Town Of Candor
 Laws 

Licensing of Mobile Home Parks

August 01, 1994
Body:

Mobile Home Licensing Regulation

TOWN OF CANDOR

LOCAL LAW NO. 4 OF 1994

PROVIDING FOR THE LICENSING AND REGULATION OF MOBILE HOMES

SECTION 1. Purpose.

The purpose of this Local Law is to promote the health, safety, property and general welfare of.the inhabitants of the Town of Candor, Tioga County, New York" by the regulation of mobile home parks and mobile homes within said Town.

SECTION 2. Definitions.

For the purpose of this local law, the following terms, words and phrases shall have the meaning ascribed to them in this section:

Dustless Material - any material used for surfacing streets in a Mobile Home Park which in and of itself does not disintegrate or breakdown to a form which will cause dust to be created and blown into the air by the wind or by the passing of motor vehicles over it.

Enforcement Officer - The Code Enforcement Officer of the Town of Candor or any other official from time to time designated by the Town Board to enforce the provision of this Local Law.

Mobile Home - Any portable vehicle which is designed to be transported on its own wheels which is used, designed to be used, or capable of being used as a detached single family residence; and which is intended to be occupied as permanent living quarters containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems, and includes all additions to the mobile home including open canopies.

Mobile Home Lot - A designed site of specific total land area which is located within or outside a mobile home park for the accommodations of one mobile home and its occupants.

Mobile Home Park - Any tract of land which is planned, intended and improved for the placement of three or more mobile homes for dwelling purposes.

Mobile Home Stand - A durable surface located on a mobile home lot which is to be used for placement of or capable of supporting a mobile home and which meets the basic requirements of NFPA 501A. (National Fire Prevention Association) section 501A Chapter 3 1982 Edition)

Perimeter Foundations - A solid wall of durable masonry material or other New York state Uniform Fire and Building Code approved material which is constructed in such a manner as to prevent movement due to frost action, upon which a mobile horne rests and which encloses the space between the bottom of the mobile home and the ground.

Masonry Facing System - A skirting construction which consists of pressure treated wood studding to which is attached a commercial mortar board which is then covered with a commercial masonry facing material.

Person - One or more individuals, partnership, a joint venture, an association or a corporation.

Travel Trailer - Any portable vehicle which is designed to be transported on its own wheels, and intended to be used for temporary living quarters for travel, recreational or vacation purposes; and which mayor may not inClude one or all of the accommodations and facilities included in a mobile home.

SECTION 3. Requirements.

3.1 - Basic Requirements

No mobile home park shall be constructed within the Town of Candor without first obtaining a permit for such construction nor shall any mobile horne park be operated within the Town of Candor without first securing a license therefor and renewing such license each year in compliance with the requirements of this local law, and no mobile home shall be placed or used for dwelling purposes inside or outside a mobile horne park except upon securing a permit therefor and upon complying with the relevant provisions of this Local Law and the New York state Environmental Quality Review Act.

3.2 - Additional Requirements

  1. All such mobile horne parks and mobile homes located inside or outside of parks shall comply with the New York State Uniform Building and Fire Code and all other applicable Local Laws or Regulations of the Town of Candor.
  2. Mobile Horne Criteria

    1. A mobile home to be used as a dwelling unit may not be placed on a mobile home lot within the Town of Candor unless it bears a seal issued by the manufacturer certifying that the mobile home was constructed to one of the following standards:

        i) The New York state Code for Construction and Installation of Mobile Homes (9NYCRR) if constructed after January 15, 1974, or

      1. ii) The U. S. Department of Housing and Urban Development Mobile Home Construction and Safety Standard (CFR Title 24, Part 3280) if constructed after June 15, 1976.
    2. Any mobile home not bearing a seal by the manufacturer showing compliance to one of the above standards which is already located within the Town of Candor at the effective date of this Local Law:

      1. i) Shall be permitted to remain in a mobile home park or on a private lot if legally placed there and if used as a dwelling unit.
      2. ii) Shall be permitted to be moved to another location within the Town of Candor by the owner, if such owner of the mobile home prior to its relocation occupies the mobile home at its new location.
      3. iii) Shall be allowed; if sold, rented or leased to be moved to a new location within the Town of Candor only after being certified in writing by a New York State licensed Professional Engineer or Architect that the mobile Home complies with the provisions of Sub-chapter B of Article 3 of the New York State Uniform Fire Prevention and Building Code or the provisions of the U. S. Department of Housing and Urban Development CFR Title 24, Part 3280.
      4. iv) Shall, if used for any purpose other than as a dwelling unit, comply with the provisions of the New York State Uniform Fire Prevention and Building Code as it pertains to the particular occupancy for which the structure is to be used.
    3. Any person who places a Mobile Home within the Town of Candor for use as a dwelling unit shall comply with sections 1193.2 (Smoke Detecting Devices) and 713.1 (Stairs) of the New York State Uniform Fire prevention and Building Code.
    4. Not more than two singlewide Mobile Homes may be joined together to serve as one residential dwelling only if all the following conditions are met:

      1. i) Such attached structure is to be located or placed on a lot outside a Mobile Home Park.
      2. ii) Each such unit must bear a seal as described in section 3 (b) {ll (i) or (ii) above confirming each unit's compliance with the standards mentioned in those subdivisions.
      3. iii) The completed structure and lot upon which it is to be placed must also comply with all other requirements for the placement of a Mobile Home within the Town of Candor including but not limited to closure, lot size, setback and side set, etc.
      4. iv) The applicant for a permit to install such attached units must submit plans and drawings for the attached units which plans and drawings must be certified in writing by a New York state licensed Professional Engineer or Architect that the attached Mobile Homes will comply with any and all the provisions of the New York state Uniform Fire Prevention and Building Code and/or with the provisions of Sub-chapter B of the New York state Uniform Fire Prevention and Building Code or the provisions of the U. S. Department of Housing and Urban Development CFR Title 24, Part 3280.
      5. v) No variances nor waivers of the above requirements may be granted.

SECTION 4. Requirements for Establishing Mobile Home Parks.

Every mobile home park must meet the following requirements:

4.1 - site

The park shall be located on a well-drained site which is properly graded to insure rapid drainage and freedom at all times from stagnant pools of water, and shall be free from heavy or dense growth of brush and woods. No park may be located in a flood hazard district, as defined in'current Town of Candor Local Law.

4.2 - Size

Irrespective of the number of mobile home lots proposed, no mobile home park shall comprise less than five acres.

4.3 - Mobile home lot

Each mobile home lot in a mobile home park shall have a total area of at least 6000 square feet.

4.4 - Location of mobile home

  1. No mobile home shall be parked or otherwise located nearer than a distance of:

    1. At least thirty (30) feet from another mobile home in any direction.
    2. At least fifty (50) feet from the park property line.
    3. At least seventy five (75 feet) from the center line of a public street or highway.
    4. At least twenty (20) feet from the nearest edge of any roadway located within the park.
  2. Only one mobile home shall be permitted to occupy anyone mobile home lot. Two or more mobile homes may not be attached together in any manner on the same lot.

4.5 - Mobile Home Stand and Closure

  1. Each mobile home lot shall have a mobile home stand which will provide for the practical placement on and removal from the lot of both the mobile home and its related accessory structures, and the retention of the home on the lot in a stable condition. The stand shall be constructed of an appropriate non-porous material which is durable and adequate for the support of the maximum anticipated l.oads as specified by the manufacturer or if none then as specified in NFPA 501A, Chapter 3. The surrounding area shall be suitably graded to permit rapid surface drainage.
  2. 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. Such skirting must be installed within 60 days after completion of utility hookups, so as to hide all wheels, chassis and other related accessories under the home. The skirt shall be constructed of manufactured skirting material intended for skirting a mobile home, a vinyl siding material with a rigid backing, a material matching and equivalent to the mobile home siding, pressure treated wood or a commercial masonry facing system which shall be adequately framed. No skirt shall be required where a perimeter foundation is employed.

4.6 - Accessibility

  1. Each mobile home park shall be directly accessible from an existing public highway or street.
  2. Where a mobile home park has more than twenty-five (25) mobile home lots, two points of entry and exit to a public highway or access road shall be provided. In no instance shall the number of entry and exit points exceed four unless approved by the Highway Official or Agency responsible for the road on which the access points intersect.
  3. An access road from a public highway to a park and all entrances and exits shall be designed and strategically located for 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. They shall be at right angles to the existing public highway or street, shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached, and shall be free from any material which would impair visibility.

4.7 - streets

Each park shall have a system of improved streets which will provide for convenient access to all mobile home lots and other important facilities within the park. Such system shall meet the following requirements:

  1. streets shall be improved with a minimum of twelve (12) inch gravel base, and a topping of an all-weather dustless material.
  2. The street system shall be so designed to permit safe and convenient vehicular circulation within the park.
  3. streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.
  4. All streets shall intersect at an angle between 80 degrees and 90 degrees.
  5. All streets shall have a minimum cartway width of twenty-four (24) feet.
  6. Except in cases of emergency, no parking shall be allowed on such streets.
  7. An all-weather, dustless driveway with a minimum width of ten (10) feet shall be provided for each mobile home lot.

4.8 - Parking

  1. Two off-street parking spaces surfaced with an allweather dustless material, shall be provided on each mobile home lot. Each parking space shall have a minimum width of ten (10) feet and a minimum length of twenty (20) feet. This requirement will be deemed satisfied if there are two off-street parking spaces available in the driveway area.
  2. Additional off-street parking spaces surfaced with all weather dustless material shall be provided at strategic and convenient locations, with at least one such parking space for each two mobile home lots within the park. Such parking shall be provided in spaces of not less than ten (10) feet by twenty (20) feet in dimension with an additional 150 square feet for adequate maneuvering space.

4.9 - utilities and Service Facilities

The following utilities and service facilities shall be provided in each mobile home park and shall be in accordance with the regulations and requirements of the New York state Department of Health, the Sanitary Code of New York State, and of any health law or code hereafter adopted by the County of Tioga, or the Town of Candor:

  1. A storm drain system designed to convey all storm water into natural water courses and to maintain the park area free from standing pools of water.
  2. An adequate supply of pure water for drinking and domestic purposes, supplied by pipes to all mobile home lots and appropriate buildings within the park. Each mobile home lot shall be provided with proper water connections.
  3. A sewer for each mobile home lot, which shall be connected to the mobile home situated on the lot, to receive the waste from the shower, tub, flush toilets, lavatory, kitchen sink, and laundry facilities in such home, and shall be connected to a public sewer or central private system so as not to present a health hazard. Sewer connections in unoccupied lots shall b~ so sealed as to prevent the emission of any odors and the creation of breeding places for insects.
  4. Receptacles with tight fitting lids for the storage of garbage and rubbish, which shall be collected and emptied as frequently as may be necessary. Such receptacles shall be screened by opaque fencing and/or plants.
  5. Service buildings 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. Underground weatherproof electric, gas (if available) and telephone service connections and outlets, of a type approved by the appropriate utility company or agency shall be provided for each mobile home lot.

4.10 - Open Space

Each mobile home park shall provide common open space for the use of the occupants of such park. Such open space shall be conveniently located in the park, shall have a total area equal to at least ten per cent of the minimum lot size multiplied by the number of lots actually laid out to be used for mobile home lots, and shall be maintained by the mobile home park owner.

4.11 - Landscaping

  1. Lawn and ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas.
  2. Planting or screening shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and a suitable setting for the mobile homes and other facilities.
  3. Plantinq or screening shall be provided to screen objectionable views, including laundry facilities, garbage storage areas and collection areas.
  4. other plantings shall be provided along those areas within the park which front upon existing public highways, streets, and adjacent properties to reduce glare and provide pleasant outlooks for the living units.
  5. Grass and ground cover shall be provided on all areas subject to erosion.

SECTION 5. Licensing Procedure.

5.1 Any' person proposing to construct and operate a mobile home park shall file with the Town Clerk a license application in triplicate on a form provided by the Town, accompanied by three sets of plans of the proposed park, and accompanied by the required fee as hereinafter provided. Said plans shall be drawn to a scale of 20, 40, or 50 feet to the inch and indicate the north point and scale. Such plans shall have the endorsement and stamp of a Professional Engineer or Architect licensed by the State of New York affirming that the plans conform to the requirements of the New York State Uniform Fire Prevention and Building Code, this Local Law and any other New York State Statute and/or Regulation applicable to mobile home parks.

5.2 Such application and plan shall set forth the following information:

  1. Legal Data

    1. The name and address of the applicant, or the name and address of each partner or principal if the applicant is a partnership or joint venture; or the name and address of each officer and director if the applicant is an association or corporation.
    2. The location and description of the land proposed to be used as a mobile horne park.
    3. The number of lots to be provided in such park.
    4. A copy of standard lease, park regulations, and operating policies.
    5. The name, address and telephone number of the person in charge of the mobile horne park (manager), the collector of rents and head of maintenance, if such person is not the applicant or the applicant is a corporation.
  2. Physical Features

    1. Contours at five (5) foot intervals, and land areas in excess of 10 per cent grade.
    2. Location of water courses, marshes, and areas subject to flooding.
    3. Wooded areas.
    4. Soil types in all parts of the proposed site and results of soil tests.
  3. Existing Development

    1. A location map which shows all land within three hundred (300) feet of the proposed mobile home park and all structures on the land which abuts the proposed park.
    2. The location, names and width of all adjacent streets or public roads.
    3. The location of all water lines and utilities within and adjacent to the proposed site.
  4. Proposed Development

    1. The location and width of all entrances, exits, streets, walkways, parking areas, and easements.
    2. The location, and dimensions of each lot within the park showing the location of each proposed Mobile Home and parking space.
    3. The method and plan for electric lighting, including street lighting.
    4. The location and plan of all proposed permanent structures and improvements.
    5. Proposed grading and plans for landscaping.
    6. Proposed storm water drainage.
    7. Proposed utilities.
    8. Public improvements proposed by the Town in or adjoining the proposed park.
    9. Existing zoning.

5.3 There shall be endorsed on such application and plan, the approval of the New York state Department of Health, or any other health agency having jurisdiction, of the plans for water supply and sewage disposal.

5.4 Processing of Application

  1. Upon receipt of such application and plan, the Town Clerk shall submit two copies thereof to the Enforcement Officer and one copy to the Town Planning Board. The Enforcement Officer shall review the same and examine the proposed site in order to determine whether they conform to the requirements of this Local Law and to any relevant requirement of any health agency having jurisdiction. The Code Enforcement Officer and the applicant shall present the application at the next Town Planning Board meeting for recommendations. The Code Enforcement Officer shall also consult the Town Planning Board for recommendations. If deficiencies are found in the application or plan, notification shall be made to the applicant thereof and the applicant shall be given reasonable opportunity to make the indicated corrections. The Code Enforcement Officer shall then, not more than sixty (60) days from the date of filing of the original application, return the same with any changes or corrections made by the applicant to the Town Clerk and file therewith his recommendations, including any recommendations of the Town Planning Board, with respect to the application and furnish a copy of such recommendations to the applicant.
  2. At its next ensuing meeting, the Town Board shall consider the application and the recommendations of the Enforcement Officer and Planning Board and shall either reject the application or accept it subject to public hearing. In the latter event, the Town Clerk shall cause to be published in the official newspaper, a notice of such hearing, specifying the date, time, place and purpose thereof, which notice shall be published at least five (5) days before the date of the hearing. The Clerk shall also send a copy of such notice to the applicant, the Enforcement Officer, ahd the chairman of the Town Planning Board.
  3. Following such hearing and not more than thirty (30) days thereafter, the Town Board shall either grant final approval of the application, with such corrections, additions or. deletions as the Board may prescribe, or reject it. Failure of the Town Board to act within such time shall be deemed a rejection of the application. The applicant upon request must be provided with a written statement of reasons the application was rejected. Upon receipt of such request the Town shall have thirty (30) days to respond in writing stating the reasons for rejection of the application and upon its failure to do so such application shall be deemed to have been approved.
  4. If the application has been approved, the Town Clerk shall thereupon issue the original license which shall be effective from its date to the end of the calendar year in which it is issued, and the applicant may thereupon proceed with the construction and operation of the mobile horne park.
  5. During construction of the mobile home park, and at the conclusion of construction the Code Enforcement Officer shall inspect the park to ascertain whether the construction in fact complies with the approved application and with the requiremerits of this Local Law, and shall have the power to delay actual operation of the park until such requirements have been fully met.

SECTION 6. Supplemental License

Any person holding a license for the operation of a mobile home park and desiring to make changes to the park as currently licensed shall file an application for a supplemental license with the Town Clerk prior to making any changes.

6.1 Such anticipated changes shall be shown in detail on the Supplemental Application. The applicant shall append to such Supplemental Application three sets of plans which show the proposed changes. The application shall include, so far as such are pertinent, the same information and data as required for an original license.

6.2 Applications for Supplemental Licenses shall be accompanied by the required fee. .The fee for such Supplemental Application shall be determined by resolution of the Town Board and the Town Clerk shall maintain a schedule of this and any other fee set by the Town Board.

6.3 An application for a Supplemental License shall be processed in the same manner as set forth in Section 5.4 for an original license except that the decision to hold a public hearing shall be at the discretion of the Town Board. If the application is approved the Town Clerk shall issue the Supplemental License effective for the balance of the current calendar year. Thereafter, any Renewal License shall apply to the mobile home park as originally licensed and as altered according to the approved Supplemental License.

SECTION 7. Operation of a Mobile Home Park

7.1 Prior to the placement of a mobile home in any mobile home park or to the construction of an addition to an existing mobile home, the owner or manager shall deliver to the prospective tenant a copy of the Town of Candor "Mobile Home Installation Requirements." That document shall contain a notice advising the mobile home owner that a permit must be obtained from the Town of Candor to place the mobile home in the park and specify the requirements for settirig up the mobile home and a statement to be signed by the mobIle home owner that he or she has received and understands the installations requirements. The park owner or manager shall forward the signed statement to the Town of Candor before a permit will be issued.

7.2 The park owner shall be responsible for complying with the site requirements of the Local Law under which the Lot was originally established.

SECTION 8. Renewal License

8.1 An application for the renewal of a mobile home park license shall be filed on or before December 31st of the year covered by the current license.

  1. Accompanying the application shall be a list of the names and lot location of all tenants in the park.
  2. If no changes are contemplated in the plans, specifications, features, services and method of operation from those already approved, the Town Clerk is authorized to issue a renewal license for a period of one (1) year commencing January 1st, upon payment of the required fee.
  3. If any changes in the plans, specifications or features, are contemplated, then the procedure herein prescribed for the issuance of a supplemental license must be observed.
  4. If any changes have been made to the services provided, the changes shall be detailed on the application. If changes have been made in the method of operation, including the standard lease, park regulations and ·operation policies, a current copy of the affected document(s) shall be supplied with the application.

SECTION 9. Transfer of License.

No mobile home park license issued hereunder may be assigned or transferred except with the approval of the Town Board.

SECTION 10. License Fees, Permit Fees and Certificates.

10.1 Mobile Home Park Fees and Other Charges

  1. The fee for an original license shall be determined by resolution of the Town Board and the Town Clerk shall maintain a schedule of this and any other fee set by the Town Board.
  2. The fee for the renewal license shall be determined by resolution of the Town Board and the Town Clerk shall maintain a schedule of this and any other fee set by the Town Board.
  3. The fee for a supplemental license shall be determined by resolution of the Town Board and the Town Clerk shall maintain a schedule of this and any other fee set by the Town Board.
  4. Should it become necessary for the Town to employ or otherwise utilize certified inspectors, licensed engineers or other experts to determine the validity of a complaint or whether a condition existing in the mobile home park at the time of an inspection complies with this Local law or other applicable Statutes, Local Laws or Regulations, the cost of such inspectors, engineers or experts shall be paid by the mobile horne park owner if the condition is confirmed by such expert as not in compliance or is otherwise defective.

10.2 - Permit Fee for placement of Mobile Home

The fee for obtaining a permit for the placement of a mobile home inside or outside a mobile horne park shall be as determined by resolution of the Town Board and the Town Clerk shall maintain a schedule of this and any other fee set by the Town Board.

10.3 - Certificates

The mobile horne may not be occupied, in whole or in part, until a Certificate of Compliance or a Temporary Certificate of Compliance is issued. A Temporary Certificate of Compliance may be issued after the Code Enforcement Officer is satisfied that the mobile home is safe for occupancy. Such Temporary Certificate of Occupancy may be issued for a period of not more than 180 days and may be extended for good cause shown. A permanent Certificate Compliance will be issued after all conditions and requirements of the permit have been completed to the satisfaction of the Code Enforcement Officer.

SECTION 11. Mobile Homes Outside Mobile Horne Parks.

11.1 - A mobile horne shall not be parked or otherwise placed nor shall an addition to an existing mobile home be constructed within the Town of Candor outside a licensed mobile home park except upon the securing of a permit therefor and upon the compliance with the following requirements:

  1. Lot Size

    Each mobile home must be placed on an individual lot of at least one (1) acre and at a minimum of 150 feet wide such width to be measured at the point of the mobile home which is closest to the nearest street and shall be measured on a line parallel to such street. The Town Planning Board may grant an exception, however, when an existing lot is of lesser size and there is no feasible way in which it can be enlarged, and in such case the Planning Board may likewise make an exception with respect to the lot width requirement and.to the setback requirement required under Subdivision 3 thereof, when observance of either or both of said requirements is either impossible or would impose undue hardship.
  2. Mobile Home Stand and Closure

    1. The mobile home stand shall be constructed of an appropriate non-porous material which is durable and adequate for the support of the maximum anticipated loads as specified by the manufacturer and/or NFPA 501A chapter 3 (1982 Edition).
    2. 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, Such skirting must be installed within 60 days after completion of utility hookups, so as to hide all wheels, chassis and other related accessories. under the home. The skirt shall be constructed of manufactured skirting material intended for skirting a mobile home, a vinyl siding material with a rigid backing, a material matching and equivalent to the mobile home siding, pressure treated wood or a commercial masonry facing system which shall be adequately framed. No skirt shall be required where a perimeter foundation is employed.
  3. Setback

    Each mobile home shall be set back at least seventyfive (75) feet from the center line of any street or road and ten (10) feet from any lot line.
  4. Health Standards

    The water and sewage systems for the mobile homes must meet the requirements of the New York State Department of Health, of any county law or regulation, and any law or ordinance of the Town of Candor with respect to the installation of individual household sewage systems.

11.2 Application for a permit under this section shall be made to the Town Clerk in writing, in duplicate, shall state the name and address of the applicant, shall locate and describe the lot on which a mobile home is proposed to be placed, and describe generally the proposed plan for water supply and sewage disposal. The Town Clerk shall promptly transmit one copy of the application to the Enforcement Officer who shall inspect the proposed site and determine whether or not the application meets the requirements of this section. When and if satisfied that such compliance has been or will be made, he shall endorse his approval on the application and shall thereupon issue the permit.

11.3 No travel trailer may be licensed or used as a permanent residence.

SECTION 12. Enforcement.

12.1 The Enforcement Officer may at any reasonable time inspect any mobile home park, or any mobile home being. placed under permit whether inside or outside a mobile home park, for the purpose of determining compliance with this Local Law. If he discovers any.violation, he shall direct its correction within a reasonable specified time. Failure to comply with such direction shall constitute a violation of this Local Law and subject the violator to the penalties herein provided.

12.2 The Enforcement Officer shall have the.power to issue an appearance ticket pursuant to section 150.20 of the Criminal Procedure Law, to serve a Summons, to serve and issue any orders or process in the administration bf the provisions of this Local Law. In addition, any police officer or inspector authorized by the municipality to assist in enforcement of this Local Law may serve any process, including an appearance ticket, a uniform appearance ticket and simplified information related to any proceeding either criminal or civil in nature undertaken in the enforcement of the provisions of this Local Law.

SECTION 13. APPEALS

13.1 Requests for an appeal from an Enforcement Officer's decision shall be made to the Town Planning Board. The Town Planning Board shall adopt regulations concerning the method for filing and processing such appeals and determining the fee to be charged for filing and processing. Such regulations shall be subject to review and approval by the Town Board prior to implementation.

13.2 Requests for an appeal from the Town Planning Board's decision shall be made to the Town Board. The Town Board shall by resolution adopt regulations concerning the method for filing and processing such appeals and shall by resolution determine the fee for such appeal and the Town Clerk shall maintain a schedule of this and any other fee set by the Town Board and shall also prepare and have available a written description of the appeal process.

SECTION 14. Exceptions.

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

  1. The business of mobile home or travel trailer sales, except that where units are used as living quarters, they shall conform with the applicable provisions of this Local Law.
  2. A mobile home located on the site of a construction project, survey project or other similar work project and 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 thirty (30) days after the completion of such project.
  3. A sectional house which is prefabricated in sections, transported to the building site, then fastened together and placed on a permanent and totally enclosed masonry foundation and which has a minimum width of eighteen (18) feet for its entire length and contains a minimum of eight hundred (800) square feet of usable living space.
  4. A mobile home and lot in existence and occupied at the effective date of this Local Law'and located outside a licensed mobile home park. However, any replacement of such mobile home must meet the following conditions:

    1. It must meet the requirements of section 3.2 (a) and 3.2 (b).
    2. It must meet the requirements of section 11.1 (b) (1),11.1 (b) (2) and 11.1 (d) (1).
    3. The original mobile home must not have been vacant for more than six months.
    4. The original mobile home lot must not have been vacant for more than six months.
    5. The replacement mobile home must not create a noncompliance nor worsen any previous noncompliance with this Local Law.
    6. A permit must be obtained and a Certificate of Compliance issued prior to the replacement mobile home being occupied.

14.2 Except as specifically required below, mobile home parks originally licensed under a previous Town of Candor Local Law or Ordinance shall not be required to comply'with the requirements of Section 4 hereof except subdivision 4.5 (b) thereof concerning mobile home replacements and new installations. such parks are to continue to comply with the requirements of the Local Law or Ordinance under which they were originally licensed. All mobile home parks regardless of when originally licensed shall comply with the requirements of sections 6, 7 and 8 of this Local Law.

SECTION 15. Penalties.

Failure to secure a required license or permit under this Local Law, or violation of any provision hereof, shall constitute an offense, punishable by a fine of not more than Five Hundred ($500.00) Dollars for the first offense, and of not more than Five Hundred ($500.00) Dollars for each subsequent offense. Each week a violation is continued shall be deemed a separate offense. In addition, any violation of the Local Law may be enjoined pursuant to law.

SECTION 16. Separability

If any provisions of this Local Law shall be adjudged invalid, such judgment shall not affect or impair the other provisions hereof.

SECTION 17. Effective Date.

This Local Law shall become effective August 1, 1994 and shall supersede all previous ordinances, local laws, or regulations affecting mobile home parks or mobile homes within the Town of Candor.