[HISTORY: Adopted by the Borough Council of the Borough of
Girard as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-19-2009 by Ord. No. 703]
The official title of this article is the "Girard Borough Mobile
Home Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
A transportable, single-family dwelling containing a minimum
of 800 square feet of heated living area intended for permanent occupancy,
contained in one unit or in two or more units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations and designed
so that it may be used with or without a permanent foundation and
whether or not it is placed on a permanent foundation. A travel trailer
or motorized home, as defined herein, shall be construed as a mobile
home if occupied or connected with utilities.
All mobile homes and use thereof shall comply with the following
requirements:
A.
No mobile home shall be installed unless a permit is first obtained.
B.
No mobile home shall be installed unless so installed on masonry
or poured concrete footers.
C.
Each mobile home must have approved skirting around the entire perimeter
of the dwelling.
D.
Each mobile home shall have adequate tie-downs, able to withstand
a wind pressure of 15 pounds per square foot on an exposed vertical
surface. Either over-the-top and/or frame tie-downs shall be used.
The strapping for any over-the-top tie-downs shall be of 4,700 pounds'
tensile strength.
E.
Each mobile home must meet Borough setback requirements and shall
not be installed on a lot consisting of less than 1.5 acres of land.
More than one mobile home may be installed on a single lot only if
there is at least 1.5 acres of land for each mobile home so installed.
F.
Each mobile home shall be maintained in a state of good repair, suitable
for human habitation.
G.
Occupancy prior to issuance of a permit, inspection, and prior approval
shall constitute a violation of this article.
No mobile home, whether installed on a private lot or in a mobile
home park, shall be removed without first obtaining a permit from
the Girard Borough Tax Collector. Such permit shall be issued only
upon payment of taxes assessed against the home and unpaid at the
time the permit is requested.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this article shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not more than $500, plus
all court costs, including reasonable attorneys' fees, incurred by
the Borough as a result thereof. No judgment shall commence or be
imposed, levied or payable until the date of the determination of
violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Borough may enforce the
judgment pursuant to the applicable Rules of Civil Procedure. Each
day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating this article to have
believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day
following the date of the determination of a violation by the Magisterial
District Judge, and thereafter, each day that a violation continues
shall constitute a separate violation. These remedies are in addition
to all other remedies available under law or equity, including, but
in no way limited to, injunctive relief.
[Adopted 10-19-2009 by Ord. No. 705]
This article shall be known as the "Manufactured or Mobile Home
Park Ordinance of Girard Borough."
A.
General interpretation. Words not specifically defined in this section
shall be given their usual and customary definition.
B.
Terms defined in other laws. Terms not specifically defined in this
section but which are defined in other Borough ordinances shall be
interpreted according to such other established definitions. It is
not the intention of this article to establish new definitions for
terms expressly defined in other Borough ordinances, except as deemed
appropriate for this article.
C.
ADMINISTRATOR
AUTHORITY
HEALTH DEPARTMENT
HUD-CODE HOME
LICENSE
MANUFACTURED HOME
MANUFACTURED OR MOBILE HOME PARK
MANUFACTURED OR MOBILE HOME PARK LOT
MOBILE HOME
MODULAR HOME
PERSON
SERVICE BUILDING/COMMUNITY SERVICE FACILITY
SINGLE-WIDE HOME
SITE-BUILT/STICK-BUILT HOME
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
UNIFORM CONSTRUCTION CODE/CONSTRUCTION CODE
Defined terms. As used in this article, the following terms shall
have the meanings indicated:
That person designated as Girard Borough Manager by resolution
of the Council to administer and enforce this article and shall include
his or her designee(s).
That department of a political subdivision which owns and/or
operates public water, public sanitary sewer and/or public storm sewer
lines and facilities.
The Erie County Department of Health.
A manufactured or mobile home which is constructed in accordance
with standards set forth in Manufactured Home Construction and Safety
Standards, developed and administered by the United States Department
of Housing and Urban Development, as the same may in the future be
amended. This term shall be deemed included within a manufactured
or mobile home.
A written approval and authorization, in such form as is
adopted by resolution of the Girard Borough Council, authorizing a
person to operate and maintain a manufactured or mobile home park.
Any home that is built in a factory to the HUD Code and transported
on its own wheel, axle and/or chassis system and installed on a building
site, whether or not wheels and axles are removed during siting; shall
be deemed to include "mobile home" and all other equivalent terms,
especially when located within a manufactured or mobile home park.
A development or area under single ownership comprising at
least five contiguous areas of land where owners of manufactured homes
place their manufactured homes on rented land space or owners of land
place manufactured homes for rental of the home and space by others
for nontransient use.
A parcel of land within a manufactured or mobile home park,
constructed and installed with utility connections, off-street parking
area and other improvements or appurtenances required under applicable
laws, ordinances or regulations or desired by the lot owner or occupant,
for a single manufactured home and the exclusive use of its occupants.
Generally an outdated term since implementation of the HUD
Code, which refers to manufactured homes; shall be deemed incorporated
with the term "manufactured home."
A factory-built home designed to meet state or local building
codes, rather than the HUD Code, and transported for installation
on a building site.
Any individual, firm, partnership, corporation, trust, estate,
public or private association, limited-liability company or other
entity.
A building or structure housing operational, office, recreational,
park maintenance and/or other facilities built to serve a manufactured
or mobile home park and/or conform to required local standards.
A single-section manufactured or mobile home usually measuring
no wider than 12 feet or 14 feet and no longer than 70 feet.
A home erected at a building site using conventional means
of construction with few prefabricated components. When constructed
on a manufactured home lot by the lot owner or other person, it shall
be deemed a manufactured home for purposes of this article.
Chapter 370, Subdivision and Land Development, of the Code of the Borough of Girard.
The Pennsylvania Uniform Construction Code, as adopted by
ordinance of Girard Borough.[1]
A.
Application of article. The regulations of this article shall apply
generally to all manufactured or mobile home parks developed, constructed
and/or used in Girard Borough.
B.
General rule of application. Except as specifically set forth in this article, the regulations of this article shall not be deemed to modify, amend or alter substantive and procedural provisions of other federal and state laws and regulations and/or Girard Borough ordinances and resolutions, including but not limited to Chapter 370, Subdivision and Land Development, Chapter 360, Stormwater Management, Chapter 425, Zoning, and resolutions adopted by the Girard Borough Council which relate thereto, as now in effect and as may in the future be amended.
C.
Development and design regulations. Regulations governing land use, land development, design and standards for manufactured or mobile home parks, stormwater management and construction of required improvements as set forth in Chapter 425, Zoning, Chapter 370, Subdivision and Land Development, and Chapter 360, Stormwater Management, are not intended to be modified as to manufactured or mobile home parks and shall govern.
D.
Building and construction standards. Standards for construction of
manufactured modular and/or stock-built homes as established by the
United States Department of Housing and Urban Development and/or the
Uniform Construction Code shall govern, and this article is not intended
to amend or alter the same.
E.
Forms and documents. Except as may be specifically established in
this article, forms of the Borough which relate to subdivisions, land
developments, permits, zoning, construction and stormwater management
shall be as have been adopted in other ordinances or by resolution
of the Girard Borough Council. Forms generally are not prescribed
in this article so as to allow for adoption and amendment of forms
by resolution of the Girard Borough Council as it deems such documents
and revisions to be necessary or appropriate.
It shall be unlawful and a violation of this article for any
person to construct, develop, alter or extend any manufactured or
mobile home park in Girard Borough without first obtaining and maintaining
in full force and effect a permit issued by Girard Borough Council
through the administrator in the name of such person for the specific
development, construction, alteration or extension proposed.
A.
No permit to develop, construct, alter or extend a manufactured or
mobile home park shall be issued until the applicant first has obtained
all zoning, Construction Code, land development and stormwater management
plan, authority, Health Department and other required approvals and
has either constructed all required improvements or tendered to the
Borough financial security to ensure their proper construction.
B.
The application for permit shall be made in writing by the owner
on such form as is adopted by Girard Borough Council and shall be
submitted to the administrator.
C.
The application for permit shall be signed by the owner(s) and shall
set forth such information as the Council shall require, this to include,
at a minimum:
(1)
Name, address and telephone number of each owner;
(2)
Name, address and telephone number of the person who shall operate
the proposed park, if different than the owner;
(3)
Street address, Girard Borough index number and Erie County tax index
number for the subject property;
(4)
Size in acres of the subject property;
(5)
Number of lots proposed within the park;
(6)
Name, address and telephone number of applicant's engineer;
(7)
The date on which the application for land development for the park
was submitted and/or approved, as is applicable;
(8)
Detail as required for land developments and manufactured or mobile home parks under Chapter 370, Subdivision and Land Development;
(9)
If not otherwise provided, detail regarding proposed buildings, service
buildings and community service facilities proposed; location, height,
direction and intensity of outdoor lighting; location and size of
all home lots; and location of all screening and detail of height
and materials of construction; and
(10)
A time schedule for development of the park.
D.
Upon receipt of an application, supplements and payments of such
fee therefor as is established by the Girard Borough Council, the
administrator shall review the application to determine whether the
proposed park complies with regulations in all applicable ordinances.
If an application complies with all applicable ordinances, the administrator
shall issue a permit to the applicant, which shall be valid for a
term of one year.
(1)
No permit shall be issued where the subject land is not authorized under this article or Chapter 425, Zoning, of the Code of the Borough of Girard to be developed and used as a manufactured or mobile home park.
(2)
No permit shall be issued until all required land development and/or
subdivision plans have been approved, a stormwater management plan
for the development has been approved and the applicant has either
constructed all required improvements or tendered to Girard Borough
financial security required to ensure their construction.
(3)
If the development will involve construction which is subject to
the Uniform Construction Code, the applicant shall be obligated to
apply for and obtain all construction permits required under the ordinance
implementing that code. The permit required under this section is
not intended to pertain to the Construction Code.
(4)
If the applicant is unable to complete construction, alteration or
extension of the park by the end of the one-year term of the issued
permit and submits a written request for an extension of such permit,
the Girard Borough Council, upon good cause shown, shall have authority
to extend the term of the permit.
A.
License required. It shall be unlawful for any person to operate
a manufactured or mobile home park in Girard Borough unless he or
she holds a license issued annually by the Borough in the name of
such person(s) for the specified park. Proof of registration by the
Health Department shall be furnished to the administrator at the time
of application for a license or renewal license.
B.
Application. The application for license or renewal license shall
be made in writing by the owner on such form as is adopted by Girard
Borough Council and shall be submitted to the administrator.
C.
License fee. The applicant shall tender with an application for license
or renewal license payment of the fee therefor as is prescribed by
resolution of Girard Borough.
D.
License term. Each license shall be valid for a period of one year,
commencing July 1 and concluding the following June 30.
E.
Action on application. The administrator shall, upon receipt of an
application, issue a license or renewal license upon confirming that
the applicant and the park are in compliance with all regulations
in this article and other applicable laws and ordinances. If the administrator
determines that the applicant is not in compliance with a regulation,
the applicant shall be denied and the reason for denial stated in
writing and communicated to the applicant.
F.
Transfer of ownership. Each person holding a license shall file notice
in writing to the administrator within 10 days after having sold,
transferred or disposed of ownership and/or operational responsibility
for any manufactured or mobile home park. Such notice shall identify
the new owner or operator.
G.
Suspension. A license may be suspended in the discretion of the administrator
or Girard Borough Council if the owner or operator should fail to
remedy violations of this article within the time prescribed therefor
in an enforcement notice issued by the administrator. In the event
a license is suspended, the administrator shall issue to the licensee
written notice of the suspension, and such suspension shall remain
in effect until such time as all cited violations have been remedied.
The licensee shall be responsible for complying with all regulations
governing collection and disposition of municipal waste, recyclable
materials and leaf waste within the park as are established by Girard
Borough Council.
Grounds, buildings and structures within the park shall be maintained
free of insects and rodent harborage and infestation. Extermination
methods and other measures to control insects and rodents shall comply
with requirements of all applicable agencies.
Manufactured or mobile home park areas shall be kept free of
litter, rubbish and flammable materials.
Manufactured or mobile home parks and homes within parks shall
at all times comply with all regulations in the International Fire
Prevention Code and other applicable laws and regulations.
A.
Responsibilities of licensee.
(1)
The licensee for a manufactured or mobile home park shall at all
times operate and maintain the park in compliance with this article
and shall provide supervision adequate to maintain the park, its facilities
and equipment in good repair and in a clean and sanitary condition.
(2)
The licensee shall supervise the placement of each manufactured home
on its park lot, which includes securing its stability and installing
all utility, water and sewer connections.
(3)
The licensee shall ensure installation and continued service of water,
sewage disposal and utility services to the park and all lots within
it in accordance with requirements of applicable Borough ordinances.
(4)
The licensee at all times shall ensure that the park and all portions
of it (including all homes within the park) are used solely for residential
purposes, this not prohibiting those activities which are required
for the direct servicing and well-being of park residents and for
management and maintenance of the park.
(5)
The licensee at all times shall give the administrator free access
to the park and to all lots, service buildings and other community
service facilities for the purpose of inspection.
B.
Nothing in this article shall be deemed to prohibit the sale of a
manufactured home located on a park lot and connected to utilities.
C.
Unless properly zoned, no manufactured home sales lot or facility
shall be permitted within a park.
The Girard Borough Council is authorized to establish and, in
its discretion, amend fees for permits, licenses, inspections and
other services provided under and pursuant to this article and other
applicable ordinances.
The administrator, the Engineer and/or their designees are authorized
and instructed to conduct such investigations as they deem necessary
and appropriate in consideration of applications for permits and/or
licenses and to ensure compliance with this article and other applicable
ordinances.
In accordance with this article, as stated herein or as may
in the future be amended:
A.
Any person who fails to apply for and obtain a permit, license or renewal license required under §§ 259-9 and 259-10 of this article shall violate this article and, upon such determination, shall be obligated to pay an administrative fine of $200. If such administrative fine is not paid on or before the date set forth in the enforcement notice, a civil action shall be commenced, and a civil fine of $300 is prescribed upon a finding of violation.
B.
Any person who violates any other provision of this article shall
violate this article and, upon such determination, shall be obligated
to pay an administrative fine of $300. If such administrative fine
is not paid on or before the date set forth in the enforcement notice,
a civil action shall be commenced, and a civil fine of $500 is prescribed
upon a finding of violation.
C.
Each day a violation of this article occurs shall be deemed a separate
violation and shall subject the violator to a fine or penalty for
each day a violation continues.
D.
In the event a violation cited is not remedied and/or the administrative
fine imposed is not paid within 30 days, a person found in a civil
action instituted by the Borough to have violated this article shall
be subject to the civil fines as prescribed in this section for each
violation and for each day such violation(s) continue, plus all costs
and plus all attorneys' fees incurred by the Borough.
E.
In the event a person should fail to remedy a violation after receipt
of an enforcement notice, the administrator shall have authority to
issue a cease and desist order, which shall extend to directing that
construction activity or operations cease until such time as the cited
violations have been remedied.
F.
Upon repeated violations by the same licensee, the administrator
shall have authority to suspend an issued license for a defined period
of time or to permanently revoke an issued license after prior written
notice setting forth the effective date of such action and any action
said licensee must take to avoid such action.
G.
The Borough shall have authority to commence an action in the Court
of Common Pleas of Erie County to enjoin a violation or to secure
other equitable relief (including but not limited to compelling compliance
with regulations). In such event, a person found to have violated
this article shall, in addition to other relief, be obligated to pay
all costs, plus all attorneys' fees, incurred by the Borough.
