[Added 12-11-1984 by Ord. No. 76-1984; amended 3-21-1988 by Ord. No. 97-1988]
This article shall be known and may be cited
as the "East Bradford Township Mobile Home Park Ordinance."
A.
The singular shall include the plural, and the plural
shall include the singular. The past tense shall include the future
tense. The word "shall" is always mandatory. Where a word is not defined
in this article, the definitions contained in the East Bradford Township
Zoning and/or the East Bradford Township Subdivision and Land Development
Ordinances shall prevail.[1]
A.
An application for development of a lot or parcel
of land for mobile home park purpose shall be made to the Board of
Supervisors and approved, or approved as modified, before any zoning
permit for such use shall issue.
C.
In addition to the requirements contained in Article IV of Chapter 95, Subdivision and Land Development, an application for preliminary for final approval of a mobile home park shall indicate, by drawings, diagram, maps, text, affidavit or other legal instrument, the following:
(1)
That the parcel or lot for which application is made
is held in single and separate ownership.
(2)
The placement, location and number of mobile home
lots and mobile home pads on a layout map of the parcel at a scale
of one inch equals 40 feet.
(3)
The location and dimension of all driveways, pedestrianways,
sidewalks and access roads, with a notation as to the type of impervious
cover.
(4)
The location and dimension of all parking facilities.
(5)
The locale, dimension and arrangement of all areas
to be devoted to lawns, buffer strips, screen planting and recreation.
(6)
The location and dimension of all buildings existing
or proposed to be built and all existing trees of over six-inch caliper.
(7)
Proposed provisions for handling of street and on-site
lighting and electrical supply.
A.
The area and bulk regulations set forth in § 115-23C for mobile home parks in the R-4 District shall apply.
B.
Area and density regulations.
(1)
A mobile home park shall have a lot area of not less
than eight acres.
(2)
No mobile home, office or service building shall be
closer to a public street right-of-way line than 50 feet, nor closer
to the edge of an interior street than 25 feet, nor closer to an adjacent
property than 75 feet.
(3)
There shall be no more than four mobile homes per
acre of lot area of the tract to be developed as a mobile home park.
(4)
No point of any part of a mobile home shall be closer
than 25 feet from any other mobile home or accessory building.
(5)
At least 20% of the remaining gross area of each mobile
home park, after subtraction of required buffer areas, shall be set
aside as open space for the use and enjoyment of the residents of
the mobile home park. The open space shall be free of structures except
for those designed for recreational purposes.
[Amended 11-8-2005 by Ord. No. 9-2005]
(6)
Any mobile home lot shall have a minimum area of 6,000
square feet and a minimum width of 50 feet.
(7)
The total area of impervious surface within a mobile
home park shall be no more than 35% of the gross acreage of the tract.
C.
Park street system.
(1)
The entrance road or area connecting the park with
a public street or road shall have a minimum pavement width of 34
feet, for a depth of at least 100 feet from the public street or road.
(2)
Illumination of streets. All mobile home parks shall
be furnished with lighting fixtures so spaced and so equipped with
luminaries as will provide adequate levels of illumination throughout
the park for the safe movement of vehicles and pedestrians at night.
Lighting fixtures shall be designed or shielded to eliminate direct
illumination upon mobile homes and shall not create glare upon pedestrian
or vehicular traffic lanes.
(3)
Preservation of sight lines. No structure, fence,
tree, shrub or other planting shall be maintained between a line two
feet above the street level and a plane seven feet above the street
level so as to interfere with traffic visibility across the corner
within the triangle bounded by the intersecting street lines and a
straight line drawn between points on each street 25 feet from the
intersection of said street lines.
(5)
Parking. On-street parking is prohibited on streets
with a cartway width of less than 24 feet. Where cartway width is
at least 24 feet, parking shall be permitted on one side of the street
only.
D.
Off-street parking areas and walks.
(1)
Off-street parking for at least two motor vehicles
shall be provided at each mobile home site. Each parking space shall
be accessible from the street and shall be at least 9 1/2 feet
by 20 feet and shall be of either gravel or macadam construction,
which shall be specified in the plan. Off-site common parking areas
may be provided in lieu of parking spaces at each mobile home site;
but, in such case, parking shall be provided at the rate of two spaces
for each mobile home site not equipped with two parking spaces.
(2)
Additional parking spaces for vehicles of nonresidents
shall be provided in centralized parking lots at the rate of one space
per each mobile home.
(3)
All mobile home parks shall provide safe, convenient,
all-season pedestrian walkways of adequate width for their intended
use, durable and convenient to maintain, between the park streets
and all community facilities provided for park residents.
(a)
All mobile home sites shall be connected to
common walks and to streets or to driveways connecting to a paved
street. Each such walk shall have a minimum width of 3 1/2 feet.
F.
Water supply. All mobile home parks shall be required
to connect to the existing public water supply system in East Bradford
Township, and the water mains installed within the mobile home parks
shall provide for fire hydrants in accordance with the specifications
of the Insurance Services Office.
H.
Utility distribution system. All utilities shall be
installed and maintained in accordance with utility company specifications
regulating such systems and shall be underground.
I.
Open space areas and buffers.
[Amended 11-8-2005 by Ord. No. 9-2005]
(1)
Standards for location and management.
(a)
Open space areas shall be located and designed
in areas contiguous to residential areas and easily accessible to
residents and shall preserve natural features. Open space areas should
include both active recreation areas, which may include but not necessarily
be limited to such uses as playing fields, tennis courts, swimming
pools, etc., for all age groups and, particularly where the site includes
a watercourse or hilly or wooded areas, land which is left in its
natural state.
(b)
At least 25% of the open space areas shall be
located in an area not subject to flooding and which is usable for
active recreation. No such active recreational open space areas shall
be less than 1/4 acre in size.
(2)
Buffers.
(a)
Buffered setbacks shall consist of a visual
screen of mixed evergreen and deciduous plant material of varying
species. At the time of planting, a sufficient amount of evergreen
material to visually screen the property shall be at least five feet
in height, after planting, and the remainder of plantings may be of
varying lesser heights.
(b)
The plantings shall be maintained permanently
and replaced within one year in the event of death of any plant material.
Plantings shall not be placed closer than three feet from any property
line.
(c)
All existing deciduous and evergreen trees above
two inches in caliper and/or six feet in height shall be preserved
in the buffer areas, except where clearance is required to ensure
sight distance.
(d)
Generally, a minimum of 35% of plant material
shall be evergreen and 10% flowering material.
J.
Service buildings and facilities.
(1)
Where a service building is provided, it must contain
a toilet and lavatory for each sex and storage areas for occupants
of the park. In addition, the applicant may provide laundry facilities,
management office, repair shop, indoor recreational facilities and/or
commercial uses to supply essential goods and services to park residents
only. It is also recommended that the applicant provide sheltered
waiting areas for transportation and a mailbox for residents.
(2)
Construction requirements and maintenance. Construction
of service buildings shall be in compliance with all applicable codes
and ordinances, including but not limited to building codes and plumbing
codes, and shall be maintained in a clean, sanitary and structurally
safe condition.
K.
Fuel supply and storage.
(1)
Liquefied petroleum gas systems.
(a)
The design, installations and construction of
containers and pertinent equipment for the storage and handling of
liquefied petroleum gases shall conform to the Act of Pennsylvania
Legislation 1951, December 27, P.L. 1793, as it may be amended;[1] and to the regulations therefor promulgated by the Pennsylvania
Department of Labor and Industry, or its successor.
[1]
Editor's Note: See 35 P.S. § 1321
et seq.
(b)
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 Pennsylvania Department of Labor and Industry 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 liquefied petroleum gas piping outside of
the mobile home shall be well supported and protected against mechanical
injury. Undiluted liquefied petroleum gas in liquid form shall not
be conveyed through piping equipment or systems in mobile homes.
[4]
Vessels of at least 12 United States gallons
and less than 60 United States gallons gross capacity shall be maintained
in a vertical position and shall be securely, but not permanently,
fastened to prevent accidental overturning. No vessel shall be placed
any closer to a mobile home exit than five feet and no closer to any
window than three feet.
[5]
No liquefied petroleum gas vessel shall be stored
or located inside or beneath any storage cabinet, carport, mobile
home or any other structure.
[6]
All pipe connections shall be of a flare type.
(2)
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 shutoff 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 exit, and not less than three feet from any window.
(e)
Storage tanks located in areas subject to traffic
shall be protected against physical damage.
L.
Landscaping.
(1)
No portions of tree masses or trees with caliper of
four inches or greater shall be cleared except where absolutely necessary
at the location of streets, mobile home pads, utilities and ancillary
buildings. Applicants shall make all reasonable efforts to harmonize
their plans with the preservation of existing trees.
(2)
In addition to plantings for buffered setbacks, a
mobile home park shall be provided with the following landscaping
requirements:
(a)
Disturbed topsoil shall be stockpiled and replaced
after construction.
(b)
Deciduous trees of varying species shall be
planted within the mobile home park at the ratio of two per mobile
home. In the event that a substantial portion of the tract is wooded
and a substantial number of trees remain after development, the governing
body may, in its sole discretion, modify this requirement.
(c)
Deciduous and/or evergreen shrubs of varying
species shall also be planted within the mobile home park at a ratio
of at least four per mobile home.
(d)
Planting of landscape material shall be in accordance with a plan prepared by a registered landscape architect and shall be completed within six months of approval of final plan, and failure to carry out the landscaping plan within such time shall warrant denial of the park's annual license under § 115-65 hereof.
M.
Miscellaneous structural requirements.
(1)
Mobile home pad. A concrete pad, properly graded,
placed and compacted so as to be durable and adequate for the support
of the maximum anticipated loads during all seasons, shall be used
for all mobile homes. In no event shall the thickness of the pad be
less than four inches of concrete supported by four inches of crushed
stone.
(2)
Anchoring. Every mobile home placed within a mobile
home park shall be anchored to the mobile home pad where it is located
prior to the unit's being occupied or used in any other way or the
expiration of seven days, whichever occurs first. The anchoring system
shall be designed to resist a minimum wind velocity of 90 miles per
hour.
(3)
Stability. Each mobile home placed within a mobile
home park shall, prior to occupancy or other use, be affixed to its
mobile home pad in such a way as to prevent tilting of the unit.
(4)
Skirts. Each mobile home placed within a mobile home
park shall, prior to occupancy or other use, have a skirt installed
which is designed to complement the appearance of the mobile home
and is coordinated with other units throughout the park.
(5)
Hitch. The hitch or tow bar attached to a mobile home
for transport purposes shall be removed and remain removed from the
mobile home when it is placed on its mobile home pad.
A.
It shall be unlawful for any person to construct,
alter or extend or operate a mobile home park within East Bradford
Township unless and until he obtains:
(1)
A valid permit, issued by the Chester County Health
Department in the name of the operator, for a specified construction,
alteration or extension proposed;
(2)
A permit, issued by the East Bradford Township Zoning
Officer in the name of the operator, which shall not be issued until
a copy of the Health Department permit has been furnished, all permits
for water supply and sewerage systems shall have been obtained and
all other requirements contained herein have been complied with and
final approval of the application has been granted by the Board of
Supervisors; and
(3)
An occupancy permit, which, upon completion of the
installation of a mobile home and before its occupancy, the Zoning
Officer shall issue after he inspects the mobile home and the mobile
home park and determines that the provisions of this article have
been met. A mobile home shall not be used in any way before an occupancy
permit is issued.
B.
Annual licenses. In addition to the initial permits,
the operator of a mobile home park shall apply to the Chester County
Health Department and to the East Bradford Township Zoning Officer
on or before the first day of December of each year. The Zoning Officer
shall issue the annual license upon satisfactory proof that the park
continues to meet the standards prescribed by state and county agencies
having jurisdiction and the standards of this article. The license
so issued shall be valid for the calendar year applied for, or part
thereof remaining at the time of issuance.
C.
D.
Inspection.
(1)
Upon notification to the licensee, manager or person
in charge of a mobile home park, a representative of East Bradford
Township may inspect a mobile home park at any reasonable time to
determine compliance with this article.
(2)
Upon receipt of the application for annual license
and before issuing such annual license, the Zoning Officer or other
designated representative of East Bradford Township shall make an
inspection of the mobile home park to determine compliance with this
article. The Zoning Officer or other representative shall thereafter
notify the licensee of any instances of noncompliance with the article
and shall not issue the annual license until the licensee has corrected
all such violations.
E.
Appeal of permit denial. Where the applicant or licensee
feels that the Zoning Officer has failed to follow procedures or has
misinterpreted or misapplied any provision of this article in the
review of an application for a permit or an annual license renewal,
he may appeal such action to the East Bradford Township Zoning Hearing
Board in accordance with Section 909 of the Pennsylvania Municipalities
Planning Code.[2]
[2]
Editor's Note: See now 53 P.S. § 10909.1.
The park manager shall maintain a register containing
the number of occupied mobile home pads and the names of all park
occupants. Such register shall be available to any authorized person
inspecting the park. The manager shall notify the appropriate offices,
in accordance with state and local taxation laws, of the arrival and
departure of each mobile home. The register shall be submitted to
the Township as part of the application for renewal of the mobile
home park's annual license.
A.
No mobile home shall be removed from the Township
without first obtaining a removal permit from the East Bradford Township
Tax Collector as required by Act No. 54, 1969, of the Pennsylvania
General Assembly.[1] 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.
[1]
Editor's Note: See 72 P.S. § 5020-407.
B.
Any person who removes a mobile home from East Bradford
Township without first having obtained a removal permit shall, upon
summary conviction thereof, be sentenced to pay a fine of $100 and
costs of prosecution or undergo imprisonment for not more than 30
days, or both.
A.
Maintenance of facilities. The operator and licensee
shall be responsible for maintaining all common facilities, including
but not limited to roads, parking areas, sidewalks or pathways, open
space, water supply and sewage disposal systems and service buildings,
in a condition of proper repair and maintenance so that all common
facilities shall be fully usable for the intended and design purposes
and be free of debris and refuse. If, upon inspection by the Zoning
Officer or other representative, it is determined that the mobile
home park is not in compliance with this standard of maintenance,
the licensee shall be considered to be in violation of this article,
and the Zoning Officer shall notify the operator or licensee of the
particulars of any such violation.
[Amended 11-8-2005 by Ord. No. 9-2005]
B.
Failure to maintain. The operator and licensee shall
thereafter have 30 days in which to correct any such violations, except
that, if the violation is determined by the Zoning Officer or other
representative, in his sole discretion, to constitute a hazard to
the health or safety of the residents of the mobile home park, he
shall order that the violation be corrected forthwith.
C.
Maintenance bond.
(1)
The licensee of a mobile home park shall, prior to
issuance of any certificate of occupancy pursuant to final approval
of an application for new development or expansion, post with the
Township a maintenance bond in an amount to be set by the Township
Engineer.
D.
Fire extinguishers. Portable hand-operated fire extinguishers
of a type suitable for use on oil fires and approved by the local
fire prevention authority shall be kept in each service building under
park control and shall be required by the mobile home operator to
be placed in each mobile home in the park, located inside the mobile
home in a fixed location, preferably near a door but not in close
proximity to cooking facilities.
Any person who violates any 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 East Bradford Township
in a sum not more than $300, together with the costs of prosecution,
or shall be imprisoned in Chester County Farms Prison for a term not
to exceed 30 days, or both. Each day that a violation is continued
shall constitute a separate offense.
Upon repeated violations by the same permittee,
his right to the issuance of a permit, or to continue operation under
a permit, may be suspended for a fixed term or permanently revoked,
after notice and hearing, subject to the right of appeal to the Chester
County Common Pleas Court.
