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HomeMy WebLinkAboutManufactured Housing and Travel Trailer Park Ordinance-1995Beaufort County Manufactured Housing and Travel Trailer Park Ordinance ® Mobile Home Parks 00 1® YILCS 0 3 6 9 DCM COPYS5 DCM COPY lease do not remove!!!!! - Division of Coastal Management zoo ® l _ 1® ® ® ® f I the preporalion of this mop cos financed in part (Arough a gronl provided Ay the North Carolino Coastal tlonagemenl r r Program, IArougqh l�ndq provided Ayy the Goaslal 4qe Ilaaagemenl Acf of 191/1, as omenaed ■hrch is odminisfered by the Office of Ocean and Coaslol Resource Yanogemenl, Nalionol Oceanic and Almospheric Adminislrolion. MANUFACTURED HOUSING AND TRAVEL TRAILER PARK ORDINANCE _ BEAUFORT COUNTY NORTH CAROLINA MANUFACTURED HOUSING AND TRAVEL TRAILER PARK ORDINANCE - - Prepared -for Beaufort County, North Carolina BOARD OF COMIVIISSIONERS Frank Bonner, Chairman Granville Lilley, Vice Chairman Alice Mills -Sadler Elsa Desrochers Gene Hodges Stan Deatherage Earl Tetterton Technical Assistance Provided By: The Mid -East Commission P.O. Box 1787 — Washington, NC 27889 Jane Daughtridge, Planning Director Rhoda Raymond Morris, Planner/GIS Technician Local Adoption Date: December 4, 1995 The preparation of this document was financed in part through a grant provided by the North Carolina Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. TABLE OF CONTENTS Pages ARTICLE I. AUTHORITY AND JURISDICTION __ _- _ _ ---- _ _-- Section 1. Authority 2 Section 2. Jurisdiction 2 Section 3. Title 2 ARTICLE II. DEFINITIONS Section 1. General 3 Section 2. Tense and Number 3 Section 3. Word Interpretations 3 Section 4. Definitions 4-5 ARTICLE III. MOBILE HOME REGISTRATION Section 1. Mobile Home Registration 6 ARTICLE IV. APPLICATION FOR MOBILE HOME OR TRAVEL TRAILER PARK CONSTRUCTION Section 1. Construction Permit 7 Section 2. Contents of the Plat 7-10 Section 3. Review of the Plat 11-12 Section 4. Plat Approval 12-13 Section 5. Issuance of Construction Permit and 14 Certificate of Compliance ' SPECIFICATIONS FOR MO BILE HOME PARKS ARTICLE V. ' Section I. General Requirements 15-1617 Section 2. Mobile Home Spaces 17-18 Section 3. Streets and Parking -18 18 20 18 ' Section 4. Utility Requirements • 20 Section 5. Miscellaneous Requirements 21 Section 6. Recreation Areas 21 Section 7. Management SPECIFICATIONS FOR TRAVEL TRAILER PARKS ARTICLE VI. ' Section I. Applicability 22 22-2323-24 Section Section 2. 3. Site Development Sanitary Facilities, Water Supply, Sewerage, ' Garbage Collection and Utilities ' ARTICLE VII. ADMINISTRATION Section 1. Existing Mobile Home and Travel Trailer Parks 25 ' Section 2. Zoned Areas 25 25 Section 3. Registration of Occupants 26 Section 4. Inspection ARTICLE VIII. LEGAL PROVISIONS Section I. Variances . 27 27 Section 2. Appeal to Board of Adjustment 27 Section 3. Amending the Ordinance - Who May Petition 27 Section Section 4. 5. Procedure Complaints Regarding Violations 28 Section 6. Penalties for Violation 28 28-29 Section 7. Loss of an Operating Permit 29 ' Section 8. Provisions of Ordinance Declared to be Minimum 29 Section 9. Separability Clause 29 Section 10. Effective Date BEAUFORT COUNTY AlANUFACTURED HOUSING AND TRAVEL TRAILER PARK ORDINANCE ENACTMENT: ------- - - --- AN ORDINANCE ESTABLISHING REGULATIONS FOR MANUFACTURED HOUSING AND TRAVEL TRAILER PARKS WITHIN THE COUNTY OF BEAUFORT, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF NORTH CAROLINA GENERAL STATUTES, CHAPTER 153A- ARTICLE 121, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT WHEREAS in order to promote the health, safety, morals and general welfare of the inhabitants of the County of Beaufort, North Carolina; to provide for planned manufactured home and travel trailer park development, it is desirable and necessary to adopt the Manufactured Housing and Travel Trailer Park Ordinance for the unincorporated areas of said county as hereinafter set forth. NOW THEREFORE BE IT ORDAINED BY THE COUNTY OF BEAUFORT, NORTH CAROLINA AS FOLLOWS: ARTICLE I SECTION 1 AUTHORITY The provisions of this ordinance are adopted under the authority granted by the General Assembly of North Carolina (153A-121). SECTION 2 TURISDICTI N The regulations set forth in this ordinance shall not be applicable within the incorporated areas of the County of Beaufort nor within the legally described extra territorial planning jurisdiction. Incorporated areas may request the County to enforce this ordinance within their jurisdiction by resolution. SECTION 3 TITLE This ordinance shall be known as The Manufactured Housing and Travel Trailer Park Ordinance for Beaufort County, North Carolina. ARTICLE H DEFINITIONS ' SECTION 1 GENERAL ' A. For the purpose of this ordinance certain terms or words used herein shall be interpreted as follows: ' ____-----------____-- A SECTION 2 TENSE AND NUMBER A. The present tense includes the future tense and the future tense includes the present tense. ' B. The singular number includes the plural number and the plural number includes the singular number. SECTION 3 WORD INTERPRETATIONS ' A. The word "may" is permissive. B. The words "shall" and "will" are mandatory. ' "County" C. The word shall mean the County of Beaufort, North Carolina. ' D. The words "Planning Board" shall mean the Beaufort County Commissioners acting as the Planning Board. E. The words "County Commissioners" shall mean the County Commissioners of Beaufort County, North Carolina. F. The words "Board of Adjustment" shall mean Beaufort County Commissioners acting as the Board of Adjustment. G. The word "person" includes firm, association, organization, partnership, trust, company, or corporation as well as an individual. ' H. The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied. 3 1 SECTION 4 DEFINITIONS A. Develop.. Any person, firm, trust, partnership, association, or corporation engaged in development or proposed development of a mobile home or travel trailer park. B. Enforcement Officer. The enforcement officer, as the term is used herein, shall be the Director of Planning for Beaufort County or his designated representative. In addition to the Director of Planning, the Director of Health or his designated representative also shall be considered enforcement officers for the purpose of enforcing all public health provisions of this ordinance and other applicable health codes adopted by the Beaufort County Board of Health. C. Manufactured Home. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbeds or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations including but not limited to location on jacks or other temporary or permanent foundations and connections to utilities in accordance with local codes and ordinances. The unit shall be registered or capable of being registered as a mobile home by the North Carolina Department of Motor Vehicles. For the purpose of this ordinance, manufactured home and mobile home are one and the same. Therefore, the terms may be used interchangeably. A travel trailer is not to be considered as a mobile home. D. Manufactured/Mobile Home Park. Any site or tract upon which two (2) or more lots are developed for Mobile Homes to be located, rented, or optioned for purchase and occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for the privilege of locating a mobile home upon the site or tract or for occupying any mobile home. E. Manufactured/Mobile Home Park. Minor. A Manufactured/Mobile Home site that does not involve any of the following: (1) the creation of more than the maximum number of lots, and (2) the usage of more than the maximum allowable acreage in site or tract size that is specifically permitted by ordinance as a minor manufactured/mobile home park. F. Manufactured/Mobile Home Park, Major. Any park not classified as a minor manufactured/mobile home park. G. Mobile Home Space. A plot of land within a mobile home park designed for the accommodation of one mobile home. n LI H. Mobile Home or Travel Trailer Park Construction Permit. A permit issued by ' the enforcement officer to a developer for construction of a mobile home or travel trailer park. ' I. Natural or Artificial Barrier. Any river, pond, canal, roadway, levee, embankment, fence, hedge, tree row, or similar obstruction which limits access and/or visibility. J. Additions. Any canopied, ied, enclosed porch or room or structure cano which is used in connection with a mobile home. A concrete slab, with no roof ' shallnot be considered a structural addition. K. Travel Trailer. A wheeled vehicular portable structure built on a chassis, ' designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet. This is also intended to include structures mounted on auto or truck bodies that are referred to as ' campers. L. Travel Trailer Park. Travel Trailer Park shall mean any site or tract of land ' upon which are located the minimum number of travel trailer spaces of land area required by this ordinance, regardless of whether or not a charge is made for ' such service. M. Travel Trailer Space. A plot of land within a travel trailer park designed for the ' accommodation of one (1) travel trailer. 1 1 ' 5 ARTICLE III MOBILE HOME REGISTRATION SECTION 1 MOBILE HOME REGISTRATI No persons shall place a mobile home in Beaufort County for the purpose of using said mobile home for occupancy without first having obtained a Mobile Home Building permit from the Beaufort County Inspections and Planning Department providing that the_,,_, mobile home meets the conditions as set forth under GS 153A-138. 0 In ARTICLE IV APPLICATION FOR MOBILE HOME OR ' TRAVEL TRAILER PARK CONSTRUCTION SECTION 1 CONSTRUCTION PERMIT No person shall construct a mobile home park or a travel trailer park or make any addition to an existing mobile home park or travel trailer park that either alters the number of sites for mobile homes or travel trailers within the park or affects the facilities required therein until first securing a permit authorizing such construction or addition. The construction or addition shall be in accordance with plans and specifications submitted with the application. The application for a mobile home park or travel trailer park construction permit shall ' be filed with the Beaufort County Inspections and Planning office at least 15 working days prior to the meeting of the Beaufort County Commissioners (the first Monday of each month). The application will be reviewed by the County Planner, County Commissioners, ' Building Inspector, Electrical Inspector, and the Beaufort County Health Department. All applications for a manufactured home or travel trailer park construction permit will be accompanied by ten (10) prints of a plat of the proposed park. SECTION 2 CONTENTS OF THE PARK PLAN Major Manufactured/Mobile Home Park ' The plat shall be drawn at a scale between fifty (50) and two hundred (200) feet to the inch and shall show the following: ' A. Title information shall include: 1. Name of park 2. Name, address, and telephone of owner(s) 3. Name of developer 4. Name of registered surveyor 5. Scale, Date, North arrow 6. Township, County, State 1 B. Total acreage, total number of mobile home spaces or lots ' C. Adjoining property owners D. Street names inside park E. Setback lines F. Roads in vicinity (access roads and adjacent roads), small scale location diagram showing all roads in the vicinity and the relationship of the site to major roads G. Dimensions and bearings of exterior property lines H. Land contours with vertical intervals of not more than two (2) feet may be required for all mobile home parks that have sufficient land area for twenty-five (25) spaces or more and for all travel trailer parks that have sufficient land area for fifty (50) spaces or more. I. Mobile home or travel trailer spaces well defined, including a number for each space. J. Surface water drainage plans and sedimentation and pollution control plans approved by the State of North Carolina, when required. K. All structures in the park site (present or proposed). L. Open space for recreation and any recreation facilities M. Method for surfacing roads within the park. N. Location and intensity of area lights, raiser diagrams and typical connections to mobile homes, or travel trailers or a statement indicating that the power companies will be responsible for design and installation of the electric system. O. Source of water and water distribution system approved by the Beaufort County Health Department. P. Sanitary sewerage. If a private sewerage collection and disposal system is used, plans and specifications approved by the Beaufort County Health Department must be submitted. If system is not connected to sewerage collection system, show location and size of septic tanks, trailers connected to each septic tank, layout of drain fields, date and result of soil tests. Q. Wooded areas, marshes, swamps, floodways and flood plains (as shown on the maps prepared by the Corps of Engineers for the Federal Flood Insurance Administration and as shown on the maps of any applicable flood hazard ordinance) and other conditions affecting the site. 8 1 R. Zoning classification(s) of the park site and adjoining properties, if applicable. S. Method of garbage disposal T. In the case of any park located wholly or partly within a flood plain or flood hazard area as such plain or area is designated in any applicable flood plain or flood hazard ordinance, the County Commissioners acting as the Planning Board may require evidence which in its judgement is satisfactory to show compliance with such ordinance. U. In the case of any park which is located wholly or partly within an "area of environmental concern" as such is designated in the County Land Use Plan and by the Coastal Resources Commission, the County Commissioners acting as the ' Planning Board may require evidence which in its judgement is satisfactory to show the issuance and compliance with any necessary permits. Any costs associated with demonstrating and maintaining compliance will be the responsibility of the developer. V. In the case of any park involving any facility, project of development, undertaking or development which may require a permit under any federal, state, ' or local laws or regulations, the Planning Board may require evidence which in its judgment is satisfactory to show the issuance of such permit or the exemption of such facility, project or development from the requirement for such permit. The costs associated with conforming to any federal, state, or local laws will be the responsibility of the developer. information by developer County W. Any other considered either the or the Commissioners acting as the Planning Board to be pertinent to the approval of the application including (1) an environmental impact statement if the proposed park or expansion of an existing park exceeds two (2) acres in area and if the Board deems it necessary due to the nature of the land to be developed or — peculiarities of the proposed layout, (2) advertising material to be used in selling lots or dwellings, and (3) design data and sale price ranges for any dwellings to be constructed. Any additional costs incurred from requests made by the County ' Commissioners will be the responsibility of the developer. 1 9 Minor Manufactured/Mobile Home Park Plan In an effort to simplify and condense the review process for small mobile home parks which will have little or no impact on the county development process, minor mobile home parks shall comply with the following: A. Not more than five (5) lots located in the site or tract. B. Site or tract size is three (3) acres or less. The contents of a minor manufactured/mobile home park plan shall be consistent with the requirements of a major manufactured/mobile home park plan. 10 ' SECTION 3 REVIEW OF THE PLAT ' Major Manufactured/Mobile Home Park The Enforcement Officer shall transmit the proposed park plan to the following: A. The Beaufort County Planner shall review the following to determine if the proposed park plan is in accordance with the design standards set forth in this ' ordinance: 1. Title information; ' 2. Small scale location map; 3. Dimensions and bearing of exterior property lines; 4. Roads in the vicinity; 5. Recreation areas; 6. Method of surfacing roads within the park; 7. Location of park; 8. Street and lot design; 9. Surface water drainage; 10. Coordinating the requirements of this ordinance with those of the Beaufort County Health Department. ' B. If the County Planner disapproves the proposed park plan, the reasons for such action and recommended changes shall be given to the park developer or his agent. C. After the County Planner has approved conditionally the proposed park plan, one (1) approved copy shall be sent to the Enforcement Officer and one (1) approved copy shall be given to the developer or his agent. The developer or his agent shall then seek approval of the proposed park plan from the following: 1. The District Highway Engineer of the NC State Highway Commission shall review the proposed park plan to determine if the proposed access conforms to the standards of the NC State Highway Commission. 2. Beaufort County Health Department - The Beaufort County Health Department shall review plans for manufactured housing and travel trailer parks as approved conditionally by the County Engineer. This agency shall be responsible for the review of the following -to determine if they are in accordance with the minimum health standards and regulations. a. Source of water and water distribution system; b. Sanitary sewerage system; c. Adequate lot size; 1 11 d. Location of wells for minimum pollution; and, e. Solid Waste Disposal 3. County Building Inspector - The County Building Inspector shall review the plans for mobile home and travel trailer parks to determine if the proposed ' electrical system is in accordance with electrical codes adopted by the Beaufort County Commissioners. In addition, the Building Inspector shall review buildings to be constructed in the park. 4. The Beaufort County Soil and Water Conservation District shall review the plan relative to drainage, erosion, and sedimentation control. D. Should any agency find deficiencies in the review of the plans of a proposed manufactured housing or travel trailer park, that agency shall notify the developer or his agent to allow him to correct such deficiences. Each agency shall notify the Enforcement Officer in writing, after reviewing the proposed park plan and shall give him a written statement of approval and disapproval. ' If disapproved, then the reasons, therefore, shall be stated. The County Engineer's recommendation shall. be submitted to the County Manager for final approval by the Board. Minor Manufactured/Mobile Home Park The review of a minor manufactured/mobile home plat lat shall be consistent with P the review requirements of a major manufactured/mobile home park plat. ' SECTION 4 PLAT APPROVAL Major Manufactured/Mobile Home Park A. The County -Planner shall present the proposed mobile home or travel trailer park plans along with his recommendations to the County Commissioners at their next meeting. ' B. The County Board of Commissioners shall approve, approve conditionally, or disapprove the plat. 1. If approved conditionally, the conditions and reasons thereof shall be stated, and the County Commissioners acting as the Planning Board ' may require the developer to submit a revised plan. 2. If the Planning Board should disapprove the plat, the reasons for such action shall be stated, and recommendations made on the basis of which the proposed development could be approved. 12 C. Approval of the plat is authorization for the developer to proceed with the construction of the mobile home or travel trailer park. D. Failure on the part of the County Commissioners to act within sixty (60) days after the plat is submitted to the Commissioners shall be deemed as approved. Minor Manufactured/Mobile Home Park A.. -The _ County -Planner. shall present the proposed minor mobile home or travel trailer park plans along with his recommendations to Beaufort County Environmental Health and Building Inspections Staff. B. Beaufort County Staff shall approve, approve conditionally, or disapprove the plat. 1. If approved conditionally, the conditions and reasons thereof shall be stated, and the County Staff may require the developer to submit a revised plan. 2. If the County Staff should disapprove the plan, the reasons for such actions shall be stated, and recommendations made on the basis of which the proposed development could be approved. C. Approval of the plat by County Staff is authorization for the developer to proceed with construction. 13 SECTION 5 ISSUANCE OF CONSTRUCTION PERMIT AND CERTIFICATE OF COMPLIANCE A. After approval of the plans for a mobile home park or travel trailer park by the Beaufort CountyCommissioners, the Enforcement Officer is authorized to issue a construction permit. The intent of this permit is to enable the execution of the plan in the field and shall not be construed to entitle the recipient to offer spaces for rent or lease, or to operate a mobile home park as defined in this ordinance. B. During this phase all field work shall be in accordance with the approved plans. It shall be the responsibility of the developer to inform the Building Inspector as to the progress of field work so that timely inspections may be made. C. If the construction of the park has not begun within twelve (12) months from the issue date of the Construction Permit, the Construction Permit shall become null and void. However, the Board of County Commissioners may grant an extension of the Construction Permit if the developer appears before the Board and shows cause. If cause is not shown, the developer must repeat all the required steps of procedure for securing approval as required by this ordinance. D. When the developer has completed the construction of the mobile home park or the designated stage, he shall apply to the Enforcement Officer for an operating permit. The Enforcement Officer and a representative of the Beaufort County Health Department shall make an on -site inspection of the park. 1. If the plan conforms to the park plan approved by the Board and other agencies, the Enforcement Officer shall issue the developer an operating permit, enabling operation of this park as defined in this ordinance. 2. If the plan fails to conform to the approved plan, the Enforcement Officer shall delay issuance of the operating permit until it comes into conformity. 3. When a park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for an operating permit may be made for each stage developed. 14 ' ARTICLE V SPECIFICATIONS FOR MOBELE HOME PARKS ' SECTION 1 (.ENERAL RE(?UIREMENTS A. A mobile home park must be greater than three acres in size. The only exemption to this rule of size is when not more than two mobile homes are located on the same lot. Two mobile homes on a single parcel can only be allowed if the spaces are self supporting with regard to water and septic systems, to be determined by the Beaufort County Environmental Health Department. B. A manufactured housing subdivision cannot be converted to a mobile home park, unless the proposed conversion meets the requirements of this ordinance and has ' receives board approval. C. No other living compartment other than a "Florida Room" or other prefabricated ' structure specifically designed for mobile home use or extension shall be added to any mobile home parked within the jurisdiction of this ordinance. Porches ' covered with a roof and open on three (3) sides may be permitted if yard space requirements of this ordinance are not violated and the 100 % repair area of the - septic system is maintained. ' D. Mobile home park identification signs shall not exceed thirty-two (32) square feet in area. Only indirect, nonflashing lighting shall be used for illumination. The ' top portion of any sign shall not exceed twelve (12) feet in height. E. The Board may require that the owner of the park shall provide and maintain a ' five foot wide buffer strip along any or all boundaries of the Mobile Home Park planted with living evergreen trees or shrubbery, or solid fencing at least five (5) -- feet in height. Such buffer shall be planted in such a manner as to be harmonious with the general character of the surrounding neighborhood. Such buffer shall be subject to final inspection of the Enforcement Officer. F. Within a mobile home park, one mobile home may be used as an administrative office. G. Convenience establishments of a commercial nature shall be limited to food stores, coin operated laundries, beauty parlors and barber shops. These may be permitted in mobile home parks subject to the following restrictions: 1. Such establishments shall be subordinate to the residential use and character of the park. 1 .15 7 ' 2. Such establishments shall present no visible evidence, including signage, of their commercial character from any portion of any residential district outside the park. 3. Such establishments shall be designed to serve the trade and service needs of the park residents only. 4. Such establishments shall be subject to Board approval; and ' S. Any conventional commercial establishments not shown on mobile home park plans shall have prior certified approval of all. applicable state and county agencies before a construction permit shall be issued for such establishments. H. The owner or operator of a mobile home park shall not sell mobile homes on or within a mobile home park unless the mobile home unit for sale shall be placed individually and separately upon an existing mobile home space where all design standards and utilities have been completed as specified by this ordinance. ' I. Any mobile home unit not bearing a label or seal of compliance of a recognized testing laboratory, such as Underwriter's Laboratories or similar testing service, shall be subject to inspection by the Building Inspector. A detached storage building or structure with a roof and enclosed on all sides may be allowed in the side or rear yard of a mobile home space, subject to the ' approval by the Beaufort County Environmental Health Department and the Enforcement Officer. Such structure shall not exceed two hundred (200) square feet in floor area, and shall be located in such a way as not to negatively affect the health, safety, and welfare of the mobile home park residents. Such structure may be constructed of factory fabricated transportable materials. K. Mobile homes connected with a fair, carnival or circus may be parked for the duration of the fair, carnival or circus, but not to exceed fifteen (15) days, provided that all sewage and solid waste is disposed of in a manner approved by the Beaufort County Health Department. 1 16 L SECTION 2 MOBILE HOME SPACES ' A. Minimum lot size is dependent upon the size of the septic system. The lot must be large enough to accomodate the water system, and both the septic system and the 100% repair area. The septic system must be 100 feet from a well used as ' the drinking water source for park residents. If a community or public water system is utilized, the water supply_ lines must be 10 feet from all parts of the septic system. All square foot requirements are subject to the approval of the County Environmental Health Department. B. Each mobile home space shall be located on ground not susceptible to flooding ' and graded so as to prevent any water from ponding or accumulating on the premises. C. Each mobile home space shall be clearly defined by means of concrete or iron pipe markers placed at all corners. D. There shall be at least twenty (20) feet clearance between mobile homes including mobile homes parked end to end. No mobile home shall be located closer than twenty (20) feet to any building within the park, fifteen (15) feet from ' any property line, and at least (20) feet from the edge of the right of way of any interior street and thrity (30) feet from the edge of the right of way of any ' publicly maintained street or road. E. The mobile home shall be provided with anchors and tie downs as required ty the ' Manufacturers Specifications of the North Carolina Department of Insurance. Each mobile home owner shall be responsible for securing his individual mobile home to anchors. SECTION 3 STREETS AND PARKING 1 A. Convenient access to each mobile home space shall be provided by streets or drives with a minimum right of way as required by the NC Department of Transportation for similar residental streets. A minimum road bed of twenty (20) ' feet shall be graded, drained and all weather surfaced, for automobile and emergency vehicle circulation within the park. Maintenance of such streets shall ' be provided by the owner or operator of the park or NCDOT. B. Permanent dead end streets and cul-de-sacs shall not exceed one thousand (1,000) feet in length and shall be provided with a turn around of at least one hundred feet in diameter. (100) 17 ' C. Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than sixty (60) degrees. Where a street intersects a public street ' or road, the design standards of the North Carolina State Highway Commission shall apply. Street jogs of less than one hundred and twenty-five (125) feet shall not be allowed. D. Proper sight line shall be maintained at all intersection of streets. Measured along the centerline, there shall be a clear sight triangle as required by the NCDOT for those intersecting a state right of way. All interior drives shall maintain a sight distance triangle of seventy-five (75) feet. No building or obstruction that impedes vision beyond the extent noted above shall be permitted ' in the area. ithe E. New street names shall not be duplicates and are subject to the requirements of Beaufort County Addressing Ordinance. F. All streets in the mobile home park shall be adequately illuminated from sunset until sunrise. The minimum street light shall be a 175 watt mercury vapor (approximately 7000 lumen class), or its equivalent, spaced at intervals of not more than three hundred (300) feet. G. A minimum of two (2) automobile parking spaces, all weather surfaced, shall be - provided adjacent to each mobile home space, but shall not be located within ' anypublic right of way or within any street in the park. ' H. All spaces within a mobile home park shall be numbered sequentially. Each lot will have a separate address number assigned. The address number of each lot must be clearly displayed so as to be legible from the road. The numbers must 1 be of a contrasting color to the background, as defined in the Beaufort County Addressing Ordinance. In the event of an amendment to the Addressing Ordinance, the strictest regulation will apply. 1 I. Where more than five (5) rural mail boxes are used for mail delivery, the approval of the local Post Office Department and the District Highway Engineer ' shall be required. ' SECTION 4 UTILITY REQUIREMENTS A. Water Systems 1. An accessible, adequate, safe and palatable supply of water shall be provided in each mobile home park. Where a municipal water supply is available, connection shall be made therto and its supply used exclusively. 1 18 1 2. When a municipal supply is not available, a community water supply shall be developed and its supply used exclusively in accordance with the ' standards of the Sanitary Engineering Division of the NC State Board of Health and the Beaufort County Health Department. Individual wells may be used and must comply with State standards and regulations. B. Sewage Systems 1. Adequate and safe sewage disposal facilities shall be provided in all mobile home parks. Collection systems and sewage treatment plants complying with the requirements of the NC Department of Water and Air Resources ' shall, be provided. Plans for sewage collection systems and treatement facilities shall be submitted to the North Carolina Department of Water and ' Air Resources. Individual septic tank systems can be considered if soil, are favorable. topography, and ground water conditions 2. Each mobile home space shall be provided with at least a four (4) inch diameter sewer riser pipe. The sewer riser pipe shall be located on each space that the sewer connection to the mobile home drain outlet will approximate a vertical position. 3. A 2' by 2' concrete apron shall be installed around all sewer connection riser pipes for support and protection. The sewer connection shall be 1 located a distance of at least one hundred (100) feet from a water supply relying on wells. A distance of only ten (10) feet is needed between the septic and water systems when the drinking water is drawn from a community or public water supply. ' 4. The sewer connection shall have a nominal inside diameter of at least four (4) inches, and the slope of any portion thereof shall be at least one-fourth (1/4) inch per foot. The sewer connection shall consist of one (1) pipe line only, without any branch fittings. All joints shall be watertight, including connection from trailer to sewer riser pipe. 5. All material used for sewer connection shall be semi -rigid, corrosion resistant, nonabsorbent, and durable. The inner surface shall be smooth. ' 6. Provision shall be made for plugging the sewer pipe, when a mobile home does not occupy a space. Surface drainage shall be diverted away from the Iground rise. The rim of the riser pipe shall extend at least four (4) inches above elevation. 19 IC. Solid Waste Disposal Systems ' 1. The storage, collection and disposal of solid waste in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or pollution. 2. For each lot, the minimum requirements will be two cans of at least 30 gallon capacity each, which are elevated at least one foot off the ground. All trash will be contained inside these two cans, or will be subject -to__ penalties and fines outlined at the end of this ordinance. ' SECTION 5 MISCELLANEOUS REQUIREMENTS A. All electrical connections shall meet the National Electrical Code. i B. Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestations. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the County Health Director. C. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. 1 D. Storage areas shall be so maintained as to prevent rodent harborage; lumber , pipe and other building material shall be stored at least one (1) foot above 1 ground. E. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. F. The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poision oak, poison sumac, and other noxious weeds and considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description. ' G. No inoperable motor vehicle shall remain in a mobile home park for a period longer than sixty (60) days. 20 SECTION 6 RECREATION AREAS A. Each mobile home park shall provide and maintain four hundred (400) square feet of recreation area for each mobile home space that is less than or equal to ten thousand (10 000) square feet in area. The minimum recreation area shall be at least twenty five hundred (2500) square feet. SECTION 7 MANAGEMENT A. In each mobile home park, the permittee or duly authorized attendant or caretaker shall be in charge at all times to keep the mobile home park, its facilities, and equipment in a clean, orderly, safe, and sanitary condition. 21 1 ARTICLE VI SPECIFICATIONS FOR TRAVEL TRAILER PARKS SECTION 1 APPLICABILITY ' The process for the approval of travel trailer parks is identical to that of mobile home parks. However, the design or site development standards differ. The design standards for ' travel trailer parks follow. SECTION 2 SITE DEVELOPMENT A. Eve travel trailer ark shall be at least fifteen (15) spaces. Every P ' B. There shall be a minimum distance of fifteen (15) feet between each travel trailer or structure. ' C. Parking spaces sufficient to accommodate at least one (1) motor and camping vehicle shall be constructed within each space. No more than one (1) camping vehicle may be parked on any space. D. All spaces developed adjacent to a public street shall be set back a minimum of forty (40) feet from the street right-of-way. E. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space. F. The park shall have all weather roads that directly abut each space. All road rights -of -way shall have a minimum width of twenty (20) feet. Rights -of -way for one way roads may have a minimum width of twelve (12) feet. In areas of ' heavy vehicle use, wider rights -of -way shall be required. G. No space shall have direct vehicular access into a public road. ' H. The park shall be developed with proper drainage ditches. All banks shall be sloped and seeded. I. Culs-de-sac or dead end roads shall not exceed one thousand (1,000) feet in length measured from the entrance to the center of the turnaround. Any road ' designed to be permanently closed shall have a turnaround at the closed end with a minimum right-of-way diameter of eighty (80) feet. ' J. When the park has more than one (1) direct access to a public road they shall not 1 22 I ' be less than three hundred (300) feet apart or closer than three hundred (300) feet to a public road intersection unless unusual site conditions demand otherwise. K. Eachpark k shall have a central structure or structures that will provide separate toilet facilities for both sexes. This structure may also contain coin operated ' machines for the park residents use only, provided there is no exterior advertising. Vending machines also may be permitted in a sheltered area. L. No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable regulations. No bathing area shall be used without the approval of the Beaufort County Health Department. M. Signs for identification .of parks shall not exceed four (4) feet by eight (8) feet ' at the entrance to the park. SECTION 3 SANITARY FACILITIES, WATER SUPPLY. SEWERAGE, GARBAGE COLLECTIONS AND UTII,ITIF,� ' A. Sanitary Facilities. 1. All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. They shall be safely and adequately lighted. Facilities shall be easily accessible and conveniently located. All toilet, shower, lavatory, and laundry ' room facilities shall be acceptable to the Beaufort County Health Department and shall be in conformity with all Beaufort County codes. ' 2. All buildings shall be constructed in accordance with the building codes of the county. B. Water Supply - A safe, adequate, and conveniently located water supply must be provided for each park. No water supply shall be installed, altered, or used without the approval of the Beaufort County Health Department. C. Sewage Disposal. ' 1. Sewage dumping stations shall be approved by the Beaufort County Health Department. Each park shall provide at least one (1) sewage dumping station. 23 I= E 2. No method of sewage disposal shall be installed, altered, or used without the approval of the Beaufort County Health Department. All sewage wastes from each park, including wastes from toilets, showers, bathtubs, lavatories, wash basins, sinks, and water -using appliances not herein mentioned, shall be piped into the park's sewage disposal system or systems. D. Garbage and Refuse Disposal. 1. The park owner is responsible-, -for refuse collection._All refuse shall be collected at .least twice weekly or more if the need is indicated. 2. Storage, collection, and disposal of refuse shall be so managed as not to create health hazards, rodent harborage, insect -breeding areas, accidents, fire hazards, or air pollution. E. Where electrical service is used, the installation and use of such facilities shall conform with all applicable codes. Such facilities shall be inspected by the county electrical inspector. F. Each park shall provide recreation areas to serve the needs of the anticipated users. One half (1h) acre of level well -drained ground for every fifteen (15) spaces shall be utilized as a recreation area. The park owner is responsible for the development and maintenance of the recreation areas. G. It shall be unlawful for a person to park or store a mobile home in a travel trailer park. However, one (1) mobile may be allowed within a travel trailer park to be used as an office or residence of persons responsible for the operation and maintenance of the travel trailer park. 24 ARTICLE VII ADNIINISTRATION ' SECTION 1 EXISTING MOBILE HOME AND TRAVEL TRAILER PARKS Existing mobile home parks which provide mobile home spaces having a width or area less than that herein above described, may continue to operate with spaces of existing width and area, but in no event shall any such nonconforming mobile home parks be allowed to expand unless such extension meets the requirements of this ordinance. All structural additions to mobile homes other than those which are built into the unit and designed to fold out or extend from it shall be erected only after a building permit shall have been obtained. Such additions shall conform to the building code of the county, where applicable, or shall meet the standards of special regulations adopted with respect to such additions. The building permit shall specify whether such structural additions may remain ' permanently, must be removed when the mobile home is removed, or must be removed within a specified length of time after the mobile home is removed. Structural alterations existing at the time of passage of this ordinance shall be removed within thirty (30) days ' after the mobile home which they serve is moved unless attached to another mobile home on the same site within that period. ' SECTION 2 ZONED AREAS. ' In areas of the County where a Zoning Ordinance is in effect, mobile home parks shall be permitted only in conformance with the regulations of the zoned district in which they are located. SECTION 3 REGISTRATION OF OCCUPANTS A. Every mobile home park owner or operator shall maintain an accurate register containing a record of all cocupants and owners of mobile homes in the park. The register shall be available for inspection at -all times by authorized county representatives. The register shall contain the following information and shall be retained by the mobile home park owner or operator for a period of one (1) year from the time occupancy ceases. ' 1. Name of owner or occupant 2. Mobile home space number ' 3. Make, model and registration number of mobile homes 4. Date when occupancy within the mobile home park begins and date when occupancy within the park ceases 25 ISECTION 4 INSPECTION ' A. The Beaufort County Health Department, (the Beaufort County Building Inspector) and/or the Enforcement Officer are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with ' this Ordinance. It shall be the duty of the owners,or occupants of mobile home parks to give these agencies free access to such premises at reasonable times for the purposes of inspection. B. The person to whom an operating permit for a mobile home park is issued shall operate the park in compliance with this Ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition. C. The park owner or operator shall notify park occupants of all applicable provisions of the Ordinance and inform them of their duties and responsibilities ' under this Ordinance. W. ARTICLE VIII LEGAL PROVISIONS ' SECTION 1 VARIANCES ' Where strict adherence to the provisons of the Ordinance would cause unnecessary hardship of topographical or other conditions peculiar to the site, the Beaufort County Commissioners may authorize a variance, if such variance can be made without destroying the intent of the Ordinance. Any variance thus authorized hall be entered in the Minutes of the County Commissioners and the reasoning on which the departure was justified shall be set forth. SECT ION 2 APPEAL TO BOARD OF ADJUSTMENT ' The Beaufort County Board of Adjustment shall hear and decide appeals from and review any orders, requirements, decisions, or determination made by the Enforcement Officer charged with enforcement of this ordinance. The powers, duties, and procedures ' shall be in accordance with the provisions of North Carolina General Statutes 153A-345. An appeal from the decision of the Board of Adjustment may be made to the Beaufort ' County Superior Court. ' SECTION 3 AMENDING THE ORDINANCE - WHO MAY PETITION A petition for an amendment of this ordinance may be initiated by the Board of ' County Commissioners, the Planning Board, any department or agency of the County, or any citizen, within the jurisdiction of the County of Beaufort. SECTION 4 PROCEDURE ' A. The Planning Board shall consider and make recommendations to the County Commissioners concerning each proposed amendment. ' B. No amendment shall be adopted by the County Commissioners until after public notice and hearing. Before taking such lawful action as it may deem advisable, the County Commissioners shall consider the Planning Board recommendation ' on each proposed amendment. If no recommendation is received from the Planning Board within forty-five (45) days after the public hearing, the proposed amendment shall be deemed to have been approved by the Planning Board. 1 27 1 SECTION 5 COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building inspector. The building inspector shall, record properly such complaint, immediately investigate, and take action thereon as provided by the ordinance. SECTION 6 PENALTIES FOR VIOLATION Authority for the enforcement of this ordinance is provided under GS 153A-123. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $50.00 or imprisoned for no more than thirty (30) days per offense. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the County of Beaufort from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 7 LOSS OF AN OPERATING PERMIT Any mobile home or travel trailer park that is found to be in violation of this ' ordinance will cease entering into new leases and shall cease park operations at the end of the rental period, but no later than the end of a forty (40) day grace period beginning from the date notice was given of permit violation. The owner and operator of the park shall be ' jointly and severally liable to existing tenants for fulfillment of contractual obligations unless the violation is due to an act or condition beyond their control. Unless an inspection shows the violation to have been corrected before the end of the forty (40) day grace period, the permit for all spaces shall be revoked. Once the forty (40) day grace period has ended, if the owner has not corrected the violation he shall be required to re -submit his mobile home park plan in compliance with this ordinance in order to get an operating permit. Upon the revocation of the operating license all leases shall be deemed automatically terminated and the park owner or operator may only collect rent due for any preceding month or portion thereof and in no event shall the owner or operator keep or collect a larger percentage of the entire rent for the entire lease term than would be due on, the basis of actual occupancy time as a percentage of the entire lease term. Tenants shall be notified by 28 I certified mail within three (3) days of the termination of their leases on account of the revocation of the operating permit and their right to have thirty (30) days with no rent liability for such period to remove their mobile homes, travel trailers and property from the park. Once the operating permit is revoked the owner or operator of the park shall continue for thirty (30) days to perform services at the park deemed necessary by the Enforcement Officer and the County Health Department for the health and safety of the tenants, and the tenants shall be given thirty (30) days after the date of revocation of the permit to remove their mobile homes, travel trailers and property from the park, and the tenants shall not be liable for rent on account of such thirty (30) day period. SECTION 8 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS The provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted regulations the most restrictive or that imposing the higher standards, shall govern. SECTION 9 SEPARABILITY CLAUSE ' Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 10 EFFECTIVE DATE ' This ordinance shall take effect and be in force from and after its passage b the P Y Beaufort County Board of Commissioners this the 4th day of December, 1995. 29