Mobile Home Law for the Town of Sempronius, New York

ARTICLE I

Sec. 1: Short Title

This Law shall be known as the "Mobile Home Law for the Town of Sempronius, New York".

Sec. 2: Enactment Clause

Enacted pursuant to the authority conferred by Article 2 of the Municipal Home Rule Law.

Sec. 3: Purpose

It is the purpose of this Law to preserve the health, safety and welfare of occupants of mobile homes and mobile home communities in the Town of Sempronius, New York, by insuring that minimum space requirements are met for permanent residence, and that suitable plans are prepared and provision made for the placement of mobile homes upon private lots or within communities, so as to provide water, sewage disposal, garbage and trash disposal recreation area, parking area and reasonable access.

Covered under this Law are: mobile homes; double-wide mobile homes; portable occupancies such as motor homes, travel trailers, campers and tents, and all of the various types of transportable habitations intended for use as permanent or temporary residences, by whatever name or names they may now or hereafter be known.

Sec. 4: Permissibility of Establishment

The establishment of a Mobile Home Community shall be allowed upon paying the usual permit application fee and filing all necessary documents (obtainable from the Town Clerk), including the SEQRA assessment form and any environmental impact information required, and upon compliance with the requirements of this Law.

ARTICLE II

Sec. 5: Definition

  1. Mobile Home: A structure, transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

  2. Mobile Home Community: A parcel or adjoining parcels of land, owned by the same person, designed and improved for the placement of two or more mobile homes for non-transient use, except where the placement of each such Mobile Home otherwise satisfies the requirements for buildings used or intended to be used for residential purposes under the Setback & Lot Area Law for the Town of Sempronius, New York. In a Mobile Home Community, the land area allocation (lot size) for each mobile home shall be a minimum of three-fourths (3/4ths) of an acre of land.

  3. Portable Occupancy: A mobile structure, transportable in one or more sections, either under its own power or by another power source, and having a floor area of less than 720 square feet including, without limitation, tents, pop-up camping trailers and other types of shelters.

  4. Permanent Residence: Residence for a period in excess of 90 days.

  5. Person: An individual, partnership, corporation or other legal entity. The plural is included as the context requires.

  6. Private Lot: A parcel or adjoining parcels of land owned, leased, rented or otherwise controlled by any party, designed and improved for the placement of no more than one (1) mobile home for non-transient use. A parcel or adjoining parcels of land owned, leased, rented or otherwise controlled by any party, may be subdivided into one or more private lots provided that such private lots meet the requirements of this local law.

ARTICLE III

Sec. 6: General Requirements
  1. No portable occupancy shall be used as a permanent residence.

  2. No mobile home shall be placed upon a lot, without issuance of a permit under the terms of this Law, regardless of whether the mobile home is or is not placed in a Mobile Home Community.

  3. No mobile home community shall be established without issuance of a permit under the terms of this Law.

  4. All private lots upon which mobile homes are placed except such private lots which are within a Mobile Home Community, shall comply with the standards set forth in the Town of Sempronius Setback and Lot Area Law. At the time of placement of the mobile home upon a private lot, there shall be in place an entrance platform of concrete or other solid, permanent construction. Within ninety (90) days of installation, each mobile home shall be skirted with fire-resistant material; a door or panel shall be provided in the skirting to permit access.

  5. All lots within a mobile home community shall comply with the standards set forth in Article V of this Law.

  6. No mobile home having less than 720 square feet of floor area shall be placed upon an individual lot or within a mobile home community.

  7. 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 by the property owner.

ARTICLE IV

Sec. 7: Compliance with Law

  1. The construction and placement of all mobile homes shall conform to the requirements of the Uniform Fire and Building Code and the Public Health Law, and all permits required thereunder shall be secured before placement of any mobile home on any lot or in any Mobile Home Community.

  2. Each mobile home lot, private or within a Mobile Home Community, shall be for the exclusive use of a single mobile home and such appurtenant structures as are usual and necessary to the residence.

ARTICLE V

Sec. 8: Mobile Home Community

  1. No Mobile Home Community shall be established, and no Mobile Home shall be placed in any Mobile Home Community, unless a permit for such Mobile Home Community has first been reviewed by the Town of Sempronius Planning Board and then approved and issued by the Code Enforcement Officer.

  2. No Mobile Home Community shall be established or altered and no Mobile Home shall be placed in any Mobile Home Community, except in accordance with the plan for which the permit was issued.

  3. Any person intending to establish a Mobile Home Community, or to alter the permitted plan for a Mobile Home Community, shall make application for a permit. The application shall include the following information:

    aa) Boundaries of the Mobile Home Park, including location of public roads.

    bb) Entrances, exits and walkways.

    cc) Sites and lots for each Mobile Home.

    dd) Recreation and parking areas.

    ee) Landscaping plan, showing lawns, trees and shrubs.

    ff) Method and plan of sewage disposal.

    gg) Method and plan of garbage disposal.

    hh) Method and plan of water supply.

    ii) Location of outdoor electric lighting.

    jj) Method and plan of storm water disposal.

    kk) Owner's and operator's name and address.

    Where appropriate, this information shall be shown on drawings or plans drawn to scale and showing measurements and distances. Sufficient detail shall be supplied to enable the Town Planning Board as well as the Code Enforcement Officer of the Town of Sempronius, New York, to determine whether the Mobile Home Community will meet the requirements of paragraph 4 of this Section.

  4. A permit for any Mobile Home Community shall not be granted unless the plan for the Mobile Home Community complies with the following standards:

    aa) No Mobile Home Community shall have an area of less than ten (10) acres.

    bb) Each Mobile Home Community shall be located on a well drained site suitable for its construction, and shall have roads which meet the minimum standards required by Cayuga County, New York.

    cc) No part of any mobile home, or of any office or service building, shall be less than 75 feet from the nearest point of any public highway which is not located within the Mobile Home Community, and no part of any mobile home, or of any office or service building, shall be less than 75 feet from the nearest point of any property line which defines the boundaries of the Mobile Home Community.

    dd) Individual Mobile Home lots shall have an area of not less than three-fourths (3/4ths) of an acre of land, and a minimum width of 150 feet.

    ee) No part of any mobile home shall be less than 15 feet from adjacent lot lines of lots within the Mobile Home Community.

    ff) Each mobile home shall have an entrance platform of concrete or other solid, permanent construction to conform with the overall plan. Such entrance platform shall be in place prior to installation of the mobile home.

    gg) Each mobile home lot shall have two (2) gravel or paved parking spaces suitable for the simultaneous parking of two (2) full sized vehicles.

    hh) The Mobile Home Community shall provide adequate storm water drainage.

    ii) Garbage and trash receptacles shall be reasonably accessible to all Mobile Homes, and provision shall be made for regular final disposal of garbage and trash.

    jj) County Health Department approval of water and sewer disposal facilities.

    kk) Adequate provision shall be made for fire protection including a pond or other water source of at least 50,000 gallons.

  5. At the main entrance to a Mobile Home Community, a layout map showing the location of each lot by number shall be displayed. Each lot within the community shall permanently display the assigned number so that it is visible from the roadway on which the lot fronts. Community rules and regulations shall be posted as required by the laws of the State of New York.

ARTICLE VI

Sec. 9: Existing Mobile Home Communities

Any Mobile Home Community which exists on the day this Law becomes effective may be continued in existence as it is then constituted, but no mobile home shall be added to or moved within any such mobile home community, nor shall any change be made in any facility required for a mobile home community by this Law, until a variance therefore has been issued by the Board of Appeals of the Town of Sempronius, New York.

ARTICLE VII

Sec. 10: Administration

  1. The Town Board of the Town of Sempronius, New York, shall appoint such persons or persons, agency or agencies, as it deems necessary, in its sole discretion, for the proper enforcement of the provisions of this Law. Such person or persons, agency or agencies, shall be known as the "Code Enforcement Officer". The compensation of such Code Enforcement Officer shall be fixed by the Town Board of the Town of Sempronius, New York.
Sec. 11: Board of Appeals

  1. The Town Board of the Town of Sempronius, New York, shall appoint a Board of Appeals consisting of five members and shall designate its chairman and set their terms of office.

  2. Within 45 days from written application to the Board of Appeals, the Board of Appeals shall hear and decide appeals from and review any order, requirement, decision and determination made under this Law.

  3. Such Board of Appeals shall meet at the call of the chairman. Minutes of all proceedings shall contain evidence and data relevant to each case heard, the votes of all members, and the final disposition of matters considered. Three members shall constitute a quorum, and a majority vote of those present and voting shall decide an issue.

  4. Upon receiving an application, the Board of Appeals shall fix and advertise a date, time and place for a public hearing on said application. Advertisement of said hearing shall be placed in the official paper of the Town of Sempronius, New York, at least ten (10) days prior to the hearing.

  5. Upon review of a decision of the Code Enforcement Officer, the Board of Appeals may issue a permit to remedy an error, or in the alternative, a variance upon a showing by the appellant that strict compliance with the terms of this 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 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, and that the relief sought is the minimal amount necessary to overcome the hardship.

  6. Any person requesting action by the Board of Appeals shall pay a fee equal to the cost of advertising of the Public Hearing to the Town Clerk of the Town of Sempronius, New York, prior to consideration by the Board of Appeals.

Sec. 12: Violations and Penalties

Any person, firm, corporation or other entity violating any provisions of this Law relating to mobile homes placed upon private lots shall be deemed guilty of a violation and, upon conviction, shall be subject to a fine not exceeding One Hundred Dollars ($100.00), or to imprisonment for a term not to exceed fifteen (15) days, or both, for each and every violation. Each week and every week that any such violation continues shall constitute a separate violation.

Any person, firm, corporation or other entity violating any provisions of this Law relating to Mobile Home Communities shall be deemed guilty of a violation and upon conviction, shall be subject to a fine not exceeding Two Hundred Fifty Dollars ($250.00), or to imprisonment for a term not to exceed fifteen (15) days, or both, for each and every violation. Each week and every week that any such violation continues shall constitute a separate violation.

In addition to other penalties, the Town of Sempronius may institute any appropriate action or proceeding to prevent the unlawful installation, erection, construction or alteration of any structure or alteration of any parcel of land in violation of the requirements of this Law.

Sec. 13: Amendments

This Law may be amended as provided by the Town Law.

Sec. 14: Separability

The invalidity of any section or provision of this Law shall not invalidate any other section or provision thereof.

Sec. 15: Fees

The Town Board of the Town of Sempronius, New York, may establish a fee schedule, and from time to time amend the same, sufficient to meet the expenses incurred in the enforcement of this Law.

Sec. 16: Effective Date

This Law shall be in force and effect immediately upon its filing in the Office of the Secretary of State in accordance with the provisions of the Municipal Home Rule Law.

Sec. 17: Repeal of Local Law No. 2 of the Year 1988

Local Law No. 2 of the Year 1988 entitled "MOBILE HOME LAW FOR THE TOWN OF SEMPRONIUS, NEW YORK" is hereby repealed in its entirety.