[Ord. 2-2000, 4/5/2000, § 111]
For purposes of this article, except where context clearly indicates
otherwise, the following words and phrases have the meanings indicated:
The legally designated health authority of Thornbury Township,
Delaware County, Pennsylvania.
Written approval, in whatever form, as issued by the Pennsylvania
Department of Environmental Protection, authorizing a person to operate
and maintain a mobile home park.
A transportable, single-family dwelling unit intended for
permanent occupancy, office or place of assembly contained in one
unit, or in two 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 constructed so that it is capable
of being used without a permanent foundation.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required local
standards.
The sewer connection consists of all pipes, fittings and
appurtenances from the drain outlet of the mobile home to the inlet
of the corresponding sewer riser pipe.
The sewer riser pipe is that portion of the sewer lateral
that extends vertically to the ground elevation and terminates at
each mobile home space.
The water connection consists of all pipes, fittings and
appurtenances from the water riser pipe to the water inlet pipe of
the distribution system within the mobile home.
The water riser pipe is that portion of the water service
pipe that extends vertically to the ground elevation and terminates
at a designated point at each mobile home lot.
The water service pipe consists of all pipes, fittings, valves
and appurtenances from the water main of the park distributing system
to the water outlet of the distribution system within the mobile home.
[Ord. 2-2000, 4/5/2000, § 112; as amended by Ord.
2-2003, 12/17/2003, § I]
1.
Permits Required for New, Alteration, or Extension of Mobile Home
Parks. It shall be unlawful for any person or entity to construct
a new mobile home park, or alter or extend any existing mobile home
park within the limits of Thornbury Township unless a valid permit
issued by the local or state health department in the name of such
person or entity for the specific construction, alteration, or extension
proposed, and also a permit issued by this Township.
2.
Application to Local or State Health Department. All applications
for permits shall be made by the owner of the mobile home park or
its authorized representative to the local or state health department.
All references in this chapter, regulation of mobile home parks, to
the Pennsylvania Department of Environmental Protection for the issuance
of permits is hereby changed to local or state health departments.
3.
Application to Thornbury Township. A copy of said Department of Environmental
Protection application shall be concurrently filed with the Thornbury
Township Secretary, and the applicant shall also submit an application
to the Thornbury Township Subdivision Coordinator, using a form furnished
by Thornbury Township for a permit to construct, alter or extend a
mobile home park in Thornbury Township.
4.
Inspection and Issuance of Permit. The application shall be reviewed
and acted upon in accordance with the requirements and procedures
set forth for land developments in this chapter. Within 30 days of
the issuance of final approval of the application, the Township Zoning
Officer shall, upon being furnished a copy of the permit issued by
the Pennsylvania Department of Environmental Protection to the applicant,
issue a mobile home park zoning permit to the applicant which shall
be valid for a period of one year from the date of issuance.
5.
Renewal Permits. Permits issued under Subsection 4 may be renewed for a like period by said officer upon being furnished proof by the applicant that his part continues to meet the standards prescribed by the Pennsylvania Department of Environmental Protection and this article. If at any time a renewal permit is not issued, this shall be treated as a denial of the original application for the permit.
6.
Building Permits. In addition to the mobile home park permit, there
shall be a permit required for the installation and separation of
each mobile home unit from its foundation or pad, in accordance with
the Thornbury Township Code of Ordinances.
7.
Fees. Each application for a new or renewal permit hereunder, and
each application for a permit for installation or separation of an
individual mobile home unit shall be accompanied by payment of the
fee prescribed in the Township's Schedule of Fees. In the event
that the Township is required to perform additional or unusual services
in connection with the application, the cost of such additional services
shall be borne by the applicant. Such charges shall be levied and
paid whether or not the application is approved.
[Ord. 2-2000, 4/5/2000, § 113]
1.
Department of Environmental Protection Permit. It shall be unlawful
for any person to operate any mobile home park within the limits of
Thornbury Township unless he holds a certificate of registration issued
annually by the Pennsylvania Department of Environmental Protection
in the name of such person for the specific mobile home park. Proof
of such registration shall be furnished to the Thornbury Township
Secretary no later than February 1 of each year.
2.
Transfer of Ownership. Every person holding a certificate shall file
notice in writing to the Pennsylvania Department of Environmental
Protection and the Thornbury Township Secretary 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
is transferred by the Pennsylvania Department of Environmental Protection,
proof of such transfer shall be furnished to the Thornbury Township
Secretary forthwith.
3.
Suspension. Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provision of this article for the issuance of a permit to construct a new mobile home park, or alter or extend an existing mobile home park, or of any other regulations adopted pursuant thereto, the Township Zoning Officer, Code Enforcement Officer and/or Engineer shall give notice in writing in accordance with § 22-1114, Subsection 1, hereof, and the Township Zoning Officer shall suspend the license and give notice in writing of such suspension to the person to whom the permit is issued.
[Ord. 2-2000, 4/5/2000, § 114]
1.
Inspections. A representative of Thornbury Township may inspect a
mobile home park constructed, altered or extended after the effective
date of this article in connection with the issuance of the original
permit or in connection with any renewal permit to be issued hereunder.
The Township Code Enforcement Officer shall have the right at any
reasonable time to inspect any mobile home park for violations of
this article or amendments thereto.
2.
Inspector. The Township Code Enforcement Officer is hereby designated
as the person to make such inspections. Another or additional inspectors
may also be authorized to make inspections at the discretion of the
Township of Thornbury.
[Ord. 2-2000, 4/5/2000, § 115]
1.
General Requirements. An adequate supply of water shall be provided
for mobile homes, service buildings, and other accessory facilities
as are required by this chapter. Where a public water supply system
of satisfactory quantity, quality and pressure is available, connection
shall be made thereto and its supply shall be used exclusively. Where
a satisfactory public water supply system is not available, the development
of a private water supply system shall be required and shall be approved
by the Pennsylvania Department of Environmental Protection or other
authorities having jurisdiction.
2.
Source of Supply.
A.
The water supply shall be capable of supplying adequate water for
domestic use under peak demand conditions.
B.
The well or suction line of the water supply system shall be located
and constructed in such a manner that neither underground nor surface
contamination will reach the water supply from any source.
C.
No well-casings, pumps, pumping machinery or suction pipes shall
be placed in any pit, room or space extending below ground level,
nor in any room or space above ground which is walled-in or otherwise
enclosed, unless such rooms, whether above or below ground, have free
drainage by gravity to the surface of the ground.
D.
Water supply treatment, if necessary, shall be in accordance with
the requirements of the Pennsylvania Department of Environmental Protection.
E.
The water supply must be tested quarterly to meet coliform, nitrate,
heavy metal, PCB, TCE and other toxic material requirements. After
sufficient experience, this requirement may be modified upon petition
to and approval by the Board of Supervisors.
3.
Water Storage Facilities. All water storage reservoirs shall be covered,
watertight and constructed of impervious material. Overflows and vents
of such reservoirs shall be effectively screened. Manholes shall be
constructed with overlapping covers, so as to prevent the entrance
of contaminated material. Reservoir overflow pipes shall discharge
through an acceptable air gap.
4.
Water Distribution System.
A.
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with state and local regulations.
B.
The water piping system shall not be connected with non-portable
or questionable water supplies and shall be protected against the
hazards of backflow or backsiphonage.
C.
The system shall be so designed and maintained as to provide a pressure
of not less than 20 pounds per square inch, under normal operating
conditions, at service buildings and other locations requiring potable
water supply.
5.
Individual Water-Riser Pipes and Connections.
A.
Individual water-riser pipes shall be located within the confined
area of the mobile home stand at a point where the water connection
will approximate a vertical position, thereby insuring the shortest
water connection possible and decreasing susceptibility to water pipe
freezing.
B.
The water-riser pipe shall have a minimum inside diameter of 1/2
inch and terminate at least four inches above the ground surface.
The water outlet shall be provided with a cap when a mobile home does
not occupy the lot.
C.
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. Surface drainage
shall be diverted from the location of the riser pipe.
D.
A shut-off valve below the frost line shall be provided near the
water-riser pipe on each mobile home lot. Underground stop-and-waste
valves are prohibited unless their type of manufacture and their method
of installation are approved by the Township Engineer.
[Ord. 2-2000, 4/5/2000, § 116]
1.
General Requirements. An adequate and safe sewage system shall be
provided in all parks for conveying and disposing of sewage from mobile
homes, service buildings and other accessory facilities. Such system
shall be designed, constructed and maintained in accordance with the
requirements of the Pennsylvania Department of Environmental Protection
and local health regulations.
2.
Individual Sewer Connections.
A.
Each mobile home lot shall be provided with at least a three-inch
diameter sewer riser pipe. The sewer riser pipe shall be so located
on each stand that the sewer connection to the mobile home drain outlet
will approximate a vertical position.
B.
The sewer connection shall have a minimum inside diameter of not
less than three inches, and the slope of any portion thereof shall
be at least 1/4 inch per foot. All joints shall be watertight.
C.
All materials used for sewer connections shall be semi-rigid, corrosive
resistant, nonabsorbent and durable. The inner surface shall be smooth.
D.
Provision shall be made for plugging the sewer riser pipe when a
mobile home does not occupy the lot. Surface drainage shall be diverted
away from the riser. The rim of the riser pipe shall extend at least
1/2 inch above the ground elevation.
3.
Sewer Lines. All sewer lines shall be located in trenches of sufficient
depth to be free of breakage from traffic or other movements and shall
be separated from water supply lines in accordance with regulations
set forth in the latest adopted edition of the BOCA Basic Plumbing
Code. All sewer lines shall be constructed of materials approved by
the Pennsylvania Department of Environmental Protection and shall
have watertight joints. A pressure test will be required before operational
approval and as such other times as considered desirable by the Township.
4.
Sewage Treatment and/or Discharge. Where the sewer lines of the mobile
home park are not connected to a public sewer, they shall be connected
to community (private) sewage treatment facilities which have been
designed, constructed and maintained in accordance with the requirements
of the Pennsylvania Department of Environmental Protection.
[Ord. 2-2000, 4/5/2000, § 117]
1.
General Requirements. 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.
2.
Power Distribution Lines.
A.
Main power lines must be located underground in accordance with Pennsylvania
Public Utility Commission Order of July 8, 1979, I.D. 99.
B.
All direct conductors or cable shall be buried at least 18 inches
below the ground surface and shall be insulated and specially designed
for the purpose. Such conductors shall be located not less than one-foot
radial distance from water, sewer, gas or communications lines.
3.
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.
4.
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 mobile homes
or other equipment.
[Ord. 2-2000, 4/5/2000, § 118]
2.
Structural Requirements for Buildings.
A.
All portions of the structure shall be properly protected from damage
by ordinary uses and decay, corrosion, termites and other destructive
elements. Exterior portions shall be of such materials and be so constructed
and protected as to prevent entrance or penetration of moisture and
weather. Construction and maintenance shall be performed in a manner
consistent with Thornbury Township and Commonwealth requirements.
B.
All rooms containing laundry facilities shall have:
(1)
Sound-resistant walls extending to the ceiling between male
and female sanitary facilities. Walls and partitions in lavatories
and other sanitary appurtenances shall be constructed of dense, non-absorbent,
waterproof material or covered with moisture resistant material.
(2)
At least one window or skylight facing directly to the outdoors.
The minimum aggregate area of windows for each required room shall
be not less than 10% of the floor area served by them.
(3)
At least one window which can be opened easily, or a mechanical
device which will adequately ventilate the room.
(4)
At least two exits.
C.
Toilets shall be located in separate compartments equipped with self-closing
doors.
[Ord. 2-2000, 4/5/2000, § 119]
The storage, collection and disposal of refuse in the mobile
home park shall be conducted so as to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards, or air
pollution and shall comply with the Pennsylvania Department of Environmental
Protection regulations governing mobile home parks.
[Ord. 2-2000, 4/5/2000, § 120]
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 conform to
the requirements of the Pennsylvania Department of Environmental Protection
regulations governing mobile home parks.
[Ord. 2-2000, 4/5/2000, § 121]
1.
Natural Gas System.
A.
Natural gas piping systems, when installed in mobile home parks,
shall be maintained in conformity with accepted engineering practices,
as determined by the Township Engineer.
B.
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.
2.
Liquefied Petroleum Gas Systems.
A.
Liquefied petroleum gas systems provided for mobile homes, service
buildings or other structures when installed shall be maintained in
conformity with the rules and regulations of the authority having
jurisdiction 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. 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.
3.
Fuel Oil Supply Systems.
A.
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall be installed and maintained in conformity
with the rules and regulations of the authority having jurisdiction.
B.
All piping from outside fuel storage tanks or cylinders to mobile
homes shall be securely, but not permanently, fastened in place.
C.
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall have shut-off valves located within five
inches of storage tanks.
D.
All fuel storage tanks or cylinders shall be securely placed and
shall not be less than five feet from any mobile home entrance or
exit.
E.
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
[Ord. 2-2000, 4/5/2000, § 122]
1.
Local Regulations. The mobile home park area shall be subject to
the rules and regulations of the Thornbury Township fire prevention
authority, where provided.
2.
Litter Control. Mobile home park areas shall be kept free of litter,
rubbish and other flammable materials.
3.
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.
4.
Fire Hydrants.
A.
Fire hydrants shall be installed and their water supply source must
be capable of serving the park in accordance with the following requirements:
(1)
The water supply source shall permit the operation of a minimum
of two 1 1/2 inch hose streams for a period of 30 minutes.
(2)
Each of two nozzles, held four feet above the ground, shall
deliver at least 75 gallons of water per minute at a flowing pressure
of at least 30 pounds per square inch at the highest point of the
park for a period of 30 minutes.
B.
Fire hydrants shall be located within 600 feet of any mobile home,
service building or other structure in the park and shall be installed
in accordance with Thornbury Township fire prevention authority specifications.
5.
Wind Protection. Each mobile home pad shall have tie down rings sufficiently
embedded in the pad so that a mobile home connected to said rings
can withstand a 75 mile per hour wind. Each mobile home installed
shall be attached to such rings.
[Ord. 2-2000, 4/5/2000, § 123]
1.
Responsibilities of the Park Management.
A.
The person to whom a license for a mobile home park is issued shall
operate the park in compliance with this article and shall provide
adequate supervision to maintain the park, its facilities and equipment
in good repair and in a clean and sanitary condition.
B.
The park management shall supervise the placement of each mobile
home in its mobile home lot that includes securing its stability and
installing all utility connections.
C.
The park management shall give the Sewage Enforcement Officer free
access to all mobile home lots, service buildings and other community
service facilities for the purpose of inspection.
D.
The park management shall maintain a 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 appropriate
officer and the Township Secretary, in accordance with state and local
taxation laws, of the arrival and departure of each mobile home.
2.
Hearing. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Township Zoning Hearing
Board; provided, that such person shall file in the Township office
a written petition requesting such hearing and setting forth a brief
statement on the grounds therefore 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 Hearing Board 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 Hearing Board may postpone the date of the hearing
for a reasonable time beyond such ten-day period, when in its judgment,
the petitioner has submitted good and sufficient reasons for such
postponement.
3.
Findings and Order. After such hearing the Township Zoning Hearing
Board 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. Upon failure to comply with any order sustaining
or modifying a notice, the license of the mobile home park affected
by the order shall be revoked.
4.
Record; Appeal. The proceedings at such hearing, including the findings
and decision of the Board, together with a copy of every notice and
order related thereto, shall be entered as a matter of public record
in the Township office, 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 Board may seek relief therefore in any court of competent jurisdiction,
as provided by the laws of this Commonwealth.
[Ord. 2-2000, 4/5/2000, § 124; as amended by Ord.
2-2005, 7/6/2005]
1.
Any person, partnership or corporation, who or which has violated
the provisions of this Part shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgement of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Township as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgement pursuant to the appropriate rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this Part 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 district justice,
and thereafter each day that a violation continues shall constitute
a separate violation. All judgments, costs and reasonable attorney
fees collected for the violation of this Part shall be paid over to
the Township.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
4.
District justices shall have initial jurisdiction over proceedings
brought under this section.
5.
Revocation or Suspension of Permit. Upon repeated violations by the same permittee, his right to the issuance of a permit, or to continued operation under a permit, may be suspended for a fixed term, or permanently revoked, after notice and hearing by the Township Zoning Hearing Board, as provided for in § 22-1113.
