A.
Permits required. It shall be unlawful for any person
to construct, alter or extend any mobile home park within the limits
of Washington Township unless a valid permit has been issued by the
Pennsylvania Department of Environmental Protection in the name of
such person for the specific construction, alteration or extension
proposed, and also a plan approval and license by the Township of
Washington.
B.
Application to the Pennsylvania Department of Environmental
Protection. All applications for permits shall be made by the owner
of the mobile home park or his authorized representative to the Pennsylvania
Department of Environmental Protection in accordance with its rules
and regulations.
C.
Application to Township concerning mobile home parks.
Copies of the application submitted to the Pennsylvania Department
of Environmental Protection shall be concurrently filed with the Township
Manager. Such application shall be accompanied by a plan at a scale
not smaller than one inch equaling 40 feet and containing the following
information:
(1)
All information as required by the Pennsylvania Department
of Environmental Protection.
(2)
The name of the mobile home park.
(3)
The name and address of the owner of record and/or
applicant.
(4)
The name of the engineer, surveyor or other qualified
person preparing the plan.
(5)
North arrow, scale and date of plan preparation.
(6)
A location map.
(8)
Topography showing existing and proposed contours
at intervals of two feet or five feet, depending upon the slope of
the land.
(9)
The location of any existing bodies of water or watercourses,
floodplain areas, tree masses, buildings or structures, public facilities
and any other man-made or natural features within or near the proposed
mobile home park area.
(11)
Existing and proposed property, lot and boundary
lines, including building setback lines, and information concerning
lot dimensions, lot areas and the location of all utilities and easements.
(12)
The location and dimension of all mobile home
stands.
(13)
The location of all existing and proposed streets,
with information concerning pavement widths, types of paving and street
names.
(14)
Typical cross sections of all streets.
(15)
Street center-line profiles.
(16)
The location of all off-street parking areas.
(17)
The location and dimension of all pedestrian
ways and sidewalks.
(18)
The location of proposed recreation areas.
(19)
The location of all plantings and landscaping.
(20)
The location, dimensions and proposed use of
all service and accessory structures.
(21)
The location and type of all fire extinguishers
and waste containers.
(22)
The location of bench mark and datum used.
(23)
The location of proposed monuments and markers.
(24)
The engineer's or surveyor's seal with certification
that survey and plans are correct.
(25)
Block for review by the Planning Commission
and Erie County Planning Department.
(26)
Block for approval by the Township Council.
D.
Review of plans.
(1)
The procedures to be followed in reviewing proposed plans which have been submitted to the Township for approval shall be the same as those contained in § 119-9, Preapplication investigation, § 119-10, Sketch plan procedures, § 119-13, Preliminary plan procedures, and § 119-15, Final plan procedures, of this chapter.
(2)
At the time a final plan is approved, the Township
Council shall authorize the Township Zoning Officer to issue a permit
to the applicant.
E.
Plan review fees. Each application for a preliminary
plan approval shall be accompanied by a filing fee of $20, plus $2
per mobile home lot.
A.
License required. It shall be unlawful for any person
to operate any mobile home park within the limits of the Township
unless he holds a certificate of registration issued annually by the
Pennsylvania Department of Environmental Protection, and a license
of written approval issued annually by the Township.
B.
Renewal licenses. Annual licenses shall be issued
by the Township Zoning Officer upon the furnishing of proof by the
applicant that his park meets the standards prescribed by the Pennsylvania
Department of Environmental Protection and this chapter.
C.
Application to Township for annual license. Applications
for initial or renewal licenses to operate a mobile home park shall
be made, in writing, to the Township Zoning Officer using a form furnished
by the Township. All such applications shall be accompanied by a fee
of $25 and shall contain any change in the information submitted since
the original license was issued or latest renewal issued.
D.
Transfer of ownership. Every person holding a certificate
and/or license shall file a written notice to the Pennsylvania Department
of Environmental Protection and the Township Zoning Officer within
10 days after having sold, transferred, given away or otherwise disposed
of interest in or control of any mobile home park. If the certificate
of registration and/or license is transferred by the Pennsylvania
Department of Environmental Protection, proof of such transfer shall
be furnished to the Township Zoning Officer.
E.
Suspension. Whenever, upon inspection of any mobile
home park, it is determined that conditions or practices exist which
are in violation of any provisions of this chapter or of any regulations
adopted pursuant thereto, the Township Zoning Officer shall give written
notice to the person to whom the DEP certificate of registration and
Township license was issued, advising him that, unless such conditions
or practices are corrected within a reasonable period of time specified
in the notice, the license to operate in the Township shall be suspended.
At the end of such period, such mobile home park shall be inspected
and, if such conditions or practices have not been corrected and the
licensee has not requested a hearing, the Township Zoning Officer
shall suspend the license and give notice, in writing, of such suspension
to the person to whom the certificate and license is issued.
The Township Zoning Officer or other authorized
Township representative may inspect a mobile home park periodically
to determine compliance with this chapter. As a result of such inspection,
the Township Zoning Officer may give notice for any violations of
this chapter.
A.
Minimum park area and lot area, size, height and yard
requirements. A mobile home park shall have a gross area of at least
15 acres.
[Amended 2-7-2006 by Ord. No. 5-05]
B.
Site location. The location of all mobile home parks
shall comply with the following minimum requirements:
(1)
Free from adverse influence by swamps, marshes, garbage
or rubbish disposal areas or other potential breeding places for insects
or rodents;
(2)
Not subject to flooding; and
(3)
Not subject to any hazard or nuisance, such as excessive
noise, vibration, smoke, toxic matter, heat, odor, glare, etc.
C.
Stormwater management.[1]
(1)
The ground surface in all parts of a park shall be
graded and equipped to drain surface water in a safe, efficient manner.
Where necessary, storm sewers, culverts and related facilities shall
be provided to permit the unimpeded flow of natural watercourses and
ensure the adequate drainage of all locations within the park.
(2)
A drainage plan shall be prepared and submitted prior to the granting of a plan approval or license for any mobile home park (see § 119-32).
(3)
All stormwater facilities shall be kept completely
separate from any sanitary waste facilities.
D.
Soil and ground cover requirements.
(1)
Ground surfaces in all parts of every park shall be
paved, covered with stone or other acceptable material or planted
with a vegetative growth that is capable of preventing soil erosion
and the emanation of dust during dry weather.
(2)
Park grounds shall be maintained free of vegetative
growth which is poisonous or which may harbor rodents, insects or
other pests.
E.
Park areas for nonresidential uses.
(1)
No part of any park shall be used for nonresidential
purposes, except such uses that are required for direct servicing,
management or maintenance of the park and its residents.
(2)
Nothing contained in this section shall be deemed
as prohibiting the sale of a mobile home located on a mobile home
lot and connected to utilities.
F.
Screening. Mobile home parks shall provide a screen
planting (trees, shrubs) along the property boundary line separating
the park and adjacent uses.
G.
Placement of mobile homes.
(1)
An enclosure of compatible design and material shall
be erected around the entire base of each mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
(2)
All mobile homes shall be properly placed upon a mobile
home stand and securely fastened to the foundation.
H.
Park street system.
(1)
A safe and convenient vehicular access shall be provided
from abutting public streets or roads.
(2)
The entrance road or area connecting the park with
a public street or road shall have a minimum pavement width of 36
feet.
(3)
Other internal streets shall be as follows:
(a)
Where parking is permitted on both sides, a
minimum width of 36 feet will be required.
(b)
A minimum pavement width of 28 feet will be
required where parking is limited to one side.
(c)
A minimum pavement width of 25 feet will be
required if no on-street parking is allowed.
(d)
Dead-end streets shall be provided at the closed
end with a paved turnaround having an outside diameter of at least
60 feet.
(4)
Grades of all streets shall be at least 0.5% and not
more than 8.0%.
(5)
Intersections of more than two streets are prohibited.
(6)
Within 100 feet of an intersection, streets shall
be at approximately right angles. In no case shall streets intersect
at less than 75º.
(7)
If intersecting streets are not in alignment, a distance
of at least 125 feet shall be provided between the center line of
intersecting streets.
(9)
All streets shall be constructed in accordance with
Township specifications.
(10)
All streets within the park shall be privately
owned and maintained.
I.
Off-street parking areas. A paved off-street parking
space for two motor vehicles shall be provided at each mobile home
lot.
J.
Walks.
(1)
All mobile home parks shall be provided with pedestrian
walks on both sides of the street. Such walks shall be at least 3
1/2 feet in width.
(2)
All mobile home lots shall be connected to a pedestrian
walk with an individual walk at least two feet in width.
(3)
All pedestrian walks shall be constructed of a hard,
durable, all-weather material that can be easily maintained, in accordance
with Township specifications.
K.
Mobile home lots.
(1)
All lots shall abut and be accessible from a park
street.
(2)
Manufactured home lots within the park shall have
a minimum area of 8,000 square feet and minimum width of 70 feet frontage.
[Amended 2-7-2006 by Ord. No. 5-05]
(3)
The total number of lots in a park shall not exceed
an average density of four per acre.
[Amended 2-7-2006 by Ord. No. 5-05]
(4)
Each mobile home lot shall be improved to provide
a hard-surfaced mobile home stand and adequate frost-free foundation
for the placement of the mobile home unit.
A.
General. All mobile home parks shall be served with
a private community water supply system, and every mobile home, service
building and other accessory facilities shall use water from the system
exclusively. The plans for the private water supply and distribution
system must be approved by the Erie County Department of Health.
B.
Individual connections.
(1)
Individual water riser pipes having an inside diameter
of no less than 1/2 inch shall be provided on each mobile home stand
and shall terminate no less than four inches above the ground level.
(2)
Adequate provisions shall be made to prevent freezing
of service lines, valves and riser pipes and to protect risers from
heaving and thawing actions of ground during freezing weather.
(3)
A shutoff valve below the frost line shall be provided
near the water riser pipe on each mobile home lot.
A.
General. All mobile home parks shall be connected
to the public sewage system, if feasible, and every mobile home, service
building and other accessory facilities shall use the public sewage
system exclusively. All such proposed sewage disposal facilities shall
be approved by the Washington Township Water and Sewer Authority.
Should public hookup be unavailable or nonfeasible, then a private
sewage collection and treatment system must be provided and be approved
by the Erie County Department of Health.
A.
General. Every park shall contain an electrical wiring
system consisting of wiring, fixtures, equipment and appurtenances
which shall be installed and maintained in accordance with the local
electric power company's specifications regulating such systems.
B.
Power distribution lines.
(1)
All power lines shall be placed underground at least
18 inches below the ground surface and shall be insulated and specifically
designed for such installation. Such lines shall be located not less
than one foot in distance from any other utility lines, facility or
installation.
(2)
Meter poles shall have a maximum height of six feet.
C.
Individual electrical connections. Each mobile home
lot shall be provided with an approved disconnecting device and overcurrent
protective equipment. The minimum service per outlet shall be 120/240
volts AC, 100 amperes.
D.
Required grounding. All exposed non-current-carrying
metal parts of mobile homes and all other equipment shall be grounded
by means of an approved grounding conductor run with branch circuit
conductors or other approved method of grounded metallic wiring. The
neutral conductor shall not be used as an equipment ground for the
mobile home or other equipment.
A.
Applicability. Nonresidential uses, other than those
listed below, are prohibited from locating within mobile home parks.
The requirements of this section shall apply to the following park-related
structures:
C.
Structural requirements for buildings.
(1)
All portions of the structure shall be properly protected
from damage by ordinary uses and by decay, corrosion, termites and
other destructive elements. Exterior portions shall be of such materials
and be so constructed as to prevent entrance or penetration of moisture
and weather.
(2)
All rooms containing lavatory facilities shall:
(a)
Have sound-resistant walls extending to the
ceiling between male and female sanitary facilities. Walls and partitions
in lavatories and other plumbing fixtures shall be constructed of
dense, nonabsorbant, waterproof material or covered with moisture-resistant
materials.
(b)
Have at least one window or skylight facing
directly to the outdoors. The minimum aggregate gross area of windows
for each required room shall be not less than 10% of the floor area
served by them.
(c)
Have at least one window which can be easily
opened, or a mechanical device which will adequately ventilate the
room.
(3)
Toilets shall be located in separate compartments
equipped with self-closing doors.
The storage, collection and disposal of refuse
in the mobile home park shall be the responsibility of the mobile
home park owner or manager and shall be so conducted as to create
no health hazards, rodent harborage, insect breeding areas, accident
or fire hazards or air pollution and shall comply with all applicable
Township and state regulations.
Grounds, buildings and structures shall be maintained
free of insect and rodent harborage and infestation. Extermination
methods and other measures to control insects and rodents shall comply
with all applicable state regulations.
A.
Natural gas system.
(1)
Natural gas piping systems, when installed in mobile
home parks, shall be installed and maintained in conformity with the
specifications of the company serving the area.
(2)
Each mobile home lot provided with piped gas shall
have an approved shutoff valve installed upstream of the gas outlet.
The outlet shall be equipped with an approved cap to prevent accidental
discharge of gas when the outlet is not in use.
B.
Liquefied petroleum gas (LPG) systems. Liquefied petroleum
gas systems provided for mobile homes, service buildings and other
structures, when installed, shall be maintained in conformity with
any applicable rules and regulations and shall include the following:
(1)
Systems shall be provided with safety devices to relieve
excessive pressures and shall be arranged so that the discharge terminates
at a safe location.
(2)
Systems shall have at least one accessible means for
shutting off gas. Such means shall be located outside the mobile home
and shall be maintained in effective operating condition.
(3)
All LPG piping outside of the mobile homes shall be
well-supported and protected against mechanical injury. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
(4)
Vessels of more than 12 and less than 60 U.S. gallons'
gross capacity may be securely, but not permanently, fastened to prevent
accidental overturning.
(5)
No LPG vessel shall be stored or located inside or
beneath any storage cabinet, carport, mobile home or any other structure
unless such installations are specially approved by the authority
having jurisdiction.
C.
Fuel oil supply systems.
(1)
All fuel oil supply systems provided for mobile homes,
service buildings and other structures shall be installed and maintained
in conformity with any applicable rules and regulations.
(2)
All piping from outside fuel storage tanks or cylinders
to mobile homes shall be securely, but not permanently, fastened in
place.
(3)
All fuel oil supply systems provided for mobile homes,
service buildings and other structures shall have shutoff valves located
within five inches of storage tanks.
(4)
All fuel storage tanks or cylinders shall be securely
placed and shall not be less than five feet from any mobile home exit.
(5)
Storage tanks located in areas subject to traffic
shall be protected against physical damage.
A.
Local regulations. The mobile home park area shall
be subject to any local fire protection rules and regulations.
B.
Litter control. Mobile home park areas shall be kept
free of litter, rubbish and other flammable materials.
C.
Fire extinguishers. Portable fire extinguishers of
a type approved by the fire prevention authority shall be kept in
public service buildings under park control, and a sufficient number
shall be maintained throughout the park in readily accessible and
well-marked positions.
D.
Fire hydrants. Fire hydrants shall be installed if
the water supply source is capable to serve them. Fire hydrants, if
provided, shall be located within 600 feet of any mobile home, service
building or other structure in the park and shall meet the requirements
of the local fire protection agency.
A.
The management of the mobile home park shall operate
the park in compliance with this chapter and shall provide adequate
supervision to maintain the park, its facilities and equipment in
good repair and in a clean and sanitary condition. All interior park
streets shall be maintained and improved as necessary to avoid deterioration
and hazards to park residents and visitors. Snow removal and deicing
compounds shall also be provided by park management as necessary for
the health, safety and welfare of the park residents and visitors.
B.
The park management shall supervise the placement
of each mobile home on its lot in accordance with the standards of
this article.
C.
The park management shall give authorized Township
officers and state health officials free access to the mobile home
lots and other park facilities for the purpose of inspection.
D.
The park management shall maintain an up-to-date register
containing the names of all park occupants. Such register shall be
available to any authorized person inspecting the park. The management
shall notify the Township's Zoning Officer and Tax Collector, in accordance
with state and local taxation laws, on the arrival and departure of
each mobile home.
No mobile home, whether installed on a single
lot or in a mobile home park, shall be removed from the Township without
first obtaining a removal permit from the Township Tax Collector as
required by Act No. 54, 1969, of the Pennsylvania General Assembly.
Such permit shall be issued upon payment of a fee of $2 and real estate
taxes assessed against the home and unpaid at the time the permit
is requested.
A.
Notice. Whenever the Township Zoning Officer or other
authorized representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
chapter or of any regulation adopted pursuant thereto, such authority
shall give notice of such alleged violation to the person to whom
the permit, certificate or license was issued, as hereinafter provided.
Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time for the performance of any
act it requires;
(4)
Be served upon the owner or his agent, as the case
may require; provided, however, that such notice or order shall be
deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this state; and
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter or any
part thereof, and with the regulations adopted pursuant thereto.
B.
Hearing. Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter, or of any regulation adopted pursuant thereto, may request
and shall be granted a hearing on the matter before the Township Council,
provided that such person shall file in the office of the municipal
authority a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
notice was served. The filing of the request for a hearing shall operate
as a stay of the notice and the suspension. Upon receipt of such petition,
the Township Zoning Officer shall set a time and place for such hearing
and shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
why such notice should be modified or withdrawn. The hearing shall
be commenced not later than 10 days after the day on which the petition
was filed, provided that, upon application of the petitioner, the
Township Zoning Officer may postpone the date of the hearing for a
reasonable time beyond such ten-day period when, in his judgment,
the petitioner has submitted good and sufficient reasons for such
postponement.
C.
Findings and order. After such hearing, the Township Council shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice, which shall be served as provided in Subsection A(4). Upon failure to comply with an order sustaining or modifying a notice, the license of the mobile park affected by the order shall be revoked.
D.
Record; appeal. The proceedings at such a hearing,
including the findings and decision of Township Council, together
with a copy of every notice and order related thereto, shall be entered
as a matter of public record in the office of the Township, but the
transcript of the proceedings need not be transcribed unless judicial
review of the decision is sought as provided by this section. Any
person aggrieved by the decision of the Township Council may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of this commonwealth.
A.
Summary offense. Any person who violates any operation
or maintenance provision of this article shall be guilty of a summary
offense and, upon conviction, shall be required to pay a penalty for
the use of Washington Township in a sum not less than $25 nor more
than $300, together with the costs of prosecution, and, in default
of such payment, shall be imprisoned in county prison for a term not
to exceed 10 days. Each day during which any violation of this chapter
continues shall constitute a separate offense. The Township may also
bring any actions at law or equity to enforce the terms of this chapter
at its sole discretion.
B.
Revocation or suspension of license. Upon repeated
violations by the same licensee, his right to the issuance of a license
or to continued operation under a license may be suspended for a fixed
term or permanently revoked after notice and hearing by the Washington
Township Council, subject to the right of appeal to the Erie County
Court of Common Pleas.
