Section 1. Purpose.
The purpose of this law is to promote the health, safety and general welfare of the community, including the protection and preservations of the property of the Town of Colesville and of its inhabitants, by establishing specific requirements and regulations governing the occupancy and maintenance of mobile home parks and travel trailer campgrounds.
Section 2. Definitions
Unless otherwise expressly stated, the following terms shall, for the purpose of this law, have the meanings herein indicated. Words used in the present tense include the future, the singular number includes the plural, and the masculine includes the feminine.
Person. Any entity, including, but not limited to, an individual, firm, company, association society, corporation, partnership or group.
Shall is mandatory and May is permissive
Mobile Home. Any portable vehicle which is not less than 10' x 40' in size and which is designed to be transported on its own wheels or those of another vehicle which is used, designed to be used or capable of being used as a detached single family residence and which is intended to be occupied as permanent living quarters containing sleeping accommodations, complete plumbing facilities and electrical connections for attachment to outside systems. This definition includes all additions which are purchased and added thereto subsequent to installation, but does not include a modular house placed on a standard foundation or a travel trailer. (Amended July 5, 1990 Local Law 4-1990)
Mobile Home Lot. A lot located within a mobile home park and designed for the accommodation of one mobile home and its occupants.
Mobile Home Park. Any parcel of land containing 10 acres of land with common, undivided ownership upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located and occupied more than thirty (30) consecutive days regardless of whether a charge is made for such accommodation. (Amended July 5, 1990 Local Law 4-1990)
Mobile Home Stand. A durable surface on a mobile home lot which is to be used for the placement of and capable of supporting a mobile home.
Modular House. A housing unit constructed off site, consisting of more than one (1) segment designed to be permanently anchored to a foundation and to become a fixed part of the real estate.
Road Surface. A road surface of gravel or better construction.
Travel Trailer. Any portable vehicle which is designed to be transported on its own wheels and which is designed and intended to be used for temporary living quarters for travel, recreation or vacation purpose.
Trailer Campground. Any parcel of land, including any building structure, tent, vehicle or enclosure used or intended to be used as a part of the equipment of such campground, upon which two or more trailers are placed other than for sales or storage purposes, and which is intended to serve transients utilizing a travel or recreational trailer.
Section 3. License Requirements
All mobile home parks, including those existing at the adoption of this law, must obtain a license. Existing mobile home parks that comply with applicable provisions of the State Sanitary Code and applicable regulations of the Broome County Health Department will be granted a license to operate even though they do not fully comply with the requirements of Sections 10 through 16; however, if existing mobile home parks are increased in size or number of sites after adoption of this law, the planned increase shall be brought in to full compliance with Sections 10 through 16 and, if any new mobile home lots are added a new license shall be obtained before the additional sites may be used. The initial application for existing mobile home parks must be accompanied by a sketch drawn to a scale of 1"-50'. Said sketch shall show the number and placement of existing mobile homes, existing roads and temporary and/or permanent buildings. No owner or occupant of any land within the Town of Colesville shall, use, allow or permit to be used such land for a mobile home park unless a license has been obtained or hereinafter provided.
Section 4. Issuance of License
The Town Clerk of the Town of Colesville may issue a license or supplement to be effective from the ay of issuance to and including December 31 of that same year after he has received the following:
•A. A written application from the applicant.
•B. Proof of approval of the application by the Broome County Health Department.
The Town Clerk may refuse to issue a license pursuant to Town Law Section 137, and may refer any questions to the Planning Board for their review and recommendation.
Section 5. Supplemental Licenses
Any person holding a license for a mobile home park and desiring to add additional lots to such park shall file application for a supplemental license under the same procedure as established in this law for the application of an original license, and when approved and issued in accordance with the provisions of this law, such license shall be effective from the date of issuance to and including December 31 of the same year and thereafter run concurrently with the original license.
Section 6. License Renewal.
An application for the renewal of any mobile home park license issued in accordance with the provisions of this law must be filed with the Town Clerk on or before December 1 preceding the expiration of the license. Such application shall be accompanied by a signed notarized statement from the owner that the Mobile Home Park is in satisfactory compliance with the terms and provisions of this law and that there has been no material change in the facts set forth in the original license application. Upon receipt of the application renewal and statement, the Town Clerk may issue a renewal license. Such renewal license shall be subject to all the terms and conditions of this law pertaining to original licenses. The Enforcement Officer shall inspect Mobile Home Parks to confirm compliance during the month of October and shall report his recommendations relative to compliance to the Town Clerk on or before November 1 for due consideration relative to the issuance of the requested license renewal.
Section 7. Preapplication Requirements
The developer shall submit for the "Preapplication" a rough-scale sketch of the proposed development, along with a key or location map to indicate the location of the proposed development, the size of the site and the number of mobile home lots to be provided. The developer may meet with the Planning Board to discuss the proposed development prior to the submission of the formal application required under Section 8.
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Section 8. Application Procedure
•A. Each application for a mobile home park or trailer campground license shall be filed in triplicate with the Town Clerk, shall be typed or printed and signed by the applicant, and shall contain all the information and data required by Section 9 of this law.
•B. The Town Clerk shall promptly transmit one copy of the application to the Planning Board; deliver one copy to the Enforcement Officer and retain one copy for his office.
•C. Upon receipt of the application from the Town Clerk, the Town Planning Board shall review the application of the mobile home park and/or trailer campground, which review shall include a determination and an analysis of all the requirements under Section 1 through 16 of this law. The Planning Board may request a review of the proposal by an engineer on behalf of the town. The Town Planning Board shall approve, disapprove or conditionally approve the application by the second board meeting after it is filed with the Town Clerk. The application shall then be returned to the Town Clerk who shall notify the applicant in writing of the decision of the Planning Board within ten days of the date of the decision of the Planning Board.
Section 9.
Application Data Each application shall be accompanied by two sets of pans prepared in detail. Plans shall furnish the following information:
A. The name and address of the applicant, or the name and address of each partner or principal if the applicant is a partnership or joint venture, or the name and address of each officer and director if the applicant is an association or corporation.
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B. Location, description and tax map number(s) of the land proposed to be used as a mobile home park.
C. The number of lots to be provided in such park.
D. Location of all watercourses, marshes, and areas subject to flooding.
E. Location of all existing developments within three hundred (300) feet of proposed mobile home park including, but not limited to, all structures, locations, names and widths of existing roads or streets, location of known water lines, drain fields and other utilities within and adjacent to the proposed site.
F. Location of proposed developments, setting forth: location and widths of all streets, walkways, parking areas and easements; widths of all entrances and exits; location, size and arrangements of each lot within the park; location and plan of all proposed structures; location and plan for waste disposal; any proposed structures; any proposed grading; stormwater draining and utilities.
G. Existing and proposed contours at five foot intervals.
H. A complete site plan of the proposed park or existing park and proposed addition thereto at a scale of not more than fifty (50) feet to the inch and designed in conformity with the standards set forth in Section 10 through 16.
Section 10. Mobile Home Sites: Lots.
•A. Site.
•1. Frontage shall be sufficient to insure adequate visibility for access to highway.
•2. The park shall not be developed within the Flood Plain Area having Special Flood Hazards as shown on the map of that area prepared by the Town of Colesville.
•3. The average density permitted shall not exceed five mobile homes per acre.
•4. A minimum lot size of five thousand square feet shall be provided for each mobile home with minimum lot width to be forty (40) feet.
•5. All development must be in compliance with the Town of Colesville Environmental Quality Review (Local Law #1-77).
Section 11. Mobile Home Requirements
A. In addition to the requirements of Section 10A. above, any mobile home including enclosure, shall be parked or otherwise located no nearer than a distance of:
1. Twenty feet form any adjacent home in any direction.
2. Twenty feet from the park property line. (Amended 1990 Local Law 6-1990)
3. Thirty feet from the front line of the mobile home lot and fifteen feet from the side line of the mobile home lot. (Amended 1990-Local Law 6-1990)
4. Twenty feet from the nearest edge of any roadway right-of-way located within the park. (Amended 1990 Local Law 6-1990)
B. Only one mobile home shall be permitted to occupy any one mobile home lot.
Section 12 Mobile Home Stands.
Each mobile home lot shall have a mobile home stand which complies with all state and county laws and regulations then in effect, including but not limited to, means to secure the mobile home against uplift, sliding, rotating or turning.
Section 13. Accessibility.
•A. Each mobile home park shall be directly accessible form an existing public highway. All entrances and exits shall be at approximately right angles to the existing public highway or street, shall be free from any material which would impede the visibility of a driver on a public highway and shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached. If the park will contain more than fifty mobile home lots, two points of entrance and exit shall be provided with a minimum distance of one hundred fifty feet between the nearest point of intersection of such points of entry and exit with the public highway.
B. Each park shall have improved streets to provide for the convenient access to all mobile home lots and other facilities within the park. Also:
1. The street system shall be designed to permit safe and convenient vehicular circulation with the park. Adequate turn around space shall be provided on dead end streets.
2. Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.
3. All two-way streets shall have a minimum road surface width of eighteen (18) feet and one-way streets shall have a minimum road surface width of ten (10) feet. Road surface shall be of a hard, dense surface, properly drained and durable under normal use and weather conditions.
Section 14. Parking.
Two off-street parking spaces shall be provided on each mobile home lot. Parking spaces shall be provided with a hard, dense, surface; each parking space to be a minimum of ten feet by twenty feet.
Section 15. Utilities and Service Facilities.
The following utilities and service facilities shall be provided each mobile home park:
A. Water and sewage systems in compliance with all applicable state and county laws and regulations then in effect.
•B. A storm drainage plan to convey all storm water in to natural watercourses and to maintain the park free from standing pools of water.
•C. Each mobile home lot shall be provided with weather-proof electric service connection and outlets of a type approved by the New York State Board of Fire Underwriters.
Section 16. Open Space.
Each mobile home park shall provide common open space other than roads for the use of the occupants of the park. Such open space shall be conveniently located in the park and shall have a total area equal to at least ten percent of the gross land area of the park.
Section 17. License for Trailer Campground.
No person being the owner or occupant of any land within the Town of Colesville shall use or allow the use of such land for a trailer campground unless a license has been obtained therefore as herein provided. Existing trailer campgrounds that comply with applicable provisions of the State Sanitary Code and applicable regulations of the Broome County Health Department will be granted a license to operate even though they do not fully comply with the requirements of Sections 10 through 16; however, if existing trailer campgrounds are increased in size or number of sites after adoption of this law, the planned increase shall be brought into full compliance with Sections 10 through 16, and, if any new trailer campground lots are added, a new license shall be obtained before the additional sites may be used. The issuance of a license, the application procedure therefore, and the application data required shall be the same as those set forth previously in this law except that reference therein to requirements for a mobile home park as set forth in Section 10 through 16 hereof shall be interpreted as referring to the requirements for a trailer campground as set forth in Section 2.
Section 18. Trailer Campground Requirements.
•A. Each campsite within the trailer campground shall have an area at least as large as that required by state and county laws and regulations then in effect
•B. Roads shall be passable for emergency vehicles at all times.
•C. All entrance and exit roads shall intersect public roads at an angle of approximately ninety degrees, and at a grade not to exceed three percent for the first fifty feet of camp road.
•D. Water and sewage systems, service buildings, toilet, lavatory and telephone facilities shall be provided as required by state and county laws and regulations then in effect.
Section 19. Penalties for Offenses and Enforcement.
•A. Violations Made An Offense. Any person who commits any act of omission or commission in violation of any provision of this local law shall be deemed to have committed an offense against this local law and shall be liable for the penalties herein imposed for such violation. Each act committed in violation of any provision of this local law shall constitute a separate offense.
•B. Penalties. For every violation of any provision of this local law, the person violating the same shall be subject to a fine of not more than fifty dollars ($50.00) or imprisonment not exceeding fifteen days (15) or both.
•C. Civil Penalties. Any person violating this local law shall be subject to a civil penalty enforceable and collectible by the town I the amount of fifty dollars ($50.00) for each such offense.
•D. Enforcement by Civil Suit. In addition to the above provided penalties and punishment, the town board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such local law.
Section 20. Exceptions.
None of the provisions of this law shall be applicable to the following:
•A. The business of mobile home or travel trailer sales, except that where units are used as living quarters, they and the land on which they stand shall conform to the provisions of the law, including the license requirements.
•B. The storage or garaging of mobile homes or travel trailers not being used for living quarters within a building or structures, or the storage of one unoccupied mobile home or travel trailer on premises occupied as the principal residence by the owner of such mobile home or travel trailer.
•C. A mobile home located on the site of a construction project providing it is removed within thirty (30) days after completion of the project.
Section 21. Severability.
If any section, paragraph, subdivision or provision of this law shall be found to be invalid, such invalidity shall apply to the section, paragraph, subdivision or provision adjudged invalid, and the remainder of the law shall remain valid and effective.
Section 22. Waivers.
The Planning Board shall have authority to waive any provision of this law.
Section 23. When Effective.
This law shall take effect when filed with the Secretary of State of the State of New York
