The Mobile Home Installation Ordinance of the Town of Berkshire

Approved by the Town Board
June 14, 1994

SECTION 1.0 GENERAL PROVISIONS

1.1 TITLE

This ordinance shall be known as THE MOBILE HOME INSTALLATION ORDINANCE of the Town of Berkshire.

2.0 PURPOSE

2.1 DECLARATION OF PURPOSE

The purpose of this Ordinance is to promote the health, safety and general welfare of the community, including the protection and preservations of the character of the Town of Berkshire by establishing specific requirements and regulations governing the installation and occupancy of mobile homes.

SECTION 3.0 DEFINITIONS AND RELATED N.Y.S. REGULATIONS

3.1 GENERAL STATEMENT

For the purpose of this Ordinance, the following words, terms and phrases shall have the meaning ascribed to them in this section. Except where defined herein, all words used in this Ordinance shall carry their customary meanings. Words used in the present tense include the future and the singular includes the plural. The word lot includes "plot" and "site"; the word "building" includes "structure"; the word "shall" is mandatory; "occupied" or "used" shall be considered as though followed by the term "or intended", includes the individual, partnership, association, corporation, company or organization.

3.2 FLOOD HAZARD AREA

Those areas regulated by current Town Ordinances, local laws or state laws regulating lands subject to flooding.

3.3 MOBILE HOME

A mobile home is a structure which is designed to be transported on its’ own wheels or those of another vehicle, which is used, designated to be used and capable of being used as a detached residence and which is intended to be occupied as permanent living quarters containing plumbing and electrical connections for attachment to outside systems. This definition of a mobile home includes all additions which are added hereto or additions made subsequent to installation. This definition does not include modular housing placed on a standard foundation.

3.4 MOBILE HOME STAND

A mobile home stand is a durable surface pad, foundation and mount which is to be used for the placements, ground anchoring and support of a mobile home.

3.5 MODULAR HOUSE

A housing unit, constructed off site, prefabricated in sections consisting of more than one segment, transported to the building site, then fastened together and placed and anchored on a perimeter foundation to become a fixed part of the real estate.

3.6 RELATED N. Y. S. REGULATIONS

This ordinance is subject to all related N.Y.S. regulations.

SECTION 4.0 PERMIT REQUIREMENTS

4.1 PERMIT REQUIREMENT

No person being the owner or occupant of any land within the Town of Berkshire shall use or allow the use of such land for the installation of a mobile home unless a permit has been obtained as herein provided.

4.2 EXCEPTIONS

None of the provisions of Sections 4.0, 5.0, and 6.0 of this Ordinance shall be applicable to the following:

4.2.1 The business of mobile home sales, except when the units are used as living quarters.

4.2.2 Stored mobile homes outside of an enclosed structure: Mobile homes shall not be between the street line and the front building line or within twenty (20) feel of an adjoining property line.

4.2.3 A travel trailer or motor home when used for temporary living quarters for sixty (60) days or less.

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

4.3 ISSUANCE OF PERMIT

The Code Enforcement Officer reviews and approves the Mobile Home Permit Application and issues a Mobile Home Installation Permit to be effective from the day of issuance to and including one year (365 days) from the issue date.

4.4 PERMIT REQUIREMENTS

The Mobile Home Installation Permit shall not be issued until the Code Enforcement Officer receives the following:

4.4.1 A written application complying with SECTION 5.0

4.4.2 The required fee as herein approved.

4.5 PERMIT TRANSFER

The Permit shall not be transferable or assignable.

4.6 GENERAL INFORMATION

4.6.1 The application shall include all of the submission requirements of this Ordinance and shall be reviewed by the Town Code Enforcement Officer.

4.7 SPECIFIC PROCEDURES FOR INSTALLATION APPROVAL

4.7.1 Each application shall be prepared on a form supplied by the Town Clerk and shall include all required application data, and shall be filed in four (4) copies with the Town Clerk.

4.7.2 The Town Clerk shall transmit three (3) copies of the application and application data to the Town Code Enforcement Officer.

4.7.3 The Town Code Enforcement Officer shall review the application for compliance with the minimum requirements of this Ordinance. Incomplete applications shall be returned to the applicant indicating the additional information or material required.

4.7.4 Upon the receipt of the application, the Town Code Enforcement Officer shall review the design of the mobile home installation.

4.7.5 Within seven (7) days after the receipt of a complete application from the Town Clerk, the Town Code Enforcement Officer shall issue or reject the permit. If a variance is requested or required, it must be processed in accordance with the Town of Berkshire Building Permit Ordinance, Section 8.

SECTION 5.0 APPLICATION FOR MOBILE HOME INSTALLATION

5.1 PREREQUISITES

5.1.1. Install sluice pipe (see section 7.5.6)

5.1.2. Obtain 911 number from Fire Department

5.1.3. Complete Building Permit Application

5.1.4. Two (2) sets of plans. The plans shall be drawn to a scale of one inch equals not less than twenty (20) and not greater than fifty (50) feet and shall include data, north arrow and scale and shall show how the requirements of section 6.0 are to be met.

5.2 APPLICATION REQUIREMENTS

The application shall include the following information:

5.2.1 the name and current address and phone number of the applicant.

5.2.2 the location and description and TAX MAP number of the land that is proposed to be used as a mobile home site.

5.2.3 A description of the land; to include wooded areas and any prominent features.

5.2.4 The location and official names of all adjacent roads, streets or highways shall be down on the location map.

5.2.5 the location of all water lines, wells or potable water within the adjacent )within one hundred (100) feet) to the proposed site and all right-of-ways shall be shown on the plot plan.

5.2.6 The location, widths and lengths of all proposed driveways and turn arounds.

5.2.7 the location and design of all proposed site improvements and proposed drainage and grading plans as defined in Section 7.0.

5.2.8 A percolation test which shall be conducted by the applicant and witnessed by the Code Enforcement Officer according to the "Waste Treatment Handbook" by the N.Y.S. Department of Health. The results shall be furnished to the applicant for use in the design of the septic system.

5.2.9 Plans showing the construction of existing or proposed septic system components including dimensions and clearances.

5.2.10 the location and description of fuel storage facilities and distance from the mobile home and the property boundary lines.

5.2.11 The site lighting plan, if one exists.

SECTION 6.0 INSTALLATION REQUIREMENTS

6.1 STANDARDS

6.1.1 The permit applicant shall be the party responsible for adherence to all Ordinance and code requirements.

6.2 SITE

6.2.1 The Site shall be located on a well-drained area which is properly graded to ensure adequate drainage and freedom at all times from stagnant pools of water. Run off from the site onto adjacent land shall be controlled such that erosion does not occur.

6.2.2 The site shall not be in a flood hazard area.

6.2.3 The site shall meet the minimum requirements for a lot as required in the Permit Ordinance of the Town of Berkshire.

6.2.4 Only one mobile home shall be allowed on a mobile home site.

6.3 MOBILE HOME CONSTRUCTION

6.3.1 All mobile homes without a HUD approval number and placed in a site after this ordinance is enacted shall be constructed and installed in compliance with *735.9D - Exits, and 1193.2 Fire Safety. (19AA/NYS Executive Law).

6.4 MOBILE HOME STAND

6.4.1 the stand shall fit the dimensions of the anticipated mobile home and its accessory structures and appendages and shall allow for permanent attachment of the mobile home. Stands may be constructed one of four ways.

6.4.1.1 The home may be located on an enclosed masonry foundation whose base if a minimum of eight inches in width and thirty-six (35) inches below ground level, on proper footer or virgin soil.

6.4.1.2 The mobile home may be located on twelve (12) inch (minimum) concrete pilings spaced a maximum of ten (10) feet apart whose base is a minimum of thirty-six (36) inches below ground level and shall bear on virgin soil.

6.4.1.3 A pad under the mobile home which shall be constructed with a minimum of nine (9) inches of bank run gravel covered by six (6) inches compacted screened gravel. The pad shall be constructed with a minimum of eight (8) inches of reinforced concrete and shall otherwise by of a durable and adequate design for the support of the maximum anticipated loads. The pad must be raised at least three (3) inches above the adjacent ground level.

6.4.1.4 The mobile home maybe placed on concrete lateral pads. Pads must be installed on properly drained compacted gravel beds at least twenty four (24) inches in depth. Pads will be constructed of reinforced concrete a minimum of twelve (12) inches wide by twelve (12) inches deep to extend the full width of the mobile home. Pads will be installed at each end of the mobile home and spaced a minimum of ten (10) feet.

6.4.2 Within thirty (30) days of installation, the mobile home foundation shall be enclosed by a skirt securely fastened and extending from the outside wall of the mobile home to ground level around the entire perimeter of the mobile home. The skirt shall be constructed of sturdy wood, plastic, masonry, or metal material capable of withstanding extreme weather conditions over extended periods of time. No shirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level.

6.4.3 The bottom frame of the mobile home, when placed upon said foundation shall not exceed forty-eight (48) inches in height above ground level at any point unless approved by a registered Professional Engineer or Architect.

6.4.4 Both the pad and the foundation must be graded to the surrounding ground to allow for adequate surface drainage.

6.5 UTILITIES

The following utilities shall be provided for each mobile home:

6.5.1 An adequate supply of portable water shall be supplied by pipes to the mobile home. Proof of correct negative coliform tests shall be provided by a N. Y. S. Department of Health certified laboratory.

6.5.2 An approved septic system

6.5.3 A storm drainage system designed to convey all storm water into natural water courses and to maintain the site free from standing pools of water and erosion.

6.5.4 Weather-proof electrical service connections and outlets which are type approved by the N. Y. S. Board of Fire Underwriters subject to complete electrical inspection.

6.6 LANDSCAPING

6.6.1 Grass and ground cover shall be provided and maintained on all areas subject to erosion.

SECTION 7.0 BUILDING REQUIREMENTS

7.1 REQUIREMENTS FOR STANDARD LOT SIZES

7.1.1. All mobile home lots shall have a minimum lots size of one acre.

7.2 REQUIREMENTS FOR LOT FRONTAGE AND DEPTH

7.2.1 All mobile home lots shall have a minimum depth of one hundred fifty (150) feet and shall have a minimum frontage of one hundred fifty (150) feet on a public or private street. The depth of a lot shall be measured radially or at right angle with respect to the right-of-way on the frontage of the lot. The depth of a corner lot shall be measured radially or at a right angle to the right-of-way along the longest street frontage.

7.3 BUILDING PLACEMENT

7.3.1 All buildings shall be set back a minimum distance of twenty-five (25) feet from the abutting right-of-way passing in front of the building.

7.3.2 All buildings shall be at least ten (10) feet from all property lines.

7.3.3 All buildings shall be separated by at least five (5) feet.

7.3.4 All buildings on corner lots shall be set back at least forty (40) feet from each street right-of-way which forms the corner.

7.4 SEPTIC SYSTEM PLACEMENT

7.4.1 Tank placement
All septic tanks shall be a minimum of ten (10) feet from any building.

7.4.2 System Pipe Placement
All septic system outlet pips shall be a distance of at least twenty-five (25) feet from the property boundary line and all right-of-ways.

7.4.3 Water Distance Requirements
All septic system leach field pipes and sand filter systems shall be at least one hundred (100) feet from all wells or potable water sources whether such sources are on the owner’s property or not.
NOTE: See N.Y. State "Household Waste Treatment" Handbook.

7.5 DRIVEWAY SLUICES

7.5.1 All driveway sluices at intersections with Town roads shall be approved by the Town Highway Superintendent and will be installed free by the Town if so requested. The owner shall furnish all materials if the Town is to install the driveway sluice.

7.5.2 All N.Y. State Highway sluices shall be approved by the N.Y.State Department of Transportation.

7.6 ADDITIONAL REQUIREMENTS

7.6.1 All building construction shall meet all of the requirements of the N.Y.S. Fire Prevention and Building Codes.

7.6.2 All wells shall be at least fifteen (15) feet from all property boundary lines and right-of-ways. They shall also be located at least ten (10) feet from the structure perimeter.

7.6.3 A Certificate of Occupancy shall be issued by the Code Enforcement Officer upon satisfactory completion of the installation and prior to any occupancy.

 

SECTION 8.0 PENALTIES

8.1 Penalties for violation in accordance with Town of Berkshire Building Permit Ordinance Section 7.

8.2 All mobile home owners shall allow inspection by the Town Code Enforcement Officer.

SECTION 9.0 ADMINISTRATION AND FEES

9.1 This Ordinance shall be administered by the Code Enforcement Officer.

9.2 The permit fee schedule is available from the Town Clerk.

SECTION 10.0 RESTRICTIONS

10.1 Prohibition of Mobile Homes. No mobile home or travel trailer shall be parked or allowed to remain upon any street, highway or other public place, except that emergency stopping or parking, when caused by mechanical failure, shall be permitted upon the shoulder of any street or highway or other public place for a period of not more than seventy-two (72) hours, subject, however, to any prohibition imposed by other regulations or laws.

SECTION 11.0 VALIDITY OF ORDINANCE

11.1 Should any section or provision of this Ordinance contained therein or as amended hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid.

SECTION 12.0 EFFECTIVITY

12.1 This Ordinance shall be in force and effective immediately upon adoption and publication as required by law.

12.2 Existing single or multiple mobile homes which were installed prior to this Ordinance becoming Town Law shall be allowed by not additions shall be made to those mobile homes or additional mobile homes installed at those locations unless they meet the requirements of this Ordinance.

12.3 Legal Notice of a public hearing was published on June 1, 1994 in the Tioga Courier.

12.1 Public Meeting
A public hearing was held on June 14, 1994 at 6:30 PM at the Town Shed.

12.2 Adoption
This Ordinance was adopted by the Town Board on June 14, 1994 at The Town Board Meeting.

12.3 Adoption Notice
Notice of the adoption of this Ordinance was published by the Tioga County Courier on July 6, 1994.

12.4 Posting
This Ordinance was posted at the Town Clerk’s Office on July 6, 1994

SECTION 13.0 APPROVAL

The Town Board of Berkshire does, by reason of the signatures below, hereby approve this ordinance

Town Supervisor Town Council

Town Clerk Town Council

Town Council