to the provisions of § 94-4B of this article, and the quality must be satisfactory to the Monroe County Health Department.
An adequate and safe sewage system shall be provided in all camping trailer parks, subject to the provisions of § 94-4B of this article, for conveying and disposing of all sewage. Such systems shall be designed, constructed and maintained in accordance with county and state health laws and shall require their approval.
A. 
The storage, collection and disposal of refuse in the camping trailer park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents or fire hazards or air pollution.
B. 
All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 150 feet from any campsite. Containers shall be provided in sufficient number and capacity to properly store refuse.
C. 
All refuse containing garbage shall be collected at least twice weekly and disposed of off the premises at a landfill or similar municipal facility. When suitable collection service is not available from municipal or private agencies, the camping trailer park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
Whenever any camping trailer development is proposed for location of a camping trailer park, the developer or his authorized agent shall apply for and secure approval of such proposed camping trailer park in accordance with the following procedures.
A. 
Whenever a camping trailer park is proposed, the developer shall prepare and submit to the Planning Board five copies of a sketch plan of the proposed park development. The purpose of this step is to afford the developer an opportunity to consult early and informally with the Planning Board in order to save time and money and to make the most of opportunities for desirable development.
B. 
Before preparing a sketch plan, the developer may discuss with the Planning Board or the Town Engineer the general requirements as to design of streets, reservations of land, drainage, sewerage, water supply, fire protection and other improvements, as well as procedural matters. Developers of land adjoining state or county highways are advised to consult with the District Engineer of the New York State Department of Transportation or the County Director of Public Works at the sketch plan stage in order to resolve problems of street openings or stormwater drainage at the earliest possible stage in the design process.
C. 
The Planning Board shall study the sketch plan in connection with the topography of the area, existing requirements of the Zoning Ordinance,[2] the Master Plan and the Town Official Map, if any, and shall take into consideration the general requirements of the Town and surrounding community. Particular attention shall be given to the suitability of the land for development, the layout of proposed streets to make sure that adequate provision has been made for accommodating prospective traffic, provisions for stormwater drainage and the adequacy of proposed sites for parks, playgrounds and other community facilities.
[2]
Editor's Note: See Ch. 140, Zoning.
D. 
Not later than 60 days following the submission of the sketch plan, the Planning Board shall convey a written report to the developer containing its conclusions and recommendations concerning the design of the proposed park. One copy of the sketch plan shall be returned to the developer with the report; the other copy shall be retained by the Planning Board. Copies of minutes of the relevant meetings shall be sufficient written reports. If the developer does not receive such a report after 60 days, he may assume that the Planning Board has approved the sketch plan.
E. 
The sketch plan shall comply with the requirements as follows:
(1) 
The sketch plan shall be drawn on paper or other suitable material at a standard scale of not more than 200 feet to one inch.
(2) 
It shall show the following information:
(a) 
The title of the sketch, including the name and address of the developer.
(b) 
The North point, scale and date.
(c) 
The boundaries of the tract to be developed, plotted to scale. If the developer intends to develop the tract in stages, the entire tract shall nevertheless be included in the sketch plan.
(d) 
A topographic survey showing ground contours adjacent to and within the tract to be developed at intervals of not more than five feet, and all pertinent topographic and planimetric features within and adjoining the tract, including existing buildings, watercourses and their one-hundred-year flood limits, water bodies, swamps, wooded areas and individual large trees. Features to be retained in the park should be so indicated. (NOTE: Copies of the topographic maps showing the above information may be obtained through the Monroe County Planning Council, or enlargements of United States Geological Survey maps may be used. These maps may require the updating by the developer inasmuch as Monroe County Planning Council maps have information only as of 1961, while United States Geological Survey maps may be even more dated.)
(e) 
The approximate lines of proposed streets, sidewalks, lots and neighborhood recreation areas or other permanent open space.
(f) 
A schematic indication of the proposed system for stormwater drainage.
(g) 
A statement as to the proposed source of water supply and method of sewage disposal.
(h) 
An indication of the zoning of the tract and any other legal restrictions of use.
(i) 
The name or names of the landscape architect and/or licensed professional engineer and licensed land surveyor responsible for the preparation of the sketch plan and preliminary information.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
A preliminary plat shall be prepared and submitted to the Planning Board for all proposed camping trailer parks. The preliminary plat shall comply with the requirements made by the Planning Board in its report on the sketch plan, if any.
B. 
Five copies of the preliminary plat and supplementary material specified shall be submitted to the Planning Board at least 14 days prior to the meeting at which it is to be considered.
C. 
The Planning Board shall review the preliminary plat in connection with the recommendations made during the sketch plan stage. Particular attention shall be given to the suitability of the land for development, the layout of proposed streets to make sure that adequate provision has been made for accommodating the prospective traffic, provisions for stormwater drainage and the adequacy of proposed sites for parks, playgrounds and other community facilities.
D. 
Within 45 days of receipt of the preliminary plat by the Planning Board, the Planning Board shall hold a public hearing on such and shall act upon it within 45 days of the hearing. The Planning Board's action shall be in the form of a written report to the developer stating whether or not the preliminary plat is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report. The Planning Board's report may include recommendations as to desirable revisions to be incorporated in the final plan. If the preliminary plat is disapproved, the Planning Board's report shall contain the reasons for such findings. In such case, the Planning Board may recommend further study of the proposed development and resubmission of the preliminary layout to the Planning Board after it has been revised or redesigned.
E. 
The preliminary plat shall conform to the following:
(1) 
The preliminary plat shall be drawn on one or more sheets of tracing material not more than 36 inches by 48 inches in size, shall be clearly marked as a preliminary plat and shall be drawn at a standard scale of not more than 100 feet to one inch. If more than one sheet is required to show an entire tract, an index map shall be provided. (NOTE: Many of the requirements are repetitious of the sketch plan stage but are stated here for the purpose of classification and continuity.)
(2) 
The preliminary plat shall show the following information:
(a) 
The title of the drawing, including the name and address of the developer.
(b) 
The North point, scale and date.
(c) 
The boundaries of the tract to be developed, plotted to scale. If the developer intends to develop the tract in stages, the entire tract shall nevertheless be included in the preliminary plat, with the various stages of development clearly delineated.
(d) 
The names of the owners of adjacent land.
(e) 
Existing streets immediately adjoining and within the tract to be developed.
(f) 
Existing drains, waterlines and sanitary sewers nearby and within the tract to be developed, with their location, size, type and approximate elevations and gradients, using mean sea level as datum plane. Also, existing easements for such facilities.
(g) 
A topographic survey showing ground contours adjacent to and within the tract to be developed at intervals of not more than two feet of elevation, and all pertinent topographic and planimetric features within and adjoining the tract, including existing buildings, watercourses and their one-hundred-year flood limits, water bodies, swamps, wooded areas and individual large trees.
(h) 
The approximate lines and gradients of proposed streets and sidewalks.
(i) 
The names of proposed streets.
(j) 
The approximate lines of proposed lots, which shall be numbered.
(k) 
The approximate lines and the purpose of proposed easements.
(l) 
The approximate locations and dimensions of areas proposed for neighborhood parks or playgrounds or other permanent open space.
(m) 
A statement as to proposed source of water supply and method of sewage disposal.
(n) 
Indications of the zoning of the property to be developed and any other legal restrictions on its use.
(o) 
The location of any municipal boundary lines, existing special service district lines and zoning district lines within the tract.
(p) 
The name or names of the landscape architect and/ or licensed land surveyor responsible for the preparation of the preliminary plat and supplementary information.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
After receiving conditional approval from the Planning Board on a preliminary plat, the developer may prepare his final plat and submit it to the Planning Board for approval, except that, if more than six months has elapsed between the time of the Planning Board's report on the preliminary plat and submission of the final plat, and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary plat for further review and possible revision prior to accepting the proposed final plat for review. The Planning Board will be guided in its consideration of the final plat by the following procedures and requirements:
A. 
The final plat shall conform substantially to the preliminary plat that received conditional approval from the Planning Board. It should incorporate any revisions or other features that may have been required by the Planning Board at the preliminary plat stage, and all such compliances shall be clearly indicated by the developer on the appropriate submission. If the developer wishes to develop the camping trailer park in stages, he may prepare and submit a final plat for a portion of the area encompassed by the preliminary plat, provided that the proposed development stages were indicated on the preliminary plat reviewed by the Planning Board.
B. 
Application to the Planning Board for approval of the final plat shall be filed with the Building Inspector at least 14 days prior to the meeting at which it is to be considered. Such application shall be in writing on a standard plat approval form, copies of which can be obtained from the Town Clerk. Five copies of the proposed final plat shall be submitted with the application for approval.
C. 
The developer shall also submit an agreement to install all improvements shown upon the final plat in accordance with the standards and specifications of the Town of Clarkson within one year of the filing of said map unless such time limit is extended by the Town Board, upon written application made not less than 30 days prior to the expiration of said period, to pay the costs of all engineering, legal or inspection services required by the Town of Clarkson in connection therewith, as approved by the Town Supervisor within 30 days of receipt.
D. 
At the time of filing the application for approval, the applicant shall pay to the Town Clerk a fee as set forth from time to time by Town Board resolution for each camping site in a camping trailer park that will cover part of the cost of reviewing the final plat, publishing notices and inspecting construction work in the park. A copy of the fee schedule shall be kept in the office of the Town Clerk. The fee shall be credited to the Planning Board Town Outside Village Fund when the final plat is filed for final approval. There shall be a maximum fee that will be established by the Town Board.
E. 
If the application for final approval of the plat is complete and satisfactory, the Planning Board will schedule a public hearing within 45 days from the time of submission of the application for approval of the final plat, provided that, if the Planning Board deems the final plat to be in substantial agreement with the preliminary plat, the public hearing requirement at this stage may be waived. For the purpose of these regulations, the submission date shall be taken as the date of the first regular Planning Board meeting following by at least 14 days the date when the application for approval was filed with the Town Building Inspector. The hearing shall be advertised at least five days before its scheduled date in a newspaper of general circulation in the Town.
F. 
Within 45 days after the time of the hearing on the plat, or within 45 days of submission if public hearing is waived, the Planning Board shall approve, modify and approve, or disapprove the camping trailer park plat. In reviewing the final plat for a camping trailer park, the Planning Board shall consult with the Town Engineer and such other officials or agencies as may be appropriate in each case. The Town Engineer shall report to the Planning Board concerning the adequacy of engineering features shown on the final plat The action of the Planning Board shall be recorded in the Board's minutes, and the developer shall be notified of such action through transmittal of these minutes. In case of disapproval of a proposed final plat, the Planning Board shall state in these minutes its reasons for disapproval.
G. 
After the Planning Board has approved a final plat, the developer may proceed with the construction of public and private streets, drains and other improvements as shown on the construction detail sheet. When such improvements have been completed to the satisfaction of the Town Engineer and/or the Building Inspector, such official shall issue a written statement to that effect to the Town Board, the Planning Board, the developer and any other interested agencies or parties. Upon receipt of such statement, the Town Clerk shall sign the final plat as evidence that it has been approved by the Planning Board.
H. 
As an alternative to completing the improvements prior to having the final plat signed by the Town Clerk, the developer may post with the Town a performance bond or letter of credit secure sufficient to cover the full cost of the improvements as estimated by the Town Engineer. (This bond will be required only if the utilities are public improvements to be dedicated to the Town.) Such bond shall be subject to approval by the Town Board in accordance with § 277 of the Town Law and shall run for a term to be fixed by the Town Board. Upon posting of such performance bond or letter of credit and compliance with all other requirements, the Town Clerk shall sign and seal the final plat as evidence that it has been approved by the Planning Board. Within 60 days of said approval, plats shall be filed in the office of the Monroe County Clerk.
I. 
The final plat shall be drawn in ink on tracing cloth or material equally acceptable for filing with the Town Clerk and shall give sufficient survey data to determine readily the location, bearing and length of all lines shown thereon to permit the reproduction of such lines upon the ground.
J. 
The final plat submission shall be composed of three parts: construction sheet, record sheet and drainage report. They are described in the following sections.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The final plat construction sheet shall be 20 inches by 20 inches or 20 inches by 40 inches and shall be drawn at a scale of 50 feet to one inch. Where more than one sheet is required to show the routine development, a key map shall be provided. The following information shall be shown:
A. 
The title of the sheet, including the name and address of the developer.
B. 
The North point, scale and date.
C. 
The lines of existing and proposed streets and sidewalks immediately adjoining and within the camping trailer park.
D. 
Identification of existing and proposed streets or section numbers.
E. 
Typical cross sections of proposed public streets.
F. 
Profiles of proposed streets to be dedicated to the Town at suitable vertical scale, showing finished grades in relation to existing ground elevation.
G. 
The layout of proposed lots, including lot numbers and proposed numbering system for homes, camp units or other buildings that may be erected on such lots.
H. 
The location and size of any existing and proposed sewers (stormwater or sanitary), water mains and pipes on the property or into which any connection is proposed.
I. 
Provisions for water supply and sewage disposal, and evidence that such provisions have received approval of the Monroe County Health Department.
J. 
Locations of survey monuments.
K. 
Plan and typical cross section of proposed sidewalks to be dedicated to the Town.
L. 
A development plan, including landscaping, for any proposed neighborhood park or playground within the campground.
M. 
Brief specifications, or reference to the Town of Clarkson Standard Specifications, for all facilities to be constructed or installed within the tract.
N. 
A certification by a licensed professional engineer and a licensed land surveyor as evidence of professional responsibility for the preparation of the construction sheet.
Unless the Clarkson Town Clerk specified otherwise, the record sheet shall be 20 inches by 20 inches or 20 inches by 40 inches in size and shall be drawn at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map showing all sections shall be provided. The following information shall be clearly shown:
A. 
The title of the sheet, including the name and address of the developer.
B. 
The North point, graphic scale and date.
C. 
The boundaries of the camping trailer park and information to show the location of the development in relation to surrounding property and streets, including names of owners of adjacent developments. In whatever manner that is practical, the park boundary shall be referenced from two directions to established United States Coast and Geodetic Survey monuments or New York State Plane Coordinate monuments. In the event that such monuments have been obliterated, the park boundary shall be referenced to the nearest highway intersections or previously established monuments. Any combination of types of reference ties may be accepted which would fulfill the requirement of exact measurements from the park boundary to reference points previously established for or by public agency.
D. 
The lines of existing and proposed streets and sidewalks within the park, and the lines of existing or approved streets and sidewalks on adjoining properties.
E. 
The names of existing and proposed streets or sections.
F. 
The lines and dimensions of proposed lots, which shall be numbered. Any lot whose area does not conform to the Zoning Ordinance[1] shall have its area in square feet indicated as well.
[1]
Editor's Note: See Ch. 140, Zoning.
G. 
The lines and purposes of existing and proposed easements immediately adjoining and within the camping trailer park.
H. 
The lines, dimensions and areas in square feet of all property which is offered, or is to be offered, for dedication for public use, with the purpose indicated thereon, and of all property that is proposed to be reserved by deed covenant for the common use of the clientele of the campground.
I. 
The location of monuments to be placed within the camping trailer park.
J. 
The locations of existing and proposed water supply lines, storm sewers and sanitary sewers within the park.
K. 
The locations of any municipal and zoning boundary lines within the park.
L. 
Statements as to:
(1) 
The zoning of the property within the park.
(2) 
Compliance of the proposed lots with zoning requirements. If any lots do not comply but are covered by zoning variances, the statement should include reference to such variances.
M. 
Certification by a licensed professional engineer and a licensed land surveyor as evidence of professional responsibility for the preparation of the record sheet.
N. 
Delineation of one-hundred-year flood limits of any natural watercourse whose said limits extend to the land to be subdivided. Said line of demarcation shall have a unique indication and shall be clearly labeled "one-hundred-year flood limits of (name of watercourse)."
The final plat drainage report shall expand upon the report submitted at the preliminary plat stage and shall present plans and supporting data for stormwater drainage provisions within the development, including:
A. 
Plan, profiles and typical and special cross sections of proposed stormwater drainage facilities.
B. 
The supporting final design data and copies of computations used as a basis for the design capacities and performance of the drainage facilities.
C. 
The final park grading plan developed to suitable contour intervals, with grading details to indicate proposed street grades and elevations and building site grades and elevations throughout the camping trailer park. The contour interval of the grading plan shall be one, two or five feet (vertical), the selection to result in a horizontal distance between contour lines of not more than 100 feet.
D. 
All stormwater design shall be in conformance with specifications currently applicable in the Town.
E. 
Evidence that the above provisions for storm drainage have been approved by the Town Engineer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Upon final plat approval granted by the Planning Board, a camping trailer park license shall be granted for the designated lots shown on the final plat The license shall be renewed annually with fees as set forth from time to time by Town Board resolution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Such license shall be valid until January 1 succeeding the date of issuance of such license and shall be renewed annually thereafter by the Town Board if approved by it and upon payment of the fee prescribed in the above subsection.
The Town Board after a public hearing thereon, at which time the licensee shall have an opportunity to be heard, in its discretion, may revoke or suspend the permit or license granted under authority of this article for failure to comply with any of the terms of this article or any law or regulation relating to camping trailer parks or if said Town Board shall determine that the holder of the license is an undesirable person or incapable of properly conducting the business previously licensed.
A. 
Every camping trailer park shall be under the direct management of the owner or licensee or his agent or representative. Such person or persons must be of good reputation and character and shall operate such park from an office located on the grounds, in which office shall be maintained a bound logbook containing a record of the names of all persons accommodated at the park, their home addresses and the make and serial numbers of their camping trailers.
B. 
It shall be the duty of the licensee of any such park:
(1) 
To prohibit the storage of unsightly or combustible materials or the storage of abandoned vehicles of any kind.
(2) 
To provide for cleaning, painting, repairing and maintaining of all community buildings.
(3) 
To provide the camping trailer park with adequate fire protection consisting of a hydrant or hydrants, fire hose and fire extinguishers so located that the same shall be immediately available. Such fire equipment shall be inspected by the Fire Inspector at regular intervals and shall at all times meet with his approval.
(4) 
To take such other measures which shall be deemed necessary by the Town Board, the Monroe County Health Department and the Building Inspector to preserve the health, comfort and safety of all persons accommodated in the park or the general public.
A sales lot or area for the purpose of selling or parking camping trailers shall be prohibited within the camping trailer park. However, camping trailers may be sold if set up on specified lots, complete with electrical, sanitary and water services. The lots shall be landscaped and the camping trailers shall be suitable for living quarters.
Any person, firm, company or corporation owning, controlling or managing any structure or lot wherein or whereon there shall be placed anything in violation of any of the provisions of this article, and any person, firm, company or corporation who shall omit, neglect or refuse to do any act required by this article, shall be guilty of an offense punishable by a fine of not more than $250 or by imprisonment not to exceed 15 days, or both. Each day that such violation, disobedience, omission, neglect or refusal shall continue shall be deemed a separate offense. In addition to the remedies hereinbefore set forth, the Town Board may institute any appropriate action or proceeding to prevent any violation of the provisions of this article or to compel compliance therewith.
[Adopted 9-13-1988 by L.L. No. 3-1988]
This article shall be known as the "Mobile Home Park Law of the Town of Clarkson."
A. 
It is the purpose of this article to regulate mobile homes and mobile home parks within the Town of Clarkson, County of Monroe, State of New York. It is also the purpose of this article to promote the health, safety and general welfare of the community and also to protect and preserve the property of the Town of Clarkson and its inhabitants.
B. 
Although this article is created as a separate article, it shall be a subsection of and subject to the provisions of Local Law No. 1-1973 of the Town of Clarkson, which is the Zoning Chapter of the Clarkson Code and subject to state and county laws, rules and regulations.
The word usage and other features listed in § 140-2 of the Clarkson Code and the definitions in § 140-3 of the Clarkson Code shall apply to this article, and the following words or phrases, as used in this article, are defined as follows:
HEALTH OFFICER
The Department of Health, County of Monroe, State of New York.
MOBILE HOME
A single-family detached dwelling unit with any or all the following characteristics:
A. 
Manufactured as a relocatable dwelling unit intended for year-round occupancy and for installation on a site without a basement or permanent foundation.
B. 
Designed to be transported, after manufacture, on its own chassis and to be connected to utilities after placement on a mobile home stand.
C. 
Any similar portable structure mounted or designed for mounting on wheels and used or intended for use for dwelling purposes, except recreational or camping-type trailers.
MOBILE HOME PARK
Any lot, piece or parcel of ground upon which one or more mobile homes that may be used, are designed for use or are capable of being used as living or sleeping quarters are parked or located and where a charge is or is not made for such use.
PARK
"Mobile home park." Examples of this implied meaning are: "park owner" means "mobile home park owner," or a "park unit" means a "mobile home park unit," etc.
PARK OWNER/MANAGER
The person or persons to whom a mobile home park license is issued. The "park manager" is the person or persons charged by the "park owner" with the daily administration of mobile home park affairs. The "park owner/manager" may be the same person.
PARK UNIT
Any area of land in a mobile home park clearly delimited by markers at each of its corners, which shall be designated for and intended for the purpose of the placement thereon of a mobile home, to be used and occupied as a mobile home, and any permitted accessory structure incident thereto.
PLANNING BOARD
An administrative board created by the Clarkson Town Board, charged with the responsibilities of review and approval as specified by the various zoning codes for the Town of Clarkson.
SERVICE BUILDING
The structure or building to be used as a park office facility.
TOWN BOARD
The Town Board of the Town of Clarkson.
TOWN CLERK
The Town Clerk of the Town of Clarkson, County of Monroe, State of New York.
ZONING OFFICER (FORMERLY KNOWN AS "BUILDING INSPECTOR")
See § 140-37.
It shall be unlawful for any person, firm or corporation being the owner or occupant of any land or premises within the Town of Clarkson to use or to allow the use of said land or premises as a mobile home park without first having obtained a license therefor as hereinafter provided.
Every person, firm or corporation hereunder requiring a license to operate a mobile home park within the Town of Clarkson shall first file an application, in writing, for such license with the Town Clerk. It shall state:
A. 
The name and address of the applicant and the nature and extent of his interest in the business for which a license is desired. When the applicant is not the owner of the premises, the application shall also be accompanied by the original or photostatic copy of the lease of the premises, and a statement in writing signed by all of the owners consenting that the premises be used for the purpose of a mobile home park.
B. 
The name and address of each partner if the applicant is a partnership.
C. 
The name and address of each officer and director if the applicant is a corporation.
D. 
A complete description of the premises upon which the proposed park is or is to be located.
E. 
The name and address of the owner or owners of such premises when the applicant is not the owner of the premises.
F. 
The number of park units to be provided in the proposed park.
G. 
Such other information as may be required by the Town Clerk or other proper officers of the Town of Clarkson to assist in the execution of duties in connection therewith to be performed.
A. 
A site plan is required with every application for a mobile home park license. This site plan and all construction and all new uses in each mobile home park or changes in use shall be subject to site plan approval by the Planning Board in accordance with the procedures established in § 140-43 of the Clarkson Code, except that, if the applicant can prove to the Planning Board prior to application for the preliminary site plan approval that the change in use or overall facilities will not be significant, the Planning Board shall have the power to waive the necessity for further site plan review. However, the change that has been determined not to be significant must be entered on the site plan as a change, and the Planning Board shall give final approval for the change by motion.
B. 
Aside from the general requirements for site plan reviews, the following will also be included:
(1) 
A complete plan, drawn to scale, showing the layout of the park, the location, size and arrangement of each park unit, location of streets, location of water service and fire apparatus, which includes fire hydrants, location of open areas, sewers, parking spaces and storage areas, including dumpsters.
(2) 
Site utilities, grading, roadway, drainage and erosion control shall conform to applicable requirements of the Town of Clarkson Design and Construction Standards for land development.
A. 
The applicant shall address the requirements in § 140-24 of the Clarkson Code, Mobile Home District - MH, as well as the requirements of this article.
B. 
The applicant shall submit said application and site plan with fee to the Town Clerk. The Town Clerk will refer the same to the Planning Board for its review.
A. 
The Planning Board shall either approve the application and site plan as being in compliance with minimum mobile home park requirements as set out in the rules and regulations of proper administrative state and local government agencies and the laws of the State of New York and the ordinances and regulations of the County of Monroe and the Town of Clarkson, or it shall disapprove said application.
B. 
If the same is approved, such approval shall be endorsed upon the application, and, if disapproved, the application shall be endorsed accordingly, together with the reason or reasons for such disapproval.
The Town Clerk shall, upon approval by the Planning Board, issue said license, which shall expire the following December 31. The license shall specify the number of approved park units and the number of park units which may be used in said park.
The applicant for a mobile home park license shall, at the time of the issuance of any such license or license renewal and zoning permits, pay to the Town Clerk a fee as established by the Clarkson Town Board by resolution. The zoning permit is also required for the placement or removal of a mobile home and related structures under § 140-38 of the Clarkson Code.
A. 
Property used as a mobile home park shall be adequately drained, of ample size and free from heavy or dense growth of brush or weeds. The surface shall be properly graded so as to ensure rapid drainage during and following rainfall and shall at all times be so drained as to be free from stagnant pools.
B. 
The drainage from the mobile home park site should be handled in such a way that the Town can be assured that there will not be an increase in the rate of runoff leaving the site. Downstream impacts and necessary mitigation measures should be considered.
Each mobile home park shall be subdivided into park units and streets and demarked for such and other usages as may pertain to the proper operation and functioning of a mobile home park.
A. 
The boundary shall be clearly delimited by suitable permanent markers for reference by the occupant and Zoning Officer. The park license holder is responsible for prompt replacement of damaged or lost markers.
B. 
Each unit shall have conspicuously posted a number, five inches high minimum, following a consecutive numbering order, according to the present county standard for street address assignments.
C. 
The park unit boundary shall be distant not less than 75 feet from the street line of any public highway.
D. 
The park unit boundary shall be located not less than 20 feet or not less than the width of the buffer (see § 94-37), whichever is greater, to the lot line of any adjoining owner.
E. 
The park unit shall be occupied by not more than one mobile home or the park service building. (see § 94-45.)
F. 
The park unit shall have a boundary on a park street.
G. 
Yard requirements:
(1) 
No mobile home shall be nearer than 20 feet nor further than 30 feet to any park unit boundary that is a park street boundary line. Note that a corner park unit has two or more boundary lines that are park street boundary lines.
(2) 
No mobile home shall be nearer than 13 feet to any other boundary line of the park unit.
(3) 
A structure of reasonable area for a porch and/or storm entrance may be attached or connected to a mobile home but must not extend into this required yard by more than seven feet.
H. 
The minimum area is 5,000 square feet, with a minimum width of 50 feet. This width is measured at the park street boundary line.
I. 
The unit shall have two clearly defined parking spaces according to § 140-12.
A. 
Each park street shall be well marked in the daytime and lighted from dusk to daylight.
B. 
All entrances and exits from a mobile home park shall be well marked and so arranged that a traffic hazard will not thus be created.
C. 
A sufficient supply of water shall be provided to each park unit.
D. 
Electrical stations will supply each park unit. The electrical supply will be buried from the electrical station to the mobile home and conform to all state and local health and safety regulations.
E. 
All fuel systems shall be installed and maintained in accordance with all applicable codes and regulations governing such systems.
F. 
The sewer system shall be installed and maintained in accordance with all applicable codes and regulations governing such systems.
A. 
Each park unit shall be provided with a patio with a minimum width of eight feet (the width being the smaller of two dimensions) and a total area of at least 160 square feet. The patio shall be constructed of durable materials such as concrete or patio blocks and shall be so located as to give access to the mobile home. Specifications for patio construction shall be included in the site plan.
B. 
Entrance steps as needed shall be installed at all doors leading to the inside of the mobile home. Such steps shall be constructed of materials intended for permanence, weather resistance and attractiveness and shall be equipped with handrails which will provide adequate support for users, the step design to be in accordance with the Building Code.[1]
[1]
Editor's Note: See Ch. 72, Fire Prevention and Building Construction.
C. 
All mobile home units shall have enclosed lower skirting of a permanent, solid, noncombustible material applied in a workmanlike manner approved by the Zoning Officer.
A. 
Park units shall be graded to adequately drain surface water off the park unit.
B. 
The park owner shall provide or shall, by rules and regulations, require the occupant to provide that all exposed ground area of a park unit shall be seeded with grass. Bushes or other vegetation may also be planted. The park owner shall maintain or require that the occupant shall maintain these in a neat and attractive condition.
C. 
The park owner shall also provide that all other areas of the park and the unoccupied park units be maintained in a neat and attractive condition.
A. 
Auxiliary vehicles prohibited. No travel trailer, camper, boat or similar auxiliary vehicles shall be stored on any park unit. Off-street parking spaces on park units shall be used by passenger vehicles only. The park owner may provide a supplemental parking area for the storage or temporary parking of auxiliary vehicles.
B. 
Additional supplemental parking shall be provided for visitor or guest parking in small groups and located throughout the park, conveniently located to the park units they are to serve. The minimum number of such parking spaces shall be one space for every two park units.
C. 
Parking and storage areas are not permitted in the buffer area and shall be distant not less than 75 feet from the street line of any public highway.
D. 
Park unit accessory building.
(1) 
There shall be no exterior storage of materials, toys or equipment on a park unit. If outside storage is desired on the park unit, the mobile home park owner shall provide or shall require the occupant to provide no more than one accessory storage building. Such building shall not exceed 140 square feet in area and shall be of a standard prefabricated product. The park owner shall apply for a zoning permit from the Town of Clarkson before construction of the building, either at the time that the park is developed or as each site is occupied. No park unit accessory building shall be placed on the front half of any park unit, and the park owner shall strive to maintain uniformity in the location of such buildings. For park units with more than one boundary common with park streets, the location of the accessory building must be approved on the site plan.
(2) 
No other permanent rooms, lean-tos or other structures for year-round use and occupancy shall be erected, attached or connected with any mobile home without a zoning permit.
A. 
Purpose. The buffer area and screen plantings are to provide an aesthetically pleasing separation between the mobile home park and adjacent uses. The screening shall be of a type to provide a year-round screen.
B. 
A buffer area of not less than 20 feet wide along the extremities of the park and adjacent property lines shall be provided, exclusive of park units.
C. 
The buffer area shall contain natural growth or screen plantings, or a combination thereof, which shall be effective to height of at least six feet. The Planning Board shall approve the type, size and density of the screening so as to accomplish the stated purpose thereof in a reasonable growth time.
D. 
The buffer area shall have no other uses other than a foot walk or bicycle path. The buffer area shall be maintained in a neat and attractive condition by the park owner. The park owner shall restrict the residents of the adjoining park units and others from unauthorized use of the buffer area.
Any mobile home built before June 15, 1976, shall be anchored by over-the-top ties, and any mobile home built after June 15, 1976, shall be anchored by frame ties. The Building Code requirements must be met. In areas of floodplains, the Flood Damage Prevention Law shall apply.[1]
[1]
Editor's Note: See Ch. 76, Flood Damage Prevention.
A mobile home used for living quarters and for sales display purposes, owned and occupied by an authorized mobile home factory representative, shall be located on a park unit and in accordance with this article.
A. 
Emergency accessway. Any mobile home park with only one access road shall have one or more accessways, subject to the approval of the Town of Clarkson Superintendent of Highways, for the use of emergency vehicles.
B. 
Streets. The park street shall be paved and not less than 20 feet in width and shall not be dedicated.
C. 
Pedestrian circulation. Sidewalks and pathways shall be integrally designed so as to provide safe and convenient access between the park units, internal recreation, parking and service areas.
Every mobile home park shall provide suitable open or recreational space available for the use of the residents. As a general rule, the area of such open space shall be 400 square feet times the total number of park units shown on the approved site plan for the park, but not less than 5,000 square feet. The area or areas dedicated for open or recreational space shall be functional for the intended use and shall be in a location and shape approved by the Planning Board. The minimum area of an individual open space may be less than 5,000 square feet if the use is deemed functional by the Planning Board. Parking areas and buffer areas shall not be included in this space or use requirement.
A. 
The minimum size of a site shall be five acres. This applies to the total proposal, including plotted areas, if any.
B. 
The project size shall be 10 park units minimum.
C. 
The number of new mobile homes to be permitted in the Town will be determined under § 140-24A. For the specific park, this allocation will limit the number of mobile homes in a park until, if ever, there is an increase allocation. The preliminary design capacity of the park may exceed the permitted allocation.
D. 
The tract of land for the mobile home park shall abut a public street or highway. The frontage shall be 150 feet minimum and 300 feet maximum. The frontage shall be measured at the street line.
A. 
Only such water supply as approved by the Monroe County Health Department shall be used in any mobile home park.
B. 
All sewage drainage wastes, wastewater and the like shall conform to the requirements, directions and specifications of the Monroe County Health Department.
C. 
New mobile home parks must be connected to a sanitary sewer and to the public water supply.
Fire and accident regulations shall be in accordance with the New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 72, Fire Prevention and Building Construction.
The park owner or park license holder of every mobile home park shall be directly responsible for the management and care of every such park.
A. 
Building and record.
(1) 
A service building (park office) shall be designated and located on the park grounds. In such service building (office) shall be maintained 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, by park unit number, of each occupant of each mobile home.
(b) 
Date of arrival at and departure from said park of each mobile home and occupant of each mobile home.
(c) 
Name and address of owner of each mobile home.
(2) 
Such record shall be a matter of public record and shall at all times be available for inspection by any law enforcement officer or authorized Town officer.
B. 
It shall be the duty of the park owner or the park license holder of every mobile home park to:
(1) 
Provide for the timely collection of garbage and all other waste material.
(2) 
Prohibit the placing or storage of unsightly materials or vehicles of any kind.
(3) 
Prevent the committing of any nuisance in the mobile home park and property adjacent thereto and to report immediately to the proper authorities all acts of disorderly character committed by any persons inside the mobile home park and, to that end, to maintain policing thereof.
(4) 
Maintain conspicuously posted in a public place on the premises of the mobile home park a clean and clearly legible copy of this article.
A. 
Prior to the placement, removal, relocation or substitution of a mobile home, the park owner/manager shall apply for and receive approval from the Zoning Officer for a zoning permit stating the proposed action. For placement, relocation or substitution, the zoning permit shall also include the following conditions:
(1) 
The mobile home to be installed must have been constructed after June 15, 1976.
(2) 
The mobile home to be installed must conform to the placement on the park unit pursuant to the proper setback requirements.
(3) 
The mobile home to be installed shall be located on an approved park unit as noted within the site plan submitted in the license application.
(4) 
The mobile home to be installed will meet all health and safety regulations regarding the attachment to the various utilities (electric, gas, water, sewer, etc.)
B. 
For all newly placed, relocated or substituted mobile homes, a certificate of occupancy is required.
A. 
This Article shall be enforced by the Zoning Officer of the Town of Clarkson and/or such other officials as may be designated by the Town Board.
B. 
Said Officer and his representatives shall be authorized and have the right in the performance of their duties to enter any mobile home park and make such inspections as are necessary to determine compliance with this article. Such entrance and inspection shall be accomplished at reasonable times and in emergencies, whenever necessary to protect the public interest. Individual mobile homes and individual accessory buildings for mobile homes may be entered only at reasonable times, with just cause, on an appointment basis when the tenant is at home, except in emergencies, whenever necessary to protect the public interest. The park owner/manager shall be responsible for providing access to all parts of the premises to the enforcement officer or his agents.
C. 
The enforcement officer or his representative shall make an inspection of each mobile home park as may be necessary, but at least once each year, investigate all complaints made under this article and, upon detection of any violation, in addition to any other penalties herein provided, serve a written notice upon the park owner or his representative as designated on the license application, directing the park owner to correct the conditions therein specified within not more than 30 days after the date of delivery of such order. The order may also contain an outline of remedial action, which, if taken, will effect compliances.
(1) 
Service of the order may be made personally upon the park owner or such other person as may be designated on the license application or by registered mail.
(2) 
If such violation is not corrected within the period specified in the order or within any written extension of such time, the enforcement officer shall serve a notice, in writing, as provided in Subsection C(1) above, requiring the park owner to appear before the Town Board at a time specified in such notice to show cause at a hearing why the mobile home park license should not be revoked.
Any violation of this article shall be cause for revocation of the mobile home park license.
Application for the renewal of any mobile home park license issued pursuant to this article must be filed with the Town Clerk on or before the first day of December next preceding the expiration of said license. The procedure for obtaining a renewal license shall, in all respects, be the same as that set forth above for obtaining an original license. A license holder cannot transfer, assign nor sell any license issued to him.
Any person, firm or corporation determined to have violated any provision of this article shall be guilty of a violation and subject to a fine of not more than $250 or to imprisonment for a period of not more than 15 days, or both such fine and imprisonment, and, in addition, the violation of this article or any of the provisions thereof shall subject the person, firm or corporation violating the same to a civil penalty in the sum of $50. In the event of a continuous violation of any provision of this article, then each twenty-four-hour period thereof shall constitute a separate and distinct violation. Said penalty shall be recovered by the Town of Clarkson in a civil action. The application of a penalty or penalties or prosecution for a violation of the provisions of this article shall not bar not prevent the revocation of any license nor the enforcement of any such provision.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-9-1989 by L.L. No. 2-1989]
A. 
Where there are practical difficulties or unnecessary hardships, the Zoning Board of Appeals may hear and decide appeals from any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. Such appeals shall be in accordance with the provisions of § 267 of the Town Law of the State of New York.
B. 
Nothing herein shall be constructed to give the Zoning Board of Appeals the authority to vary or modify the requirements of the State Uniform Fire Prevention and Building Code or other applicable state law regulating mobile homes.
The provisions herein shall not be applicable to any mobile home stored, garaged or offered for hire or sale where such mobile home is not being used or occupied as living or sleeping quarters.
The issuance of a license pursuant to the provisions hereto shall not operate as a waiver of compliance by the holder thereof, the property owner or by any resident or occupant of said park in relation to these provisions or any statute of the State of New York or any other ordinance, local law or regulation of the County of Monroe or of the Town of Clarkson.