TOWN OF LAMOINE
MOBILE HOME PARK ORDINANCE
SECTION II. Legislative
Authority
SECTION III. Validity and
Severability
SECTION V. Application
Procedure and Site Plan Content..
SECTION VI. Application,
Hearing and Enforcement Procedures
SECTION VII. Subject to
Subdivision Approval
SECTION VIII. Other
Requirements
8. Location over Aquifers or in the
Shoreland Zone
9. Compliance with Mobile Home Safety
Standards
SECTION X. Conformance with
Other Laws, Regulations
To promote the orderly
development of mobile home parks to insure the health, safety, and general
welfare of the residents of the park and the town of Lamoine.
A. This
ordinance is adopted pursuant to Home Rule Powers as provided for in Article
VII-A of the Maine Constitution and Title 30-A M.R.S.A., Section 3001.
B. This
ordinance shall be known as the Mobile Home Park Ordinance of the town of
Lamoine, adopted and effective by vote of the Town Meeting on
April 17, 1998
A. The
planning board of the town of Lamoine shall administer this ordinance.
B. No
person shall construct, develop, establish, expand or operate a mobile home
park without having first obtained a permit from the planning board. A permit shall be granted for a period of
one (1) year. If construction is not
initiated within the one (1) year period, the permit expires and the applicant
must reapply to the planning board for another permit. Each permit shall be issued only for the
site designated in the plans accompanying the application and shall not be
transferable or assignable to any other site.
1. Validity
and Severability
A. Should
any section or provision of this ordinance be declared by any court to be
invalid, such decision shall not affect the validity of any other section or
provision of the ordinance.
This ordinance shall apply
to all development proposals for new construction of mobile home parks and to
any expansion of existing mobile home parks.
All mobile home park
applications shall follow the submission requirements of Section 5 of the
Lamoine subdivision ordinance. The
following additional information shall also be submitted:
1. Current zoning of property
2.
A
soil erosion sediment control plan for construction and permanent control
3.
Statement
of applicant's financial and technical capabilities, as specified by the
Planning Board.
All application, hearing,
and enforcement procedures shall follow the requirements of the Building and
Land Use Code of the town of Lamoine as amended.
Review Requirements: All mobile home parks, including the
expansion of an existing park, shall require subdivision approval by the
Planning Board.
A. With
on-site sewage disposal within the park, the minimum individual unit size shall
be 12,000 square feet, provided that a community septic system, approved by the
Department of Human Services, is utilized and that the maximum residential
density in the park does not exceed one dwelling unit per 20,000 square feet of
buildable land. Where on-site sewage
disposal is located on each unit, the unit size shall be at least 20,000 square
feet.
A. Dimensions
for individual sites or lots are as follows:
1. Minimum
lot width: 50 feet
2. Minimum
Yard setbacks
a. Front: 10 feet
b. Rear: 15 feet
c. Side: 10 feet
An area equal to at least
10% of the combined area of all individual lots shall, in addition, be reserved
for playgrounds and other recreational facilities and open space.
Private streets in a mobile
home park shall comply with all applicable standards in the subdivision
ordinance, except that the minimum right-of-way shall be 23 feet, and with
appendix B of the “Rules of the Department of Professional and Financial
Regulation Manufactured Housing Board Rules and Regulations” relating to mobile
home parks (revised March 5, 1997) and any subsequent revisions.
A mobile home park shall
maintain a 25-foot buffer yard along all property lines, except where the
mobile home park abuts a residential use or development, where the minimum yard
shall be 50 feet. Buffer yards shall be
required only when the per-acre density of homes within the park is at least
two times greater than the residential density on immediately adjacent parcels
of land or if the parcels are undeveloped, the maximum net density permitted by
the ordinance. The buffer yard, which
may be included as part of the required open space, shall be sufficiently
landscaped or fenced to effectively screen the park from surrounding
properties.
A mobile home park shall
have a landscape plan which takes into consideration the relationship of
individual sites to one another, the proposed use of open space, the
relationship of the park to surrounding property and a specific planting
scheme. The plan shall include a
permanent landscape maintenance program.
In a mobile home park, each
individual unit shall be placed upon a permanent foundation and shall have a
skirting placed around its base to screen the base from view. Each unit shall be emplaced in accordance
with the Installation Standards specified in the State of Maine Manufactured
Housing Standards of the Manufactured Housing Board of March 1993 and any
subsequent amendments.
No mobile home park shall be located over significant sand and gravel
aquifers such being defined as those soils specified as glacial stream deposits
(Qg), raised beach deposits (Qb), and glacial till (Qt), in figure two of the “Sand and Gravel Aquifer Study of Lamoine
Maine” of November 1983 by Robert Gerber Inc. consulting Civil Engineers
and Geologists nor shall they be located in the Shoreland Zone.
All mobile homes located in a mobile home park shall meet the
applicable mobile home safety standards adopted by the town of Lamoine if
manufactured before June 15, 1976 or the standards of the National Manufactured
Housing Construction and Safety Standards Act of 1974, United States Code,
Title 42, Chapter 70 if manufactured after June 15, 1976. Mobile homes that are not certified by the
manufacturer to meet these standards shall be brought to conformance with these
standards subject to inspection and approval by the Code Enforcement Officer.
All mobile home parks are
subject to the same review criteria as are required for commercial and
industrial permits in Section 8.C. of the Lamoine Building and Land Use Code as
amended and section 12 of the Subdivision Ordainance.
The proposed mobile home
park shall be in conformance with all pertinent local, state, and federal
ordinances, statutes, laws, and regulations.
In the interpretation and
enforcement of this Ordinance, all words other than those specifically defined
in the Ordinance shall have the meaning implied by their context in the
Ordinance or their ordinarily accepted meaning.
The word "person"
includes a firm, association, organization, partnership, trust, company, or
corporation, as well as an individual or any other legal entity.
The present tense includes
the future tense, the singular number includes the plural, and the plural
numbers includes the singular.
The words "shall"
and "will" are mandatory, the word "may" is permissive.
The word "lot"
includes the words "plot" and "parcel".
The word
"building" includes the word "structure".
The word "used" or
"occupied", as applied to any land or building, shall be construed to
include the words "intended, arranged, or designed to be used or
occupied".
The words "Town"
or "municipality" mean the Town of Lamoine, Maine.
In this Ordinance the
following terms shall have the following meanings:
Abutter: The owner of any property with one or more common boundaries, or
across the street or stream from, the property involved in an application or
appeal.
Applicant: The person applying for a permit under this ordinance who
demonstrates legal standing or interest to apply by means of ownership,
authorized agent, or option, or purchase and sale agreement or the equivalent.
Buffer Yard: A part of a property or an entire property, which is not built
upon, is specifically intended to separate and screen and thus minimize the
effects of a land use activity (e.g. noise, dust, visibility, glare, etc.) on
adjacent properties or on sensitive natural resources.
Building: Any 3 dimensional enclosure by any building materials; any space for any use or occupancy,
temporary or permanent, including swimming pools, parking lots, foundations or
pilings in the ground and all parts of any kind of structure above ground
including decks, railings, dormers, and stairs, and excluding sidewalks,
fences, driveways, electrical transmission and distribution lines, and field or
garden walls or embankment retaining walls.
Code Enforcement Officer: A person appointed by the
municipal officers to administer and enforce this Ordinance.
Constructed: Built, erected, altered, reconstructed, emplaced, or any physical
operations on the premises which are required for construction. Excavation, fill, drainage, land clearance,
and the like, shall be considered a part of construction.
Density: The number of dwelling units per area of land.
Developed Area: Any area on which a site improvement or change is made, including
buildings, landscaping, parking areas, and roads or driveways.
Development: Any man-made changes to improved or unimproved real estate,
including but not limited to buildings, or other structures, mining, dredging,
filling, grading, paving, land clearance excavation, drilling operations.
Dimensional Requirements: Numerical standards relating to spatial relationships including
but not limited to setback, lot area, shore or road frontage and height.
District: A specified portion of the municipality, delineated on the
official land use district map, within which certain regulations and
requirements or various combinations thereof apply under the provisions of this
Ordinance.
Driveway: A vehicular access-way, serving two lots or less and providing
entrance to a public roadway or private street.
Landscaping: The addition or retention of lawns, fields, trees, plants, and
other natural and decorative features to the land. The preservation, care and maintenance of existing native
vegetation.
Lot: An area of land conforming to the Land Use Ordinance Lot
Standards in one ownership, or one leasehold, with ascertainable boundaries
established by deed or instrument of record, or a segment of land ownership
defined by lot boundary lines on a land subdivision plan duly approved by the
Planning Board and recorded in the County Registry of Deeds.
Lot Area: The total horizontal area within the lot lines, minus land below
the normal high water line of a water body or upland edge of a wetland and
areas beneath roads or driveways serving more than two lots.
Mobile Home: A structural unit or units designed for occupancy and constructed
in a manufacturing facility and transported, by the use of its own chassis to a
building site.
1. Those
units constructed after June 15, 1976, commonly called "newer mobile
homes," which the manufacturer certifies are constructed in compliance
with the United States Department of Housing and Urban Development standards,
meaning structures transportable in one or more sections, which in the
traveling mode are 14 body feet or more in width and are 750 or more square
feet, and which are built on a permanent chassis and designed to be used as
dwellings, with or without permanent foundations, when connected to the
required utilities including the plumbing, heating, air conditioning or
electrical systems contained in the unit;
2. Any
structure which meets all the requirements of this subparagraph, except the
size requirements and with respect to which the manufacturer voluntarily files
a certification required by the Secretary of the United States Department of
Housing and Urban Development and complies with the standards established under
the National Manufactured Housing Construction and Safety Standards Act of
1974, United States Code, Title 42, Section 5401, et seq.
Mobile Home Park: A parcel of land under unified ownership approved by the
municipality for the placement of 3 or more mobile homes.
Net Maximum Density: The ratio of principal structures allowed in relation to
available acreage.
Permanent Foundation: Shall mean one of the following:
1. A full,
poured concrete or masonry foundation;
2. A poured
concrete frost wall or a mortared masonry frost wall, with or without a
concrete floor;
3. A
reinforced, floating concrete pad for which the municipality may require an
engineer's certification if it is to be placed on soil with high frost
susceptibility; and
4. Any
foundation which, pursuant to the building code of the municipality, is permitted
for other types of single-family dwellings.
Right-of-Way: All public or private roads and streets, state and federal
highways, private ways (now called public easements), and public land
reservations for the purpose of public access,
including utility rights-of-way.
Setback: The minimum required horizontal distance from a lot line or other
feature to the nearest part of a building, including porches, steps, decks, and
railings.
Street: Public and private ways such as alleys, avenues, highways,
lanes, drives, runs, roads, and other rights-of-way, as well as areas on
subdivision plans designated as rights-of-way for vehicular access to three or
more units, other than driveways.
Subdivision: The division of a tract or parcel of land into three (3) or more
lots, or the placement of three or more dwelling units, within a five (5) year
period whether accomplished by sale, lease, development, buildings or otherwise
and as further defined in the Lamoine Subdivision Ordinance and the Maine State
Statutes, Title 30-A, MRSA, Section 4401, as amended.
Unit: An individual residential
dwelling within a mobile home park and the land area assigned to it.
Signature Page
April
23, 1998
The
attached ordinance entitled Mobile Home Park Ordinance is approved as of April
17, 1998 on an affirmative referendum vote by the Town of Lamoine.
Signed
this 23rd day of April, 1998
_____________________________
Richard
A. Davis, Sr.
_____________________________ The Lamoine Board of Selectmen
Arthur
Alley
_____________________________
Glenn
Crawford
Hancock,
ss State
of Maine
Personally
appeared before me the above named Richard A. Davis, Sr., Arthur Alley and
Glenn Crawford in their capacity as Selectmen of Lamoine an acknowledged their
signatures to be their free act an deed.
Before me this 23rd day of April, 1998:
____________________________________
Stuart Marckoon, Notary Public
My Commission expires June 10, 2000
Attest: A true copy
__________________________________
Barbara L. Bartosenski, Town
Clerk