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HomeMy WebLinkAboutSection 18 SECTION 18 Adopted July 26, 1989 LOCAL LAW NO. 2 FOR THE YEAR 1989 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SECTION 1.0 Title, Statutory Authorization and Purposes $_ 1. 1 TITLE This local law shall be known as the "Mobile Home Park Regulation and Licensing Local Law of the Town of Newfield!' 1. 2 STATUTORY AUTHORIZATION This local law is adopted under the authority of Section 130, Subdivision 6, of the Town Law of the State of New York. 1. 3 PURPOSE It is the purpose of this local law to promote the health, safety, and general welfare of the residents of the Town of Newfield, by the proper regulation and licensing of mobile home parks to provide for a clean, saf4, healthy and wholesome environment and living conditions within mobile home parks for the residents thereof. SECTION 2. 0 Definitions 2 . 1 DEFINITIONS As used in this local law: (A) PERSON shall mean an individual , association , partnership or corporation or any combination thereof and the agent or employee thereof. (B) MOBILE HOME shall mean a detached, single family dwelling unit with any or all of the following characteristics: (1) Manufactured as a relocatable dwelling unit intended for year round occupancy and for installation on a site without a basement; 1 (2) Designed to be transported, after manufacture on its own chassis and connected to utilities after placement on a mobile home stand; (3) Designed to be installed as a single-wide or double-wide unit with only incidental unpacking and assembling operations; (4) Designed and manufactured as the type of unit which would require, if built after January 15, 1974, a as provided seal rovided for in the State Code for Construction and Installation of Mobile Home regardless of the actual date of construction. (C) MOBILE HOME PARK shall mean any parcel of land or contiguous parcels of land under common ownership, containing three (3) or more mobile homes, whether or not such mobile homes are owned by the occupants thereof. (D) MOBILE HOME LOT shall mean an area of land, in a mobile home park, rented for the placement of a single mobile home and any accessory structures incident thereto. (E) LOT DEPTH shall mean the distance, measured along the centerline of the lot, between the right-of-way line of a public street or the pavement line of a private street, and the rear lot line. (F) LOT WIDTH shall mean the distance between the two side lot lines when measured perpendicular to the centerline of the lot. (G) MOBILE HOME STAND shall mean that part of a mobile home lot on which the mobile home is placed and which is constructed in accordance with the standards provided in this local law. (H) PARK OCCUPANT shall mean a person or persons living in a mobile home in a mobile home park. (I) PARK OPERATOR shall mean the person or persons owning a mobile home park and/or responsible for on site management and operation of a mobile home park. (J) SITE PLAN shall mean a drawing(s) submitted to the Town Clerk as part of the application for a license for a mobile home park and containing all the information required by this local law in sufficient detail to enable the required reviews. 2 SECTION 3. 0 License Required 3 . 1 MOBILE HOME PARK No person or persons, being the owner or occupant of any land in the Town of Newfield shall use or permit the development and use of such land as a mobile home park without first obtaining a license therefor as provided in Section 4.0 of this local law. Such license shall be renewed every two (2) years. SECTION 4 .0 Application for a License 4 . 1 APPLICATION FOR A LICENSE Written application for a license for a mobile home park shall be filed with the Town Clerk of the Town of Newfield upon forms provided for such purpose along with the requisite fee. The Clerk shall submit said application to the Town Board or its designee for review and determination. 4 . 2 . CONTENTS OF APPLICATION Applications for a mobile home park license shall include, but not be limited to, the following: (A) Applicant: Names and addresses of all applicants, if an individual or partnership, and the name and address of principal officers and shareholders if applicant is a corporation; (B) Land Owner: Name and address of the owner of land upon which the mobile home park is to be located if other than the applicant; (C) Map: Location map; (D) Design and Layout: Scaled sketch drawings of the proposed mobile home park indicating its design and layout and demonstrating conformity with the requirements of Section 5.0 and 6.0 of this local law; (E) Water and Sewer: If public water and/or sewage systems are not to be used, approval of the proposed mobile home park by the Tompkins County Health Department must be submitted with the application; 3 (F) Buildings, Parking, Open Areas: Scaled sketch plans or written descriptions of all buildings, streets, parking areas, recreation and open spaces, and landscaping to be constructed or provided within the mobile home park; (G) Topography and Drainage: An indication of existing topography and drainage patterns including wet or swampy areas; (H) Rules and Regulations: A copy of all contemplated park rules, regulations and covenants; a list of management and tenant responsibilities; a written statement of any entrance and existing fees, if any, utility connection fees, if any, and any security deposits to be charged, if any; (I) Additional Information: Such further information as the developer may feel is necessary to described the intent and ability to comply with the environmental, health, and safety standards of this local law. 4 . 3 PROCEDURE The application for a mobile home park license shall be filed in duplicate with the Town Clerk along with the required fee and the following procedure shall apply: (A) Application Review: The enforcement officer shall refer one copy of the application to the Town Board for review of the layout and design of the proposed park. If the application shall be complete, it shall be referred to the Town Board for further action. Incomplete applications shall be rejected. (B) Public Hearing: Within sixty (60) days from receipt of the application the Town Board shall hold a public hearing on said application which hearing shall be duly advertised on ten (10) days advance notice to the public. Any interested party may speak at the hearing. (C) Approval/Disapproval: Within forty-five (45) days from the date of the public hearing the Town Board shall approve or disapprove the application, and set forth any special conditions as may be required, and instruct the Town Clerk to issue a temporary permit based upon such approval and upon issuance of the building permit required under the New York State Uniform Fire Protection and Building Code. Issuance of a temporary 4 permit is authorization for the applicant to proceed with the final plans for the mobile home park incorporating the conditions attached to said temporary permit. (D) Final Plan: Final plans for the proposed mobile home park, or, if construction is to be staged, that portion of it to be constructed initially, shall be submitted to the Town Board for review within one (1) year from the date of issuance of the temporary permit. If such submission is not made, the temporary permit shall be withdrawn unless extended by the Town Board for good cause shown. (E) Conditions: The Town Board shall determine if the conditions imposed have been met and shall be concerned with such things as the appropriateness and quality of the overall site plan in terms of the effective use of the site, suitability of proposed landscaping, usefulness of proposed recreation areas, and the general visual character of the park. In addition, the Town Board shall determine that the plans comply with the requirements of Sections 5.0 and 6. 0 of this local law. (F) Issuance of License: Within forty-five (45) days from the receipt of final plans the Town Board shall approve the final plan and instruct the Town Clerk to issue a license for the mobile home park. Final plans may in the Town Board's discretion be conditionally approved or disapproved. If disapproved, the temporary permit may be cancelled or extended for good cause shown at the option of the Town Board. 4 .4 RENEWAL OF MOBILE HOME PARK LICENSE The Town Board shall renew a mobile home park license every two (2) years from the date of issuance. If the mobile home park has not been constructed in accordance with the approved plans and all conditions attached hereto, or if a violation of this local law shall be found, or if any unapproved change shall take place, the license shall not be renewed until said mobile home park has been brought into compliance. In such case, the Town Board shall serve an order upon the holder of the license in accordance with the provisions of Section 10 of this local law. 5 4 . 5 LICENSES FOR EXISTING MOBILE HOME PARKS The owner of any mobile home park existing prior to the adoption of this local law shall apply for a mobile home park license within sixty (60) days from the date of adoption of this local law and such license shall be subject to renewal after one (1) year on the initial license and is to be renewed every two (2) years thereafter. Upon initial application, the Town Board shall issue a temporary license valid for one (1) year and shall serve notice on the park owner of any violations of this local law which might exist or any improvements necessary to meet the requirements of this local law. No license for a mobile home park existing at the time of enactment of this local law shall be renewed until violations cited by the Town Board have been corrected and a renewal has been authorized. 4 . 6 FEES Each application shall be accompanied with a fee of One Hundred Dollars ($100. 00) for the first ten (10) mobile home units plus Five Dollars ($5.00) for each additional mobile home unit, which fee shall be retained by the Town of Newfield regardless of what disposition is made of the application; such application fees shall be payable to the Town Clerk. 4 .7 ADDITIONS TO LICENSED MOBILE HOME PARKS Any addition of new mobile home lots, to any mobile home park licensed herein or operating as of the effective date of this law, shall be subject to approval in the same manner as a new mobile home park and the requirements and conditions pertaining to parks established after the effective date of this local law shall be applicable to such new lots or additions or expansions. A license to operate a mobile home park shall not confer upon the holder any rights to expand the number of units, nor alter any approved plan without the approval of the Town Board under the procedures set forth herein. 4.8 LICENSES NON-TRANSFERABLE No license issued under this local law shall be transferable. It shall be deemed a transfer if any corporate licensee shall transfer more than fifty percent (50%) of its stock to parties not shareholders at the time of the issuance of the corporate licensee's license. 6 ■,., SECTION 5.0 Environmental Requirements 5. 1 COMPLIANCE WITH APPLICABLE LAWS provisions of Article 8 All applicants shall comply with p PP P Y the of the Environmental Conservation Law, including, but not limited to, the requirements of Section 7.2 thereof. 5.2 SITE LOCATION (A) Neighborhood facilities: Mobile home park plans shall include a statement concerning the availability of shopping facilities and fire protection services in relation to the location of the proposed park. A statement from the appropriate school district official shall also be included indicating that school bus service will be provided, if necessary, and evaluating the impact of the park on the school system. (B) Relationship to Major Roads: Mobile home park plans shall include a sketch of the site as it relates to major traffic arteries with indications of anticipated traffic patterns to the park. Direct connections onto major highways shall be in accordance with the standards set forth in Section 6.6 of this article. 5.3 NATURAL FEATURES (A) General requirements: Topography, groundwater level, surface drainage, and soil conditions shall not be such as to create hazards to the property or to the health and safety of the occupants. No developed portions of the site shall be subject to excessive settling or erosion. A sloping site should be graded to produce terraced lots for placement of the mobile home units and, in general, units should be placed parallel rather than perpendicular to the slope. (B) Surface Drainage: Mobile home park plans shall show all proposals for changes in existin g surface drainage e patterns. All parks shall be graded to prevent ponding of surface water. If any part of the site is located in a floodplain no structure of mobile home shall be located on land designated as a 100-year floodplain area as determined by the U.S. Corps of Engineers or other official agencies unless they meet the 7 specifications outlined by the Federal Government for development of a mobile home park in a flood plain as shall be in effect at the time of application and shall not otherwise be prohibited by federal or state law. (C) Soils: Soils should be of sufficient bearing and stability properties to provide adequate support for mobile home installations. Topsoil should be of sufficient depth to sustain lawns, trees, and other vegetation. (D) Natural Features: Mobile home park plans shall show existing tree masses or trees over six (6) inches in diameter at breast height, hedgerows, and other notable existing natural features such as streams or rock formations. Such natural features shall be retained as much as possible in the site plan and densities shall be reduced, if necessary, to permit such retention. 5.4 LOT LAYOUT AND UNIT PLACEMENT (Applicable only to lots * installed after effective date of the local law. ) (A) Overall Considerations (1) Required Separation: Mobile home units may be positioned in a variety of ways within a park provided that a separation of at least thirty (30) feet is maintained between units. A drawing showing the proposed layout of mobile home units shall be prepared. (2) Setback: No mobile home shall be located less than twenty-five (25) feet from the pavement edge of a private park street or fifteen (15) feet from the right-of-way of any public street within a mobile home park. A minimum of fifty (50) feet shall be maintained between a mobile home unit and any property line abutting a public road or highway. (B) Density: The density of development in a mobile home park shall not exceed 4.0 units per gross acre. 4pliC) Minimum Lot Size: Mobile home lots shall be a minimum of 6, 000 square feet in area and shall have a minimum .574,6 a‘w,C,,d„+c��✓idth of 55 feet. In special cases, where unusual park 'design provides for wider streets or a greater amount Aid' 2 Isles of usable recreation or public open square than 1./tbI L * Sf3 .:cDV I4 1 8 required by this local law, or when other special conditions exist, the Town Board may approve a modification of lot size. In no case, however, shall the gross density, as specified in (B) above be extended, nor shall the lot areas be reduced below 5, 000 share feet nor the lot width be reduced below 50 feet. 5. 5 VEHICULAR CIRCULATION AND STORAGE (A) Park Road Layout: A drawing of the proposed park road layout, including connections to be made to adjacent existing roads or highways, shall be included in all mobile home park plans. Straight, uniforms, gridiron road patterns should be avoided unless they can be relieved by mobile home clustering, landscaping, and an interesting open space system. Turn arounds shall be provided sufficient to handle all emergency and trash 4'' removal vehicles. Park Road Construction: Roads within a mobile home eA park shall be adequately paved and maintained at all r_ 1l times and shall be of sufficient width for applicable "/ traffic within the mobile home park. Driveways for lots shall be delineated and marked. (C) Off-Street Parking: A minimum of two (2) off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped to serve two (2) or more mobile home sites. Parking areas shall be adequately paved and maintained. (D) Storage Space for Auxiliary Vehicles: Adequate storage space shall be provided for any travel trailers, camper, boat, snowmobile, or similar auxiliary vehicle or conveyance parked or stored on any mobile home lot. Off-street parking space required by Section 5. 5(C) of this local law shall be used by passenger vehicles only and a supplemental parking area shall be provided in each park for the storage or temporary parking of all auxiliary vehicles. (Applicable only to lots installed after effective date of the local law. ) 5. 6 PARK ENTRANCE (A) Entrance Roads: Each mobile home park shall provide for two (2) independent connections with existing public streets, such connections to be designed so that 9 ■ traffic can be maintained even though one access may be temporarily closed. A divided entrance road twenty- five (25) feet in length providing at least ten (10) feet between entrance and exit lanes that are at least twenty (20) feet wide shall satisfy the requirements of _ this section. v1'( Sufficient Road Width: At points where traffic enters ,rr "' and leaves the park, road widths shall be sufficient to 5<< .03��"i permit free and safe movement to or from the public 1 P1'1.1 street. ( ) Entrance Signs: Any sign located within a mobile home park shall comply with existing regulations and shall be located so as not to obstruct the visibility of motorists entering or leaving the park. (D) Mobile Home Lot Adjacent to Park Entrance: No mobile home lot shall after the effective date of the local law be located less than fifty (50) feet from the intersection of a park entrance road and a public highway and no private mobile home driveway shall make a direct connection with an existing public highway. 5.7 MOBILE HOME SALES AREA (A) Display and Sale: The display and sale of mobile homes shall not be permitted within any mobile home park unless they were in operation prior to the effective 1 date of this local law. A reasonable number of "model" mobile homes, relative to the size of the park in general, may be set up temporarily within the park for display purposes, provided such operator shall also have a separate permanent display and sales area with separate parking facilities for customers located outside the park. (B) Sales Area: In any area where mobile home sales are permitted such sales area shall be adequately paved and maintained with a hard base and shall be a dust-free surface and should contain a minimum of six (6) off- street parking spaces for customers. No display unit shall be located less than fifteen (15) feet from a public right-of-way. 5.8 COMMUNITY FACILITIES AND ACTIVITIES (A) Plan Details: If community facilities and activities such as meeting rooms, recreation buildings, laundry 10 rooms, and swimming pools are to be included in the mobile home park, the plan shall include details of these facilities and the owner's statement of intent to provide adequate supervision and management of such facilities and activities. (B) Landscaping: All community facilities and activities shall be landscaped with trees, shrubs and grass and shall provide adequate paved off-street parking space. (C) Location of Facilities: Community facilities and activities shall be located and designed in a manner that will be a visual asset to the mobile home park, and constructed of material that will be compatible with the residential character of the park. 5. 9 OPEN TREATMENT AND PARK AMENITY (A) Open Space and Developed Recreation Areas: In all mobile home parks a variety of open spaces shall be provided so as to be usable by and easily accessible to all park residents. Such open space shall be provided on the basis of 500 square feet for each mobile home unit with a total minimum requirement of 12 , 000 square feet. Part of all of such open space shall be in the form of developed recreation areas located in such a way, and of adequate size and shape, as to be usable for active recreation purposes. (This provision shall not apply to mobile home parks operating prior to the effective date of this local law. ) All open spaces shall be stabilized by grass or other forms of ground cover which will prevent dust and muddy areas. (B) Buffer Zones: Mobile home parks located adjacent to residential, industrial or commercial development, or a heavily traveled highway, shall be buffered from such development or highway by a hedge or similar landscape screen which will rapidly reach a height of at least six (6) feet. A combination of landscaping and decorative fencing may be substituted provided the height requirement is met and considerable landscaping is used. (This provision shall not apply to parties operating prior to the date of this local law. ) (C) Soil and Ground Cover Requirements: Exposed ground surfaces in all parts of any mobile home park shall be 11 • paved, surfaced with crushed stone or other solid material, or protected with grass or plant material capable of preventing erosion and of eliminating objectionable dust. (D) Trees: At least one tree shall be planted on each mobile home lot if no such tree already exists. Planted trees shall be a caliper of at least two (2) inches. (This provision shall not apply to parties operating prior to the date of this local law. ) ( Walkways: Each mobile home stand shall be provided „y►avair" with a walkway leading from the stand to the street or to a driveway or parking area connectin g to the S;(3 street. Such walkway shall be adequately marked and maintained. (F) Fencing: If fencing of individual lots within the mobile home park is to be provided by the mobile home occupant, standards shall be provided by the park operator so that consistency can be maintained. (G) Park Lighting: All mobile home parks shall be furnished with adequatta lights to provide sufficient 41110 illumination for the safe movement of vehicles and pedestrians at night over streets, driveways and walkways. Electric service to such lights shall be installed underground and decorative lighting fixtures shall be used where possible. 5. 10 MOBILE HOME STAND (A) Installation: Installation of mobile homes and the mobile home stand shall be made in accordance with the applicable provisions of the New York State Uniform Fire and Building Code as enforced by the Town of Newfield. (B) Patios/Decks: Each mobile home site constructed after the effective date of this local law shall be provided with a patio or deck or combination of both with a minimum width of ten (10) feet and a total area of at least 200 square feet. Such patio or deck shall be constructed in accordance with adequate and usable materials and shall be properly maintained, and shall be located so that good access to the front door of the mobile home will be maintained. I • 12 1 • (C) Accessory Buildings: No outdoor storage of personal property by mobile home tenants other than as provided in Section 5.5(D) shall be permitted unless the mobile home park operator shall provide or shall require each occupant to provide an accessory storage building. Such building shall not exceed 250 square feet in size, shall be a standard prefabricated product, and shall be installed on a poured concrete slab or other adequate foundation provided by the park operator. The location of the accessory building shall be determined by the park operator either at the time the park is developed or as sites are occupied. Accessory buildings shall be maintained. 5. 11 HOME UNITS (A) Unit Installation and Skirting: At the time of installation of the mobile home, the tires and wheels, and the hitch, if possible, shall be removed and the unit shall be secured, blocked, leveled, and connected to the required utility systems and support services. The mobile home shall be completely skirted within ninety (90) days of occupancy. Materials used for skirting shall provide a finished exterior appearance and shall be similarly in character to the material used in the mobile home that would be permitted under the New York State Fire Prevention and Building Code for a crawl space in a conventional home. Skirting and/or a skirting system shall be installed and maintained in a professional manner. (B) Expansions and Extensions: Expandable rooms and other extensions to a mobile home unit shall be supported on a stand constructed in accordance with construction standards for the mobile home stand. Skirting shall be required around the base of all such expansions or extensions. All expansions and extensions shall be built of such materials and designed in a fashion that the original mobile home and the expansion and extension shall appear to have been manufactured or constructed together as a single unit. (C) Entrance Steps: Entrance steps 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. • 13 111 SECTION 6.0 Support Services and Utility Delivery Systems 6. 1 WATER AND SEWER (A) Public Water/Sewer: Mobile home parks hooked up to public water and/or sewer shall at all times be operated in accordance with the applicable rules and regulations of the water and/or sewer district. (B) Private Water/Sewer: Mobile home parks using private water and/or sewage facilities shall at all times be operated in accordance with applicable laws, rules and regulations of the State of New York and Tompkins County Health Department. 6.2 SOLID WASTE DISPOSAL (A) General: The storage, collection and disposal of solid waste in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. (B) Group Storage Areas: If group solid waste storage areas are provided for park occupants they shall be enclosed or otherwise screened from public view and shall be rodent and animal proof and located not more than 100 feet from any mobile home site they are to serve. Containers shall be provided in sufficient number to properly store all solid waste produced. (C) Individual Storage Areas: Any solid waste containers stored on individual mobile home sites shall be screened from public view and shall be rodent and animal proof. (D) Burning Prohibited: Disposal of solid waste by burning is expressly prohibited. 6. 3 ELECTRIC POWER, TELEPHONE AND TELEVISION SERVICE (A) Electric: The mobile home park electrical distribution shall be installed underground and shall comply with the national electric code and with requirements of the utility company serving the area and the Public Service Commission. • 14 411 � (B) Telephone: The distribution system for telephone service shall be underground in accordance with the standards established by the New York Telephone Company. (C) Television: Television service which is provided by a cable system shall be installed underground. When cable service is not available, a common antenna shall be provided with direct burial cable to each mobile home site. 6. 4 FUEL SYSTEMS All mobile home parks shall be provided with facilities for the safe storage of necessary fuels. All systems shall be installed and maintained in accordance with the applicable federal, state and local laws, codes and regulations governing such systems. (A) Natural Gas: Natural gas installations shall be planned and installed so that all components and workmanship comply with the requirements of American Gas Association, Inc. ; and conform to the requirements, inspections and approval of the utility which will supply this product. (B) Fuel Oil: Fuel oil systems with either common or individual supplies shall be designed, constructed, inspected and maintained in conformance with the provisions of National Fire Protection Association, Standard 30. All fuel oil storage tanks, whether provided as a bulk supply for a group of mobile homes or on each individual mobile home lot, shall be located and installed under applicable Federal and State laws and regulations and shall be supplied with permanently installed and secured piping. Fuel oil tanks shall be located to the rear of the mobile home site and shall be landscaped and screened from public view. (C) Liquified Petroleum Gas: Liquified Petroleum Gas systems shall be selected, installed and maintained in compliance with the requirements of National Fire Protection Association, Standard 58. LPG tanks shall be located to the rear of the mobile home site and shall be landscaped and screened from public view. • 15 1 1 . • 6. 5 FIRE PROTECTION (A) Fire District Rules: The mobile home park plan shall include a list of the applicable rules and regulations of the fire district wherein said park is located and shall comply with such rules and regulations. (B) Hydrants: If the mobile home park is located in a public water district fire hydrants shall be installed in accordance with the requirements of the district and inspected and approved by the designated local official. (C) Safe Maintenance: Mobile home parks shall be kept free of litter, rubbish and all other flammable materials. (D) Hydrant and Fuel Storage Map: The mobile home park operator shall furnish the Newfield Fire Department, Tompkins County Sheriff's Department and New York State Police with a map and plan of the mobile home park, which shall designate the location of all fire hydrants and fuel storage areas, if any. NSECTION 7.0 Mail Service 7 . 1 MAILBOX PLACEMENT (A) Location: Mailbox location shall provide safe and easy access for the pickup and delivery of mail. (B) Cluster Delivery: Grouped mailboxes for cluster delivery shall be located in a way that will not require stopping on a public right-of-way for pickup. (C) Landscaping: When mailboxes are grouped together for some form of cluster delivery such groupings shall be landscaped. SECTION 8.0 Park Operations and Maintenance 8. 1 Restrictions on Occupancy (A) Length of Placement: In any mobile home park, no space shall be rented for the placement and use of a mobile • 16 • home for residential purposes except for periods in excess of 180 days. (B) Mobile Home Qualifications for Placement: (1) No mobile home manufactured after January 15, 1974 shall be admitted to any park after the effective date of this local law unless it bears the seal issued by the State of New York and required by the State Code for Construction and Installation of Mobile Homes or has met applicable Federal HUD standards for its manufacture. (2) No mobile home manufactured prior to January 15, 1974 shall be admitted to any park after the effective date of this local law unless it shall have been built to satisfactory standards and is still in serviceable condition. All such mobile homes shall be inspected by the Code Enforcement Officer prior to their installation in any mobile home park. (3) Notwithstanding subsections (B) (1) and (B) (2) herein, no mobile home, regardless of its date of manufacture, shall after the effective date of this local law, be admitted to any park if such mobile home has deteriorated or been damaged to the extent whereby it shall no longer be adequate for reasonable human habitation or shall have a deteriorated or damaged external appearance. 8 . 2 RESPONSIBILITIES OF PARK OPERATOR (A) Compliance and Supervision by Operator: The person to whom a license for a mobile home park is issued shall operate the park in compliance with this local law and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition. (B) Compliance by Occupants: The park operator shall notify park occupants of all applicable provisions of this local law and inform them of their responsibilities and any regulations issued thereunder. (C) Placement of Mobile Homes: The park operator shall place or supervise the placement of each mobile home on • 17 \ its mobile home stand which includes ensuring its stability by securing and installing all utility connections. (D) Register of Occupants: The park operator shall maintain a register containing the names of all occupants and the make, year and serial number, if any, of each mobile home. Such register shall be available by the park owner on a 24 hour emergency basis to police and fire department officials, and available during normal business hours to authorized persons inspecting ectin the park and officials of the Town of P g P Newfield. 8 . 3 RESPONSIBILITIES OF PARK OCCUPANTS, ENFORCEMENT BY PARK OPERATOR (A) General: The park occupant shall be responsible for the compliance of any of the provisions of this local law within his or her control and ability. (B) Maintenance of Mobile Home: The park occupant shall be responsible for the maintenance of his mobile home and any appurtenances thereto, and shall keep all yard space on his site in a neat and sanitary condition. (C) Maintenance of Lot: It shall be the responsibility of each mobile home occupant to keep his site free of litter, rubbish, unused vehicles and equipment or parts thereof. (D) Compliance by Park Owner: The park owner shall at all times be responsible for the compliance with the provisions of this _ local law, whether or not a particular mobile home park occupant is also responsible. It shall be a responsibility under this local law for the park operator to require and enforce compliance, to the extent permitted by law, of the requirements herein as it shall apply to their tenants. (E) Park Owner's Right to File Complaint: A park owner shall have the right to file a complaint against any tenant for an applicable violation of this local law if, after reasonable effort, such park owner shall be unable to obtain compliance by such tenant. The filing of such complaint, however, shall not in and of itself relieve such park owner from his/her obligations as licensee under this local law. 18 SECTION 9.0 Inspection 9. 1 ENFORCEMENT This local law shall be enforced by the Town Board of the Town of Newfield through the Code Enforcement Officer. Said officers and their inspectors shall be authorized and have the right in the performance of duties to enter any mobile home park and make such inspections as are necessary to determine satisfactory compliance with this local law and regulation issued hereunder. Such entrance and inspection shall in routine cases be accomplished at reasonable times, prior notice to the p P park operator, and in cases involving violations or in emergencies whenever necessary. Owners, agents or operators of a mobile home park shall be responsible for providing access to all parts of the premises within their control to the Enforcement Officer or to his inspectors, acting in accordance with the provisions of this Section. 9. 2 INSPECTION It shall be the duty of the Code Enforcement Officer to make regular inspections of all licensed premises as he shall deem necessary and shall inspect each licensed premises no less than once every year and within 60 days prior to the date of renewal of any mobile home park license and to investigate all complaints made under this local law. SECTION 10.0 Criminal Penalties and Enforcements 10. 1 ENFORCEMENT OFFICER The Town of Newfield shall have the authority to appoint an Enforcement Officer authorized and empowered to act on behalf of the Town of Newfield to enforce the provisions of this law, including the right of entry onto any licensed premises or premises which are unlicensed, but reasonably deemed to be in violation of the law. The Enforcement Officer shall have the authority to issue appearance tickets returnable in the Town Justice Court with respect to any violation herein without specific direction of the Town Board. 19 10.2 PENALTIES (A) Violations: Any person including a park operator or owner and/or mobile home tenant who commits or permits the commission of any act or acts in violation of any of the provisions of this local law shall be subject to a fine of not more than Two Hundred Fifty Dollars ($250.00) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment, and/or suspension of the license for a period of at least five (5) days, for each such violation. Each day such violation shall continue or be permitted to exist shall constitute a separate violation as shall be permitted by law. (B) Additional Proceedings: In addition to the penalties herein provided for, 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 any violation of this local law. (C) Correction by Town: Notwithstanding any other penalty herein, the Town of Newfield on written notice thirty (30) days after a conviction under this local law may enter upon the premises of the violation and take such steps necessary to correct any violation if the Town of Newfield shall determine such steps are in the public interest and in the interest of the inhabitants of the mobile home park and charge the violator for the reasonable costs thereof. Such unpaid charges shall be deemed town charges and shall be levied as in a manner of a special assessment on the tax levy against such property at the first levy following the billing for such charges by the Town of Newfield. Such unpaid assessment shall be a lien against the real property of the violator. SECTION 11.0 Revocation of License 11. 1 INITIAL ORDER Upon determination by the Town Board that there has been a violation of any provisions of this local law, they shall in addition or in lieu of any other penalty set forth in Section 10.2, may serve upon the holder of the license for such mobile 20 home park and initially order, in writing and by certified mail, return receipt, directing that the conditions therein specified be corrected within ninety (90) days after the date of delivery of such order. The order shall also contain an outline of remedial action which, if taken, will effect compliance. 11. 2 NOTICES If, after the expiration of such ninety (90) day period, such violations are not corrected, the Town Board shall serve a notice in writing upon such mobile home park operator, requiring the holder of the park license to appear before the Town Board of the Town of Newfield at a time to be specified in such notice, to show cause why the mobile home park license should not be revoked. Such hearing before the Town Board shall occur not more than forty-five (45) days after the date of service of said notice by the Town Board. 11. 3 HEARING Within ten (10) days after the hearing at which the testimony and witnesses of the Town Board and the mobile home park license holder shall be heard, the Town Board shall make a determination, in writing, sustaining, modifying, or withdrawing the order issued by said Town Board as directed by Section 11. 1 of this local law. Failure to abide by any Town Board determination to sustain or modify the initial order of said Town Board, and to take corrective action accordingly, shall be cause for the revocation of the mobile home park license affected by such order and determination. 11. 4 NOTICE TO HEALTH DEPARTMENT AND TENANTS The Town Clerk shall promptly notify the Tompkins County Health Department and all tenants of the subject mobile home park of any revocation of a license. SECTION 12.0 Variances 12. 1 VARIANCE PERMITTED FOR HARDSHIP Where there are practical difficulties , unusual circumstances, or design innovations involved, the Town Board may grant variances from any of the provisions and regulations of this local law except those related to Health Department, Department of Environmental Conservation, and building code 21 requirements. There shall be no right to a variance, the issuance of which shall be solely within the discretion of the Town Board. 12 .2 APPLICATION Application for a variance shall be in writing from the person applying for the mobile home park license required in accordance with Section 4.0 of the local law. In considering a request for a variance the Town Board shall be guided by the circumstances of the situation and the intent of the applicant, and shall act as to protect the best interests of the community. SECTION 13 . 0 Appeals 13 . 1 APPEAL FROM DECISION OF ENFORCEMENT OFFICER Any person aggrieved by any decision of the Enforcement Officer may take an appeal to the Town Board except with respect to any case of violations pending before the Town Justice Court. Said Board shall act in accordance with the provisions of Section 10. 0 of this local law. 13 .2 APPEAL FROM DETERMINATION BY TOWN BOARD Any determination made by the Town Board under this local law, excepting in the case of violations heard in the Town Justice Court, may be reviewed by the Supreme Court under Article 78 of the Civil Practice Law and Rules. SECTION 14. 0 Saving Clause and Effective Date 14 . 1 SAVING CLAUSE If any section, paragraph, subdivision or provision of this local law shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this local law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. 22 14.2 EFFECTIVE DATE ~ This law shall take effect upon its filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. 23 Adapted August 23, 1989 LOCAL LAW NO. 3 FOR THE YEAR 1989 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SECTION 1. 0 Title, Statutory Authorization and Purposes 1.1 TITLE This local law shall be known as the "Amendment to Mobile Home Park Regulation and Licensing Local Law of the Town of Newfield. " 1.2 STATUTORY AUTHORIZATION This local law is adopted under the authority of Section 130, Subdivision 6, of the Town Law of the State of New York. 1. 3 PURPOSE It is the purpose of this local law to promote the health, safety, and general welfare of the residents of the Town of Newfield, by the proper regulation and licensing of mobile home parks to provide for a clean, safe, healthy and wholesome environ- ment and living conditions within mobile home parks for the residents thereof. SECTION 2. 0 2 .1 Section 5.4 (C) of Local Law No. 2 for the Year 1989 shall henceforth read: (C) Minimum Lot Size: Mobile home lots shall be a minimum of 6, 000 square feet in area and shall have a minimum width of 55 feet. In special cases, where unusual park design provides for wider streets or a greater amount of usable recreation or public open square than required by this local law, or when other special conditions exist, the Town Board may approve a modification of lot size. 2. 2 Section 5. 5 (B) of Local Law No. 2 for the Year 1989 shall henceforth read: (B) Park Road Construction; Roads within a mobile home park shall be adequately paved and maintained at all times and shall be of sufficient width for applicable traffic within the mobile home park. Driveways for lots shall be drained and maintained silt free. 2,3 Section 5. 5 (C) of Local Law No. 2 for the Year 1989 shall henceforth read: (C) Off-Street Parking: A minimum of two (2) off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped to serve two (2) or more mobile home sites. Parking areas shall be adequately drained and maintained silt free. 2.4 Section 5. 9 (E) of Local Law No. 2 for the Year 1989 shall henceforth read: (E) Walkways: Each mobile home stand shall be provided with a walkway leading from the stand to the street or to a driveway or parking area connecting to the street. Such walkway shall be adequately maintained. SECTION 3. 0 Saving Clause and Effective Date 3.1 SAVINGS CLAUSE If any section, paragraph, subdivision or provision of this local law shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this local law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. 3.2 EFFECTIVE DATE This law shall take effect upon its filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. -2- • LOCAL LAW NO. 1 FOR THE YEAR 1991 BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS FOLLOWS: SECTION 1. 0 Title, Statutory Authorization and Purposes 1. 1 TITLE This local law shall be known as the "Second Amendment to Mobile Home Park Regulation and Licensing" Local Law of the Town of Newfield. 1. 2 STATUTORY AUTHORIZATION This local law is adopted under the authority of Section 130, Subdivision 6, of the Town Law of the State of New York. 1. 3 PURPOSE It is the purpose of this local law to promote the health, safety, and general welfare of the residents of the Town of Newfield, by the proper regulation and licensing of mobile home parks to provide for a clean, safe, healthy and wholesome environment and living conditions within mobile home parks for the resid nts thereof. SECTION 2. 0 2 . 1 Section 2. 1 (C) of Local Law No. 2 for the Year 1989 shall henceforth read: (C) "MOBILE HOME PARK" shall mean any parcel of land or contiguous parcels of land under common ownership, containing four (4) or more mobile homes, whether or not any such mobile homes are owned by the occupants thereof. 1 SECTION 3, 0 Saving Clause and Effective Date 3 . 1 SAVING CLAUSE If any section, paragraph, subdivision or provision of this local law shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this local law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. 3 . 2 EFFECTIVE DATE This law shall take effect upon its filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. A'PROVF: HEARING fi A ES DRADERt JR, Town Supervisor 2