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Local Law No. 2 of the Year 1998

Manufactured Home Law

BE IT ENACTED by the Town Board of the Town of Lumberland, Sullivan County, New York, as follows:

1.0 Purpose.

The purpose of this Law is to promote the general welfare of the Town of Lumberland, including the retention of its rural character, preservation of the qualities of its natural environment and the protection of its inhabitants by establishing specific requirements and regulations governing the occupancy and maintenance of manufactured (mobile) home parks.

2.0 Definitions.

For the purpose of this Law, the following words, terms and phrases shall have the same meaning ascribed to them in this section.

2.1 Manufactured (Mobile) Home. A transportable single-family dwelling unit intended for permanent occupancy which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed on a chassis so that it might be towed, not including a modular or sectional dwelling, recreational vehicle or travel trailer. The term "manufactured" and "mobile" shall mean the same and may be used interchangeably for purpose of the Law.

2.2 Mobile Home Lot. A designated site of specific total land area which is located within a mobile home park for the accommodation of one mobile home and its occupants.

2.3 Mobile Home Park. A parcel or contiguous parcels or land which has been designated and improved for the purpose of placing three (3) or more mobile homes for occupancy as single-family dwellings.

2.4 Mobile Home Stand. A durable surface located on a mobile home lot which is capable of supporting and which is used for placement of a mobile home.

3.0 Licenses Required for Mobile Home Parks.

3.1 No person, partnership, association, or corporation, being the owner or occupant of any land within the Town of Lumberland, shall use of such land for a mobile home park unless a license has been obtained as herein provided.

3.2 Issuance of License.

3.2.1 The Town Code Enforcement Officer of the Town of Lumberland shall issue a license after approval of the application by the Town Planning Board. The Board shall apply site plan review and special use criteria contained in the Town of Lumberland Zoning Law as a factor in making a decision on the project but only after the Town Board shall have first created a district for such housing as provided for in that Law. Said license shall be effective from the date of issuance until surrendered by the licensee or revoked by the Code Enforcement Officer and shall be renewed annually based on an inspection by the Code Enforcement Officer as to continued compliance with the standards of the Law.

3.2.2 No license shall be issued until the Code Enforcement Officer has received;

(1) A written application from the applicant on the form provided by the Town Code Enforcement Officer.

(2) The required fee as herein provided. Such fees shall be set by resolution of the Town Board.

(3) Evidence there is or will be a New York State Approved sewage disposal system designed by a Licensed Professional Engineer.

3.3 Supplemental Licenses.

3.3.1 Any person holding a license for a mobile home park who desires to add additional lots to such park shall file an application for a supplemental license.

3.3.2 The application for such supplemental license must be accompanied by four sets of plans and specifications and shall be filed and processed as provided herein for new mobile home parks.

3.3.3 When approved, the Town Code Enforcement Officer shall issue a supplemental license which will be effective from the date of issuance and continue until surrender by the licensee or revocation by the Code Enforcement Officer.

4.0 Application Procedure.

4.1 Each application for a mobile home park license shall be in writing and signed by the applicant.

4.2 Four (4) copies of the application and plans and related information shall be filed with the Code Enforcement Officer on a form supplied by the Code Enforcement Officer. No application shall be deemed filed until all required information shall have been filed with the Town of Lumberland Planning Board. The Planning Board shall advise the applicant of any such deficiencies within thirty (30) days of the receipt thereof.

4.3 The Code Enforcement Officer promptly shall transmit copies of the application and plans to the Town Planning Board who shall process the application pursuant to the site plan review and special use requirements of the Town of Lumberland Zoning Law and New York State Town Law.

4.4 The Code Enforcement Officer, within ten (10) days of the filing of the Planning Board decision shall issue the license provided approval has been granted and all other requirements of this Law are met.

4.5 Any disapprovals shall be in writing and include the reasons therefore. The Code Enforcement Officer shall not issue a license, in any instance, where the Board has not approved the Site Plan. If the application is disapproved, the applicant shall have the right to appeal pursuant to Article 78 of the Civil Practice Law and Rules.

5.0 Application Data.

5.1 Each application shall be accompanied by four complete sets of plans which have been prepared by a licensed land surveyor or engineer.

5.2 Each application shall contain the following information:

5.2.1 The name and address of the applicant; or the name and address of each partner. If the applicant is a partnership; or the name and address of each officer and director if the applicant is an association or corporation including principal shareholders (more than 5% ownership).

5.2.2 The description of the land that is proposed to be used as a mobile home park, together with a map showing its location in the Town.

5.2.3 The number of lots to be provided in such mobile home park.

5.2.4 The names and addresses of the owners of the property on which the mobile home park is to be located and a written statement signed by the owners consenting that the premises be used for a mobile home park.

5.3 Four copies of a location map shall be presented with the application which shows all land within 300 feet of the park, the location of all streets and roads adjacent to and within the park and the location of all water and sewer lines and utilities adjacent to and within the park.

5.4 Proposed development. The application shall be accompanied by four copies of a development plan showing the following.

5.4.1 The location and widths of all entrances, exits and streets.

5.4.2 The location, size and arrangement of each lot within the park.

5.4.3 The method and plan for electric lighting.

5.4.4 The location and plan of all proposed structures and improvements.

5.4.5 Plans for landscaping.

5.4.6 Storm water drainage.

5.4.7 Utilities.

5.4.8 Off-street parking facilities.

5.4.9 Fencing and screening.

5.4.10 Signs and other structures.

5.4.11 Names of owners of adjoining properties.

5.4.12 Recreational facilities.

5.4.13 Location and type of trash receptacles.

5.4.14 All other applicable information required by the Town Zoning Law.

6.0 Requirements for Mobile Home Parks.

6.1 Site

6.1.1 The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and free at all times from stagnant pools of water.

6.1.2 The park shall be at least ten (10) acres in size and have at least three-hundred (300) feet frontage on a public road. Additional park land must be contiguous to the existing park and shall not be bisected by a public road except to the extent a new such road may be approved as part of the plan.

6.2 Mobile Home Lots.

6.2.1 Each mobile home park shall be marked off into mobile home lots.

6.2.2 Reserved.

6.2.3 Each mobile home lot shall have a total area of not less than 10,000 square feet.

6.2.4 No more than (1) mobile home shall be placed on any mobile home lot.

6.2.5 The lot numbers shall be legibly noted for each lot on the plans submitted.

6.3 Mobile Home Placement.

6.3.1 All mobile homes shall be parked or otherwise be located:

(1) At least fifty (50) feet from an adjacent mobile home.

(2) At least seventy-five (75) feet from an adjacent property line.

(3) At least seventy-five (75) feet from right of way line of public street or highway.

(4) At least twenty-five (25) feet from the nearest edge of any roadway located within the park.

6.4 Mobile Home Stand. Each mobile home lot shall have a mobile home stand which will provide for the practical placement on a permanent foundation or the lot of both the mobile home and its appurtenant structures and provide for the retention of the home on the lot in a stable condition.

6.5 Accessibility and Lighting.

6.5.1 Each mobile home park shall be accessible from an existing public highway or street.

6.5.2 Where a mobile home park has more than sixteen (16) mobile homes, two (2) points of entry and exit shall be provided.

(1) Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.

(2) No individual mobile home shall have direct access to a State, County, or Town road without first entering a street or driveway in the mobile home park leading to an exit.

(3) All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.

(4) All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached and shall be at least fifty (50) feet in width.

6.5.3 Each mobile home park shall have roads to provide for the convenient access to all mobile home lots and other facilities within the park.

(1) The road system shall be so designed to permit the safe and convenient vehicular circulation within the park. All streets shall be provided with safe, dustless macadam surfaces.

(2) All roads shall have the following minimum pavement widths:

(a) One way traffic movement - 12 feet

(b) Two way traffic movement - 20 feet

(3) The roads shall be constructed in accord with the requirements set forth in the Town Subdivision Law and Town highway specifications.

(4) Except in cases of emergency, no parking shall be allowed on such streets unless such street is at least 28 feet wide, in which case parallel parking shall be allowed on one side of the street only.

6.5.4 All means of egress, drives and public places shall be adequately lighted.

6.5.5 One non-flashing, illuminated sign shall be permitted on the park. Such sign shall not be greater in area than 50 square feet and shall not extend more than eight (8) feet above ground level. Such sign shall be located at least 20 feet from any property line or street right-of-way line.

6.6 Parking

6.6.1 Two (2) off-street parking signs shall be provided on each mobile home lot. Each space shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet.

6.6.2 One off-street parking space or common area, readily accessible to the occupants of the mobile homes it is intended to serve, shall be provided for each five (5) mobile home sites to accommodate guests and delivery and service vehicles.

6.7 Utilities and Service Facilities

The following utilities and services shall be provided in each mobile home park in accordance with the regulations and requirements of the New York State Department of Health:

6.7.1 An adequate supply of pure water meeting New York State Department of Health standards for drinking and domestic purposes shall be supplied by pipes to mobile home lots and buildings within the park. Documentation of compliance with the Department of Health's requirements in Part 17 of the Sanitary Code shall be provided.

6.7.2 Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot, to receive the waste from the shower, tub, flush toilet lavatory and kitchen sink in such home. The sewer shall be connected to a public or private off-site sewer system meeting New York State Department of Health standards so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed to prevent the emission of any odors and the creation of breeding places for insects.

6.7.3 Garbage containers with tight fitting covers shall be provided in quantities adequate to permit the disposal of all garbage and rubbish. The containers shall be kept in sanitary condition at all times. The containers shall be located no farther than two-hundred fifty (250) feet from any mobile home lot, shall be stored in covered collecting enclosures and garbage shall be removed and disposed of as frequently as may be necessary to ensure that such containers shall not overflow.

6.7.4 Mobile homes which do not contain toilets, lavatory and tubs or showers shall not be permitted in any mobile home park. Service buildings shall be provided as deemed necessary for the normal operation of the park. Such buildings shall be maintained by the owner or manager of the park in a clean, sightly, and sanitary condition.

6.7.5 Each mobile home lot shall be provided with weather-proof electric service connections and outlets which are a type approved by the New York State Board of Fire Underwriters.

6.8 Recreation and Open Space

6.8.1 Each mobile home park shall provide common open space for the use of the occupants of the park.

6.8.2 Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least fifty (50) percent of the gross land area of the park and shall meet the standards for common open space as provided in § 4.4 of the Town of Lumberland Subdivision Law.

6.8.3 Any mobile home park or more than ten (10) mobile home sites shall provide, as part of its open space, areas for active recreational use. These recreation areas shall not include any wetlands, sleep slopes, or other land areas unusable for development and shall consist of contiguous land areas which can be used for active recreational activities such as ballfields. No less than 20% of the open space provided shall be dedicated to such recreational areas and no individual area so designated shall be less than two (2) acres in size. Each mobile home park affected by this section shall provide at least one developed picnic area, including tables and benches, and a system of marked and improved trails or sidewalks connecting each mobile home to the recreation and other open space areas created. Unless the park shall be restricted to senior citizens, it shall also include at least one improved ballfields. These recreational improvements shall be included on the landscaping plans presented as part of the application process.

6.9 Landscaping

6.9.1 Ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads, and parking areas.

6.9.2 Screening acceptable to the Planning Board and Code Enforcement Officer shall provide for adequate shade and a suitable setting for the mobile homes and other facilities. It shall include landscaping materials meeting the requirements of § 4.12 of the Town of Lumberland Zoning Law. A side or rear yard adjacent to an existing developed area shall be a minimum width or depth of 100 feet and the 50 feet nearest to the existing developed area shall be planted or screened with materials approved by the Planning Board and Code Enforcement Officer. Such screening shall be designed to create and maintain a high quality neighborhood character for existing residents as well as new mobile home park residents. Natural landscape buffers shall be required as opposed to fencing or other artificial measures. It shall provide, to the maximum extent practical, for the effective screening of the other development from the view of mobile home residents and of all mobile homes and accessory structures from view by adjoiners. The Planning Board shall also require and approve a landscaping plan for the interior of the mobile home park to buffer individual mobile homes, provide shade and green areas and to ensure a wholesome living environment.

6.9.3 Skirting acceptable to the Planning Board and Code Enforcement Officer shall be installed along the perimeter of each mobile home, extending from the mobile home stand to the floor of the mobile home unit and fully screening the area beneath the unit from view. The landscaping plan required above shall also address landscaping of individual mobile home sites and ensure effective separation of mobile homes from each other for the purpose of privacy as well as aesthetics.

6.10 The owner or operator of each mobile home park shall keep a register wherein there shall be recorded the name and permanent address of the owner and occupant of each mobile home situated in the court, the registration number of the same, the date it was admitted and the date of its removal. Such register shall be signed by the owner of the mobile home park or the person bringing the same into the court. Such register shall be open for inspection to the Town Code Enforcement Officer, the Town Planning Board, the Town Board, or the Town Assessor at all reasonable times. Registers shall be kept for a period of seven (7) years.

6.11 Fire District Approval and Firefighting Requirements

6.11.1 No application for a mobile home park license shall be approved unless and until the appropriate officer of the applicable Town fire district shall have reviewed the plans as well as the site and determined the district fire-fighting equipment can provide adequate coverage of the park and that there are no major obstacles in the design or layout of the facility to providing fire protection. The applicant shall document to the fire district and the Planning Board, that there is a fire hydrant(s), with sufficient capacity to meet the fire-fighting needs associated with the development, located on the site and convenient for easy access. Water storage facilities may be provided as an alternative to hydrants if the same are secured from access by small children.

6.11.2 If the fire district approval cannot be obtained because the district lacks the specific services and facilities needed to serve the proposed park, the Town shall be authorized, through its Planning Board and Code Enforcement Officer, to require a condition of special use and site plan approval as well as licensing hereunder, a financial contribution from the applicant toward providing those services or facilities. Such contribution shall be reasonable and directly related to the costs of serving the mobile home park.

6.12 No sales of mobile homes for off-site placement shall be permitted within the mobile home park, excepting for previously occupied mobile homes sold individually by residents of the mobile home park. Also, no mobile home shall be used for rental purposes except for temporary periods in those instances were an individual owner of such home, not including the mobile home park operator, shall have placed such home on-site for the purpose of personal occupancy and is no longer, for reasons of health or circumstance able to live there.

7.0 Enforcement.

The Code Enforcement Officer shall enforce all the provisions of this Law and shall have the right at all reasonable times, to enter and inspect any mobile home park or other premises used for the parking and placing of mobile homes.

7.1 If the Code Enforcement Officer finds that a mobile home park for which a license has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this law, he may serve, personally or by certified mail to the holder of the license, a written order which will require the holder of the license to correct the conditions specified in such order within 10 days after the service of such order. The Code Enforcement Officer shall, for the purpose of determining compliance with this Law, be authorized to make periodic inspections of all mobile home parks and shall be provided entry to accomplish that task. The Town Board shall specify the frequency of such inspections and set fees to cover costs involved.

7.2 If the holder of such license shall refuse or fail to correct the condition or conditions specified in such order within ten (10) days after the service of such order, the Code Enforcement Officer may suspend such license and the holder of the license shall thereupon terminate the operation of such mobile home park provided residents have been afforded adequate opportunities consistent with State and/or Federal law to relocate.

7.3 However, if the owner or operator of such mobile home park shall thereafter correct such conditions and bring the mobile home park into compliance with this law, such owner may then apply for the issuance of a new license for such park and if the application is approved and a license granted, the applicant shall pay the Town the fee required by this Law without any credit for the fee paid for the license which was revoked.

7.4 Any license which is not used for the purpose intended within two (2) years of the date of issuance as evidenced by placement of the home(s) on the designated site, shall automatically expire.

7.5 No license for a mobile home park, or any portion of a mobile home park, shall be issued unless and until all improvements as required herein, including landscaping and screening, have been physically installed, inspected and approved by the Code Enforcement Officer, excepting that the roads shall be approved by the Town Highway Superintendent in consultation with the Town Engineer as may be required. In those instances where a mobile home park subdivision is to be created and individual lots are to be conveyed for the purposes of placing a mobile home, all required improvements will be installed or financially secured pursuant to Section 277 of the Town Law and other requirements of the Town of Lumberland's Subdivision Law shall be met. Such subdivisions shall be subject to the development standards provided herein and in the Town Zoning and Subdivision Laws. Should the latter development standards and the standards herein conflict the more restrictive standards shall apply.

8.0 Penalties.

8.1 Any person, partnership, association or corporation who violates any provision of this Law shall be guilty of an offense against this Law and subject to a fine of not less than one-hundred ($100) or more than five-hundred ($500) dollars. When a violation of any of the provisions of this Law is continuous, each day a portion thereof shall constitute a separate and distinct violation.

8.2 In addition to the above provided penalties, the Code Enforcement Officer may maintain a civil action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this Law or to restrain, by injunction, the violation of this Law.

9.0 Exceptions.

None of the provisions of this Law shall be applicable to the following:

9.1 The business of mobile home sales, except that where units are used as living quarters, they shall conform with the provisions of this Law.

9.2 The storage of an unoccupied mobile home, provided, however, that such unoccupied mobile home shall not be parked or located between the street line and the front building line of any premises or within any required yard area.

9.3 A mobile home located on the site of a construction project, survey project or any other similar work project which is used solely as a field office or work or tool house in connection with such project, provided that such mobile home is removed from such site within thirty (30) days after the completion of such project.

9.4 A modular house or manufactured home, other than a double-wide mobile home, which is prefabricated in sections, transported to the building site then fastened together and anchored to a permanent and totally enclosed masonry foundation and which has a minimum width of 24 feet for its entire length and contains a minimum of 960 square feet of usable living space.

10.0 Validity and Non-waiver.

10.1 If any section, paragraph, subdivision or provision of this Law shall be found invalid, such validity shall apply to the section, paragraph, subdivision or provision adjudged invalid and the remainder of the Law shall remain valid and effective.

10.2 The issuance of any permit of license pursuant to the provision of this Law shall not be deemed to waive compliance; by the holder thereof, by the property owner or by any occupant; or of any court or mobile home park statute of the State of New York Law or health regulation of the State of New York or the County of Sullivan or the Town of Lumberland or any provision of this Law.

11.0 Reserved.

12.0 Waivers.

12.1 The Planning Board may, for good cause shown, authorize waivers for the strict interpretation of the provisions of this Law affecting existing mobile home parks and mobile homes, excepting that it shall not waive any requirement which would otherwise require a variance of the Town of Lumberland zoning ordinance and necessarily be handled by the Zoning Board of Appeals.

12.2 Procedure for waivers.

12.2.1 The owner of an existing mobile home park or mobile home outside a mobile home park may apply for a waiver by filing an application with the Code Enforcement Officer together with an application for a license setting forth the reasons for the waiver.

12.2.2 Fees for waiver applications shall be established by resolution of the Town Board.

13.0 Separability.

Should any section or provision of this Law be decided by the Courts to be unconstitutional or invalid, such decision shall not effect the validity of the Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

This project was assisted by a grant from the Upper Delaware Council, Narrowsburg, NY 12767