Town of Riga, NY Chapter 62 Mobile Home Parks

[HISTORY: Adopted by the Town Board of the Town of Riga 6-10-1996 as L.L. No. 4-1996. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 33.

Zoning — See Ch. 95.

§ 62-1 Purpose.

It is the purpose of this chapter to promote the health, safety and general welfare of the community and to protect and preserve the property of the Town of Riga and its inhabitants by regulating mobile home parks in the Town of Riga, in accordance with the Town Law.

§ 62-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MOBILE HOME

A detached single-family dwelling unit with any or all of the following characteristics: manufactured as a relocatable dwelling unit intended for year-round occupancy and for installation on a site without a basement or permanent foundation; designed to be transported after manufacture on its own chassis and connected to utilities after placement on a mobile home stand; designed to be installed as a single-wide or double-wide unit with only incidental unpacking and assembly; and/or designed and manufactured as the type of unit which would require, after January 15, 1974, a seal as provided for in the New York State Code for Construction and Installation of Mobile Homes. For the purposes of this chapter, dwelling units which are prebuilt in two parts and transported to and assembled on a permanent foundation are not considered "mobile homes."

MOBILE HOME LOT

A lot or site within a mobile home park on which not more than one mobile home may be placed. Said lot shall conform to all dimensional requirements set forth elsewhere within this chapter.

MOBILE HOME PARK

A contiguous parcel of land under one ownership or management used or designed to be used for the location of more than one mobile home.

MOBILE HOME STAND

Includes any concrete slab, piers, tie-downs or other anchoring devices, walkways, utility connections or other permanent fixtures of the mobile home lot. The "mobile home stand" shall conform to all applicable requirements of the New York State Uniform Fire Prevention and Building Code.

PARK OCCUPANT

Any person who shall occupy a mobile home within the boundaries of a mobile home park.

PARK OPERATOR

The person to whom a mobile home park permit or permit is issued or his representative on the premises of the mobile home park.

PERSON

An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit.

PLANNING BOARD

The Planning Board of the Town of Riga.

TOWN BOARD

The Town Board of the Town of Riga.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Riga.

ZONING ENFORCEMENT OFFICER

The enforcement official designated by the Town Board to administer and enforce the provisions of this chapter. In the absence of any other legislation specifically designating such individual, said position shall be held by the Building Inspector.

§ 62-3 Operation and maintenance.

A. Permit required. No person shall operate a mobile home park in the Town of Riga without first obtaining a park permit from the Town Board. All permits shall be issued for a period of one year only, to run concurrent with the calendar year and to expire on December 31. Applications for any mobile home park permit shall be filed with the Town Clerk on forms provided by the town. All applications for a new park permit shall include proposed rules governing the operation of the park. Such rules shall be subject to Town Board approval. To be eligible for a park permit or renewal thereof, the park shall be in compliance with requirements and conditions of this chapter and of any original permit. No permit shall be transferred or assigned. At the time of filing an application for a permit or a renewal, the applicant shall pay to the Town Clerk a fee to be determined by the Town Board.

B. Contents of application.

(1) The application shall state:

(a) The name and address of the applicant and the nature and extent of his interest in the business for which a permit is desired. When the applicant is not the owner of the premises, the application shall also be accompanied by the original or a photostatic copy of the lease of the premises and a statement in writing, signed by all of the owners, consenting to the premises being 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 the premises when the applicant is not the owner of the premises.

(f) The number of mobile home units to be located in the proposed park.

(g) Such other information as may be required by the Town of Riga to assist in the evaluation of said application.

(2) Site plan. A site plan is required with every application for a mobile home park permit. This site plan and all construction and all new uses in each mobile home park or any changes in use shall be subject to site plan approval by the Planning Board in accordance with the procedures established in Chapter 95, Zoning, of the Code of the Town of Riga. Aside from the general requirements for site plan review, the following will also be included:

(a) A complete plan drawn to scale showing the layout of the park, the location, size and arrangement of each unit within the park, location of streets, location of water service and fire apparatus, including fire hydrants, location of open areas, sewers, parking spaces and storage areas, including dumpsters.

(b) Site utilities, grading, roadway, drainage and erosion control shall conform to the applicable requirements of the Town of Riga Design Criteria and Construction Specifications.

C. Application procedures. The application procedure for mobile home parks shall be as follows:

(1) Upon receiving an application for a new park permit, the Town Clerk shall refer the application to the Planning Board for review and recommendation to the Town Board.

(2) The Planning Board shall examine and inspect the property, application and plan and render a recommendation to the Town Board. The applicant shall follow the site plan approval procedure in effect at the time the application is submitted.

(3) Upon receiving a recommendation of the Planning Board, the Town Board shall conduct a public hearing 10 days after notice in the town's official newspaper is published. At the hearing, the applicant, as well as any other interested party, shall be allowed an opportunity to be heard on the application. If the permit request is disapproved, the Town Board shall state its reasons for such denial.

(4) Upon receiving a favorable decision from the Town Board, the Zoning Enforcement Officer shall issue the permit, which shall expire upon the following December 31. The permit shall specify the number of approved mobile home units within the park.

(5) Prior to the issuance of a permit for renewal, the applicant shall request and have forwarded to the Town Board a written certification from the Zoning Enforcement Officer that the park is in full compliance with the provisions of this chapter. After receiving the certification for the Zoning Enforcement Officer, the Town Board will act on the request.

D. Standards in granting or denying permits. In granting or denying any application for a mobile home park permit, the Town Board shall, in addition to determining compliance of said application or renewal with the standards imposed in this chapter, consider, along with any other issue it may deem relevant, the following matters as may be relevant to the application being considered:

(1) Whether the proposed mobile home park operation will be a nuisance in law or in fact; and whether it will be noxious, offensive or injurious by reason of production or emission of dust, smoke, refuse, poisonous substances, odors, fumes, noise, radiation, vibration, unsightliness or similar conditions or will contaminate waters.

(2) The effect of the proposed mobile home park operation on the orderly development and character of the neighborhood of the proposed operation and upon the development and conduct of other lawful uses in the vicinity.

(3) Whether the proposed mobile home park operation will have any effect upon the environment and specifically natural wildlife or waterfowl areas, marsh, swamp or wetland areas.

(4) Whether the proposed mobile home park operation will create hazards or dangers to persons or property in the vicinity.

(5) Whether the proposed mobile home park operation will adversely affect any natural drainage or floodplain areas which may exist in or about the proposed mobile home park area or whether such operation would affect the general water quality within such area.

(6) Whether the proposed mobile home park operation will divert, eliminate or in any way affect any natural streams, ponds or waterways in or about the area.

(7) Whether the proposed mobile home park operation would be within the general welfare and public interest of the residents of the surrounding area and of the Town of Riga in general.

(8) What conditions, restrictions and safeguards may be necessary, if it is determined that the application should be granted, to protect property values in the vicinity of the proposed mobile home park area and for the protection of the health, safety, morals, peace and general welfare of the community and of the public.

E. Renewal of permit. Application for the renewal of any mobile home park permit issued pursuant to this chapter must be filed with the town on or before the first day of December next preceding the expiration of the permit. The application for renewal shall be made on forms provided by the town. To be eligible for renewal, the park must be in compliance with the requirements and conditions of the original permit. Upon approval of said application for renewal, the Zoning Enforcement Officer shall issue a renewal permit, which shall become effective upon the expiration of the prior permit and shall continue in force for the term specified herein but in no event for a term longer than one year. Such renewal permit shall not be transferred or assigned. The applicant shall, at the time of application, pay to the Town Clerk the same fee as provided for above and due at the time of application for the original permit.

F. Operation and maintenance requirements.

(1) Restrictions of occupancy.

(a) In any mobile home park, no space shall be rented for the placement and use of a mobile home for residential purposes except for a period of one year or more.

(b) No mobile home shall be admitted to any park unless it bears the seal issued by the State of New York and required by the New York State Code for Construction and Installation of Mobile Homes. In addition, a building permit shall be obtained from the Zoning Enforcement Officer for the initial placement of any mobile home.

(c) No mobile home manufactured before January 15, 1974, shall be admitted to any park.

(2) Responsibilities of park operator.

(a) The person to whom a permit for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park and its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.

(b) The park operator shall notify park occupants of all applicable provisions of this chapter and inform them of their responsibilities and any regulations issued thereunder. Proof of such notification shall be kept on file in the form of a copy of these provisions signed by the mobile home owner.

(c) The park operator shall place or supervise the placement of each mobile home on its mobile home stand, including the assurance of its stability by securing all tie-downs and installing all utility connections. The park operator shall be responsible for the obtaining of a building permit prior to any new placement of a mobile home on its stand.

(d) The park operator shall maintain a register containing the names of all occupants and the make, year, seal and serial number, if any, of such mobile home. Such register shall be available to any official of the town inspecting the park.

(e) The park owner shall notify the town a minimum of 15 days prior to any transfer of ownership for purposes of inspection and shall allow access for the same.

(3) Responsibilities of park occupant.

(a) The park occupant shall be responsible for the maintenance of his/her mobile home and any appurtenances thereto and shall keep all yard space on his/her site in a clean and sanitary condition.

(b) It shall be the responsibility of each mobile home occupant to keep his/her site free of litter, rubbish, unused vehicles and equipment or parts thereof.

(c) The park occupant shall notify the town a minimum of 15 days prior to any transfer of ownership for purposes of inspection and shall allow access for the same.

§ 62-4 Regulations applicable to mobile home parks and homes within.

As of the effective date of this chapter, all new mobile home parks and mobile homes located in the Town of Riga shall conform to the following regulations. Any mobile home parks or mobile homes existing at the time this chapter became effective may continue and will be issued a permit subject to the provisions of § 62-6. Any additions or extensions to existing mobile home parks shall be subject to the same regulations and requirements as new mobile home parks. Those regulations which apply to county sanitary and state and local building and fire code regulations shall apply to all existing mobile homes and parks, as well as to new mobile homes and parks or additions thereto.

A. No new mobile homes shall be situated in the Town of Riga unless as part of a mobile home park, except as specifically permitted by this section.

B. Mobile home parks shall meet all the requirements of the New York State Uniform Fire Prevention and Building Code, the County Health and Sanitary Codes.

C. Each mobile home placed within a mobile home park shall have a minimum floor area of 600 square feet.

D. The display and commercial sale of mobile homes shall not be permitted within a mobile home park.

E. Dimensional requirements.

(1) A mobile home park shall contain a minimum of 10 acres.

(2) The minimum width of any mobile home park shall not be less than 500 feet.

(3) The minimum width of each mobile home lot shall be 60 feet, with a minimum depth of 100 feet. The minimum width of each corner lot shall be 70 feet.

(4) The density of development in a mobile home park shall not exceed 5.5 units per gross acre.

(5) No individual mobile home lot line shall be closer than 60 feet from any arterial or collector highway. All mobile homes and any attachment thereto shall have a front setback of at least 20 feet from any interior project road and minimum side and rear setbacks of 10 feet.

(6) No mobile home shall be nearer than 20 feet to any park boundary nor further than 30 feet from a park street.

(7) The boundaries of the park shall be clearly delimited by suitable permanent markers for reference by the occupants and the Zoning Enforcement Officer. The park operator is responsible for prompt replacement of damaged or lost markers.

F. Street, parking and walkway requirements.

(1) Road construction. Construction specifications and design standards for interior roads within mobile home parks shall be approved by the Planning Board. Park roads are intended to be dedicated to and maintained by the public, and construction specifications and right-of-way requirements as specified by the Town of Riga shall prevail. In addition, street names shall be prominently displayed at each intersection, and the number of each mobile home lot shall be clearly visible from the road.

(2) Parking. Two off-street parking spaces shall be provided for each mobile home site. Such spaces shall be located on the individual lot; and, in addition, supplemental parking for visitors shall be provided throughout the park, grouped in nearby locations to serve several mobile home sites. The minimum number of such parking spaces shall be one for every two mobile homes within the park.

(3) Auxiliary vehicle storage. A storage building for travel trailers, campers, snowmobiles and similarly auxiliary vehicles shall be provided for the use of the park residents. No auxiliary vehicle may be parked or stored on a mobile home site, parking area, driveway or roadway.

(4) Park entrance roads. Mobile home parks shall provide for a minimum of two independent connections with existing public streets. Such connections shall be designed to allow continuous access to the park, even if one connection is closed. Park entrance roads shall meet all construction requirements and design specifications of the Town of Riga.

(5) Mobile home lots adjacent to park entrance. No mobile home lot shall be located closer than 50 feet to the intersection of a park entrance road or any public highway. No private mobile home driveway shall have a direct connection with any preexisting public road.

(6) Sidewalks. Hard-surfaced stable-base individual walks shall be constructed to each mobile home stand from a street, driveway or parking space connected to a street. Common walks shall be provided in areas where pedestrian traffic is concentrated or special hazards exist, such as at the entrance to the park, along major roads and to the office and other important facilities.

(7) Prior to issuing a permit for a mobile home park, the site plan shall be reviewed and approved by the Fire Chief or Fire Marshal in order to ensure accessibility for emergency vehicles.

G. Foundation and anchoring.

(1) Each mobile home shall be installed on a wire-mesh-reinforced concrete slab, at least four inches thick, which extends to at least the periphery of the mobile home.

(2) Each mobile home shall have support and anchoring systems which, when properly designed and installed, will resist overturning and lateral movement (sliding) from windstorms. Adequate tie-down facilities shall be constructed and located in accordance with the New York State Uniform Fire Prevention and Building Code but shall at least include anchors and tie-downs, such as cast-in-place concrete dead-men eyelets embedded in the concrete runways. Skirting shall completely enclose the base of all mobile homes within a park. Such skirting shall be similar in character to the material used in the mobile home.

H. Utility and service requirements.

(1) All areas of a mobile home park shall be graded in a manner so that there will be no poorly drained areas. Grading shall not obstruct the natural drainage of surrounding properties.

(2) All mobile home parks shall be connected to an adequate public water and public sewer system.

(3) The storage and collection of garbage and refuse within each mobile home park shall be conducted so as to create no health hazards, rodent harborage, insect breeding area, fire hazards or air pollution. All garbage shall be stored in flytight, rodentproof containers.

(4) Each park street shall be well marked in the daytime and lighted from dusk to daylight. Signs shall be posted denoting the names of the streets within the park, and the number of each mobile home lot shall be indicated as well.

(5) All entrances and exits from a mobile home park shall be well marked and shall be arranged so that no traffic hazard is created.

(6) A sufficient supply of water shall be provided to each mobile home.

(7) The electrical and other utility lines shall be buried and shall conform to all local and state health and safety regulations.

(8) All fuel systems shall be installed and maintained in accordance with all applicable codes and regulations governing the same. If a gas line is available, connection shall be required.

(9) The sewer system shall be installed and maintained in accordance with all applicable codes and regulations governing the same.

I. Supplementary regulations.

(1) At least 10% of the gross land area of any new mobile home park shall be used for recreation and/or open space uses. Maintenance of said area shall be the responsibility of the park operator. The allocation of the recreational or open space usage is at the discretion of the Planning Board.

(2) The outer boundaries of a mobile home park shall contain a buffer zone. This buffer zone shall be composed of a green strip, not less than 20 feet in depth, located along all park boundaries. The buffer zone shall contain natural growth or screen plantings or a combination thereof, which shall be effective to a height of six feet. The Town Board shall approve the type, size and density of the screening so as to accomplish the stated purpose thereof in a reasonable period of time allowing for growth. The buffer zone shall have no other use other than a footwalk or bicyclepath. It shall be maintained in a neat and attractive condition by the park owner.

(3) Landscaping shall be provided by the park operator to ensure an attractive setting for mobile homes. 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.

(4) Each mobile home shall be provided with a patio not less than 10 feet in width and 200 square feet in area. The patio shall be constructed with sufficient base material to ensure stability and surfaced with paving stones, reinforced concrete or similar material. In addition, entrance steps as needed shall be installed at all doors leading to the inside of the mobile home. Such steps shall be constructed of weather-resistant and permanent materials and shall be equipped with a handrail adequate to provide support for users. Step design is to be in accordance with the provisions of the Uniform Fire Prevention and Building Code.

(5) The mobile home park operator shall provide each site with a paved concrete slab for the purpose of erecting an accessory storage building. Such building shall not exceed 100 square feet in area and shall be of a design and materials to be approved at the time of the initial application for a park permit. Locations for such buildings shall be identified on sketch plans submitted with the permit application. No such building shall be placed on the front half of any mobile home lot. No other permanent structures shall be erected or attached to any mobile home without the additional specific permission of the Town Board.

(6) If community facilities, such as laundry rooms, swimming pools, meeting rooms and recreation buildings, are to be provided as part of the park, plans indicating design, landscaping, parking and circulation and provisions for adequate supervision and management of such facilities shall be included as part of the application for a permit.

(7) All mobile home park roads, lots and facilities shall be furnished with adequate lights to ensure the safe movement of vehicles and pedestrians at night.

(8) Property used for 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. The drainage from the site shall 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.

§ 62-5 Individual mobile homes.

A. Special necessity. The Town Board may issue a temporary permit for a single mobile home not located in a mobile home park, upon proof to said Board of special necessity, when located on a farm and occupied by members of the farm family or by persons employed full-time on the premises and their families. Such permit must be renewed annually and shall be valid, provided that:

(1) The mobile home shall be located to the rear of the principal residence on the same lot and shall not be on its own independently owned lot.

(2) No permit for such use may be issued on a parcel of farmland which occupies less than 10 acres.

(3) The mobile home shall conform to the setback requirements for the zoning district in which it is located.

(4) The mobile home shall be supplied with its own potable water from a public source or a supply approved by the Monroe County Department of Health.

(5) The mobile home shall be provided with an adequate and safe sewage disposal system approved by the Monroe County Department of Health.

(6) The mobile home shall be provided with a stand and construction in accordance with the specifications outlined in this chapter.

(7) The mobile home shall be installed, provided with skirting and entrance steps in accordance with the specifications of this chapter.

B. Interim dwellings. A single mobile home may be maintained upon the written approval of the Planning Board, for a period of up to one year, for a mobile home not located in a mobile home park, when said mobile home is to be used as an interim dwelling during construction of a permanent residence or in the event a permanent residence has been damaged or destroyed by fire or other similar hardship conditions. In such cases, said mobile home shall be removed within 30 days following the occupancy of the permanent dwelling or immediately upon the expiration of the temporary permit. A single extension of up to 12 months may be granted by the Planning Board. The approval of the Planning Board or any extension thereof shall be conditioned upon compliance with the conditions listed in Subsection A(3), (4) and (5) above.

§ 62-6 Existing mobile home parks.

Existing mobile home parks shall comply with all of the conditions listed in this chapter, except for the following:

A. Existing mobile home parks shall submit an application for a mobile home park permit, as specified in § 62-3B, and said application shall include a site plan, as specified in § 62-3B(2); but the provisions of § 62-3C and D, as to the review and granting of new park permits, shall not apply.

B. Section 62-4C shall not apply, except to any new placements of mobile homes within the park, which would be required to conform.

C. Section 62-3F(2)(a) shall apply; and, in addition, the operator shall be responsible for snow removal over the full width of the roadway, and no snow or any other obstruction, except for parked vehicles, shall encroach upon the roadway. In no event shall the clear passageway be less than 12 feet, including any vehicles that may be parked along the road; and in no event shall a clear turning radius of less than 38 feet be maintained at any corners or intersections.

D. Section 62-4E(3) and (4) shall not apply.

E. Section 62-4E(5) and (6) shall not apply to any existing placements within the park, but any new placements of mobile homes would be required to conform.

F. Section 62-4F(1), (2) and (3) shall not apply.

G. Section 62-4G(1) shall not apply to any existing placements within the park, but any new placements of mobile homes would be required to conform.

H. Section 62-4H(2) shall not apply to any existing mobile home parks, but all existing mobile home parks shall have an adequate sanitary sewage disposal system as approved by the Monroe County Department of Health.

I. Section 62-4H(7) shall not apply only insofar as it requires burial of electrical and other utility lines.

J. Section 62-4I(2) shall not apply.

K. Section 62-4I(4) and (5) shall not apply to any existing placements within the park, but any new placements of mobile homes would be required to conform.

§ 62-7 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation, pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day that the offense is continued, a separate and distinct violation.