Town of Locke|
Local Law No. 2 of the year 1987
A local law Mobile Home Law for the Town of Locke, New York.
Be it enacted by the Town Board of the Town of Locke as follows:
Section 1: Short Title
This law shall be known as the Mobile Home Law, Town of Locke, New York
Section 2: Enactment Clause.
Enacted pursuant of the authority conferred by Article 2 of the Municipal Home Rule Law.
Section 3: Purpose
It is the purpose of this law to preserve the health, safety, and welfare of occupants of mobile homes and mobile home parks in the Town of Locke by insuring that suitable plans are prepared and provisions made for the placement of such occupancies upon individual lots or within parks so its to provide water, sewage disposal, recreation area, parking, and access to said occupancies.
Section 4: Definitions
- As used in this law the terms manufactured home and mobile home are defined by the terms of the N.Y.S. Uniform Fire and Building Code, Chapter D.
- Mobile Home Park-a parcel or adjoining parcels of land owned by the same party designed and improved for the placement of four or more mobile homes for non-transient use.
- Portable occupancy-a mobile structure, transportable in one or more section either under its own power or by another power source and having a smaller square footage area than a mobile home as defined in paragraph 1 of this section.
- Permanent residence-residence for a period in excess of 30 days.
Section 5: General Requirements
- No portable occupancy shall be used as a permanent residence:
- No mobile home shall be placed upon a separate lot without issuance of a permit under the terms of this law.
- No mobile home park shall be established without issuance of a permit under the terms of this law.
- All individual lots upon which mobile homes are placed shall comply with the standards set forth in the Town of Locke Set Back & Lot Area Law.
- All lots within a mobile home park shall comply with the standards eat forth in Article V of this law.
- No mobile home of less than 720 square feet of area and 12 feet in width shall be placed upon an individual lot or within a mobile home park.
- A mobile home on an individual lot or in a mobile home park shall be provided with skirts to screen the space between the mobile home and the ground. Such skirts shall be of concrete blocks or a permanent material similar to that used on the mobile home in providing a finished exterior.
- An existing mobile home which fails to meet the standards set forth in this Law and is unoccupied for a period in excess of six months and is located upon a lot which is at least one year in arrears in payment of property taxes shall be deemed to be abandoned. An abandoned mobile home shall be removed.
Section 6: Placement on Lot
- All mobile homes placed upon individual lots or within mobile home parks shall conform to the standards set forth in the N.Y.S. Uniform Fire and Building Code, Chapter D. Such standards govern compliance with applicable Federal Standards placement on mobile home stands connection to utilities provision of appropriate support, anchoring, and stabilizing systems; provision of clearance with other structures.
Section 7: Establishment of Mobile Home Park
- No permit for establishment of a mobile home park shall be issued until a plan showing the following information is supplied to the reviewing agency. The plan shall be certified by a licensed N.Y.S. land surveyor, professional engineer or architect.
- Boundaries of the plot areas.
- Entrances, exits, and walkways.
- Mobile home sites or lots.
- Method and plan of sewage disposal.
- Method and plan of garbage disposal.
- Water supply.
- Electric lighting (outdoors).
- Owner's and operator's name and address.
- Method and plan of storm water disposal.
- The reviewing agency shall not approve any Mobile home park plan which fails to show compliance with the following standards.
- A mobile home park shall have an area of not less than 10 acres, and no mobile home lot or office or service building shall be closer to the street line or other property line than 50 feet.
- A mobile home park shall be located on a well drained site suitable for the purpose, with a paved entrance road at least 33 feet wide and approved by the Town Highway Superintendent and Fire Chief.
- Individual mobile home lots shall have an area of not less, than 6,000, square feet with minimum width of 60 feet.
- No mobile home or portion thereof shall be placed closer to any other mobile home or portion thereof than 35 feet.
- The total number of mobile home lots shall not exceed 6 per acre exclusive of 50 ft. boundary area required in part 4 Sect. 5 of this law.
- Margins along the side and rear property lines of the mobile home park which lines shall not adjoin a public highway shall have planting acceptable to the reviewing agency.
I. Each mobile home shall have at least two parking spaces of 600sq. ft. total.
J. County Health Dept. approval of water and sewage disposal facilities.
K. Method for storm drainage disposal.
L. Location for garbage recepticals and plan for ultimate disposal of garbage generated by residents of the park:
M. Mobile Home Park Grounds Maintenance Plan
N. Provisions shall be made for fire protection by including not less than a water source (pond) of 50,000 gallons for each 10 mobile homes.
- The park owner is responsible for preparing a landscape plan which would be presented and approved by the reviewing agency.
- The park owner is responsible for the planting as listed in the landscape plan.
- The park owner is responsible for maintaining the roads, lawns, trees and shrubs.
- Dead plant material will be removed and replaced.
O. Provisions shall be made for a children's recreation area, open space, greenbelt, or other similar amenity equal to or greater than a total area not less than 5% of the total area of the Mobile Home Park.
P. At the main entrance to a mobile home park, a layout map, showing the location of each lot by number shall be displayed. Each lot within the park shall permanently display the assigned number so that it is visible from the roadway upon which it fronts.
Q. Improvements, alterations or expansion of any existing mobile home park shall be subject to the guidelines for mobile home parks establishments as well as conforming to all applicable state, county and town building and health laws and land use provisions. See amended Local Law #3 of 1995.(see amended Local Law #3 of 1995.
Section 8: Procedures
- Applications for permits under this Law shall be received by the Code Enforcement officer. Permits for individual mobile homes shall be issued by the Code Enforcement officer upon compliance with the terms of this Law. Permits for mobile home parks shall be issued by the Code Enforcement Officer upon order from the reviewing-agency of compliance with the terms of this Law.
- The reviewing agency for the Mobile Home park permit application shall be the Board of Appeals of the Town of Locke.
Section 9: Appeals
Upon review of a decision of the Code Enforcement Officer, the Board of Appeals may issue a variance upon a showing by the appellant that strict compliance with the terms of this local law will create undue hardship on the appellant. In granting a variance, the Board of Appeals shall determine that the granting of the variance is in harmony with the general purpose and intent of this local law and not injurious to the neighborhood or otherwise detrimental to the public welfare that special conditions exist that make compliance with the strict terms of this law impossible or impractical; that the relief sought is the minimal amount necessary to overcome the hardship.
The procedures of this Board in considering a variance shall be enumerated in Section 12 of the Set Back and Lot Area Law for the Town of Locke
Section 10. Violations and Penalties
Any persons, firm corporation or other, violating any provisions of this law shall be deemed guilty of a violation and upon conviction thereof shall be subject to a fine not exceeding fifty (50) dollars, or to imprisonment for each and every violation. Each week and every week that such violation continues shall constitute a separate violation. In no event may imprisonment for any one violation exceed 15 days.
In addition to other penalties, the Town of Locks may institute any appropriate action or proceeding to prevent the unlawful erection, construction, alteration of any building or land in violation of the requirements of this Law.
Section 11. Amendments
This Law may be amended as provided by Town Law.
Section 12. Validity
The invalidity of any section or provision of the Law shall not invalidate any other section or provision thereof.
Section 13: Fees
The Town Board may establish a fee schedule, and from time to time amend same, sufficient to meet the expenses incurred in the enforcement of this local law.
Section 14: When Effective
This law shall be in force and effect immediately upon filing in the office of the Sectary of State in accordance with provisions of the Municipal Home Rule Law.