[HISTORY: Adopted by the Board of Supervisors of the Township of
Hempfield: Art. I, 12-8-1969 as Ord. No. 69-2;
Art. II, 7-9-1979 as Ord. No. 79-7. Section
57-14A amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 47.
Flood damage prevention — See Ch. 49.
Registration of multiple dwellings — See Ch. 58.
Occupancy permit — See Ch. 60.
Sewers — See Ch. 67.
Smoke and heat detectors — See Ch. 69.
Solid waste — See Ch. 70.
Subdivision of land — See Ch. 76.
Zoning — See Ch. 87.
[Adopted 12-8-1969 as Ord. No. 69-2]
As used in this chapter, the following terms shall have the meanings
indicated:
The legally designated health authority of Pennsylvania or authorized
representative of Hempfield Township.
Written approval, in whatever form, as issued by the Pennsylvania
Department of Health, authorizing a person to operate and maintain a mobile
home park.
A transportable single-family dwelling which may be towed on its
own running gear and which may be temporarily or permanently affixed to real
estate, used for nontransient residential purposes and constructed with the
same or similar electrical, plumbing and sanitary facilities as immobile housing.
A parcel of land for the placement of a single mobile home and the
exclusive use of its occupants.
A parcel of land under single ownership which has been planned and
improved for the placement of mobile homes for nontransient use.
That part of an individual lot which has been reserved for the placement
of the mobile home, appurtenant structures or additions.
Person designated by the Township of Hempfield Board of Supervisors
to enforce this chapter.
Written approval, in whatever form, as issued by the Township of
Hempfield in conformance with this chapter, authorizing a person to operate
and maintain a mobile home park.
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 and/or state standards.
All pipes, fittings and appurtenances from the drain outlet of the
mobile home to the inlet of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically to the
ground elevation and terminates at each mobile home space.
All pipes, fittings and appurtenances from the water riser pipe to
the water inlet pipe of the distribution system within the mobile home.
That portion of the water service pipe which extends vertically to
the ground elevation and terminates at a designated point at each mobile home
lot.
All pipes, fittings, valves and appurtenances from the water main
of the park distribution system to the water outlet of the distribution system
within the mobile home.
A.
Permit required. It shall be unlawful for any person
to maintain, construct, alter or extend any mobile home park within the limits
of the Township of Hempfield unless a permit from the Township of Hempfield
has been issued.
B.
License from the Pennsylvania Department of Health. As
a prerequisite to the final issuance of any Township permit, a valid license
must have already been issued by the Pennsylvania Department of Health.
C.
Application to the Township of Hempfield. A copy of the
said Department of Health license shall be concurrently filed with the Officer
designated by the Township, and the applicant shall also submit an application
to the same official, using a form furnished by the Township of Hempfield,
for a permit to operate a mobile home park in the Township of Hempfield.
D.
Permits for new mobile home parks and additions to existing
parks. New mobile home parks and additions to existing parks will be issued
a permit only after all the requirements of this chapter and/or the Zoning
Ordinance[1] and/or other local ordinances and regulations are met.
E.
Change of ownership; registration. Within 10 days after
a mobile home park has been sold, transferred, given away or otherwise disposed
of, or interest in or control of any mobile home park has been so sold or
transferred, the Officer will be notified. If the certificate of registration
is transferred by the Pennsylvania Department of Health, proof of such transfer
shall be furnished the Officer forthwith.
F.
Inspection of park and issuance of permit. Upon receipt
of an application for a permit, the Officer shall forthwith inspect the applicant's
park to determine compliance with the provisions hereof. Upon favorable determination
of same and upon being furnished a copy of the license issued by the Pennsylvania
Department of Health to the applicant, and upon payment of the fee prescribed
herein, said Officer shall issue a mobile home park permit to the applicant,
which shall be valid for a period of one year thereafter.
G.
Renewal permits. Renewal permits for a like period shall
be issued by said Officer upon proof furnished by applicant that his park
continued to meet the standards prescribed by the Pennsylvania Department
of Health and this chapter.
H.
Fees. A fee shall be paid for the issuance of an original
permit; a renewal permit fee shall be paid annually for each mobile home site,
which shall accompany the original application or the renewal application.
The fee set forth herein shall be established by resolution of the Board of
Supervisors of the Township of Hempfield and shall become effective upon adoption
of this subsection and shall thereafter be effective for each calendar year
thereafter commencing on the first day of January of each year.
[Amended 8-13-1990 by Ord. No. 90-11; 10-27-2003
by Ord. No. 2003-18; 6-28-2004 by Ord.
No. 2004-4]
I.
Limited applicability to existing parks. Mobile home
parks in existence upon the effective date of this chapter shall be required
to meet only the standards of the Pennsylvania Department of Health as a prerequisite
for the issuance of a permit, in addition to the payment of fees at the renewal
rate, and all other minimum standards prescribed herein shall be applicable
only to those parks which are constructed or expanded after the effective
date hereof.
A.
Inspection of mobile home park. The Officer of the Township
of Hempfield may inspect a mobile home park at reasonable intervals and at
reasonable times to determine compliance with this chapter.
B.
Failure to meet inspection standards. 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 chapter or of any regulations
adopted pursuant thereto, the Officer shall give notice in writing to the
person to whom the certificate was issued, his agent and/or person in charge,
advising them that unless such conditions or practices are corrected within
a reasonable period of time specified in the notice, the permit to operate
in the Township of Hempfield shall be suspended. At the end of such period,
such mobile home park shall be reinspected, and if such conditions or practices
have not been corrected, the Officer shall suspend the permit and give notice
in writing of such suspension to the person to whom the certificate was issued,
his agent and/or person in charge.
A.
Site location. The location of all mobile home parks
shall comply with the following minimum requirements:
(1)
Be free from adverse influence by swamps, marshes, garbage
or rubbish disposal areas or other potential breeding places for insects or
rodents.
(2)
Not be subject to flooding.
(3)
Not be subject to any hazard or nuisance, such as excessive
noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
B.
Site drainage requirements.
(1)
The ground surface in all parts of every park shall be
graded and equipped to drain all surface water in a safe, efficient manner.
(2)
Surface water collectors and other bodies of standing
water capable of breeding mosquitoes and other insects shall be eliminated
or controlled in a manner approved by the Pennsylvania Department of Health.
(3)
Wastewater from any plumbing fixture or sanitary sewer
line shall not be deposited upon the ground surface in any part of a mobile
home park.
C.
Soil and ground cover requirements.
(1)
Exposed ground surfaces in all parts of every park shall
be paved or covered with stone screenings or other solid material, or protected
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 harmful
to man.
D.
Park areas for nonresidential uses. No part of any park
shall be used for nonresidential purposes, except such uses that are required
for the direct servicing and well-being of park residents and for the management
and maintenance of the park.
E.
Required setback, buffer strips and screening.
(1)
All mobile homes shall be located at least 40 feet from
any park property boundary line abutting a public street or highway and at
least 15 feet from other park property boundary lines.
(2)
There shall be a minimum distance of 15 feet between
an individual mobile home, including accessory structures attached thereto,
and the adjoining pavement of a park street or common parking area or other
common areas and structures.
(3)
All mobile home parks may be required to provide screening,
such as fences, or natural growth along the property boundary line separating
the park and adjacent nonresidential uses.
F.
Required separation between mobile homes.
(1)
Mobile homes shall be separated from each other and from
other buildings and structures by at least 15 feet, provided that mobile homes
places end-to-end may have a clearance of 10 feet where opposing rear walls
are staggered.
(2)
An accessory structure which has a horizontal area extending
25 square feet, is attached to a mobile home and/or located within 10 feet
of its window and has an opaque or translucent top or roof that is higher
than such window shall, for purposes of this separation requirement, be considered
to be part of the mobile home.
G.
Park street system.
(1)
General requirements. A safe and convenient vehicular
access shall be provided from abutting public streets or roads.
(2)
Access. The entrance road connecting the park streets
with a public street or road shall be a minimum of 40 feet and shall have
a minimum road pavement width of 20 feet.
(3)
Internal streets. Surfaced roadways shall be of adequate
width to accommodate anticipated traffic and in any case shall meet the following
minimum requirements:
(4)
Required illumination of park street systems. All parks
shall be furnished with lighting units so spaced and equipped with luminaries
placed at such mounting heights as will provide average levels of illumination
for the safe movement of pedestrians and vehicles at night.
(5)
Street construction and design standards.
(a)
Streets. All streets shall be provided with a paved twenty-foot
cartway.
(b)
Grades. Grades of all streets shall be sufficient to
ensure adequate surface drainage but shall be not more than 8%. Short runs
with maximum grade of 12% may be permitted, provided traffic safety is assured
by appropriate surfacing, adequate leveling areas and avoidance of lateral
curves.
(c)
Intersections. Within 100 feet of an intersection, streets
shall be at approximately right angles. A distance of at least 150 feet shall
be maintained between center lines of offset intersecting streets. Intersections
of more than two streets at one point shall be avoided.
H.
Off-street parking areas.
(1)
Off-street parking areas shall be provided in all mobile
home parks for the use of park occupants and guests at the minimum ratio of
2.0 per mobile home stand.
(2)
Required car parking spaces shall be so located as to
provide convenient access to the mobile home but shall not exceed a distance
of 200 feet from the mobile home they are intended to serve.
I.
Walks.
(1)
General requirements. All parks shall provide safe, convenient,
all-season pedestrian access of adequate width for intended use, durable and
convenient to maintain, between individual mobile homes and the park streets
and around all community facilities provided for park residents. Sudden changes
in alignment and gradient shall be avoided.
(2)
Common walk system. Where a common walk system is provided
and maintained between locations, and where pedestrian traffic is concentrated,
such common walks shall have a minimum width of five feet.
(3)
Individual walks. All mobile home stands shall be connected
to common walks or to streets, or to driveways or parking spaces connecting
to a paved street. Such individual walks shall have a minimum width of 3 1/2
feet.
J.
Construction of mobile home stands.
(1)
The area of the mobile home stand shall be improved to
provide an adequate foundation for the placement of the mobile home and in
such a position to allow a minimum of 15 feet between the mobile home and
the adjoining pavement of a park street or common parking area or other common
areas and structures. Mobile home stands will be provided with devices for
anchoring the stands to prevent overturning or uplift.
(2)
The mobile home stand shall be designed so as not to
heave, shift or settle unevenly under the weight of the mobile home because
of frost action, inadequate drainage, vibration or other forces acting on
the superstructure.
K.
Minimum area of mobile home lots. A mobile home park
shall have an average gross area per mobile home stand of not less than 3,000
square feet.
L.
Minimum area of mobile home parks. A mobile home park
shall have a gross area of not less than 20 acres.
A.
General requirements. An adequate supply of water shall
be provided for mobile homes, service buildings and other accessory facilities
as 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 approved by the Pennsylvania Department of Health or other
authorities having jurisdiction.
B.
Source of supply.
(1)
The water supply shall be capable of supplying a minimum
of 150 gallons per day per mobile home.
(2)
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.
(3)
No well casings, pumps, pumping machinery or suction
pipes shall be placed in any pit, room or space aboveground 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.
(4)
Water supply treatment, if necessary, shall be in accordance
with the requirements of the Pennsylvania Department of Health.
C.
Water storage facilities. All water storage reservoirs
shall be covered, watertight and constructed of impervious material and provide
a minimum 2 1/2 inches fire apparatus tap. 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.
D.
Water distribution system.
(1)
All water piping, fixtures and other equipment shall
be constructed and maintained in accordance with state and local regulations.
(2)
The water piping system shall not be connected with nonpotable
or questionable water supplies and shall be protected against the hazards
of backflow or backsiphonage.
(3)
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.
E.
Individual water riser pipes and connections.
(1)
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 ensuring the shortest water
connection possible and decreasing susceptibility to water pipe freezing.
(2)
The water riser pipe shall have a minimum inside diameter
of three-fourths (3/4) of an 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.
(3)
Adequate provisions shall be made to prevent freezing
of service lines, valves and riser pipe 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.
(4)
A shutoff 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.
A.
General requirements. An adequate and safe sewerage 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 Pennsylvania
Department of Health or local health regulations.
B.
Individual sewer connections.
(1)
Each mobile home stand shall be provided with at least
a four-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.
(2)
The sewer connection shall have a nominal 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.
(3)
All materials used for sewer connections shall be semirigid,
corrosive-resistant, nonabsorbent and durable. The inner surface shall be
smooth.
(4)
Provisions 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 ground elevation.
C.
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 the park water supply system. All sewer lines
shall be constructed of approved materials and shall have watertight joints.
All sewer lines shall be inspected by a Hempfield Township sewage officer
before they are covered.
D.
Sewage treatment and/or discharge. Where the sewer lines
of the mobile home park are not connected to a public sewer, all proposed
sewage disposal facilities shall be approved by the Pennsylvania Department
of Health and the Hempfield Township sewage officer prior to construction.
A.
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 local electric
power company's specifications in regulating such systems.
B.
Power distribution lines.
(1)
Main power lines not located underground shall be suspended
at least 18 feet above the ground. There shall be a minimum horizontal clearance
of three feet between overhead wiring and any mobile home, service building
or other structure.
(2)
All direct burial conductors or cables shall be buried
at least 18 inches below the ground surface and shall be insulated and specially
designed for the purposes. Such conductors shall be located not less than
one foot radial distance from water, sewer, gas or communications lines.
C.
Individual electrical connections.
(1)
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, 50 amperes.
(2)
The mobile home shall be connected to the outlet receptacle
by an approved type of flexible cable with connectors and a male attachment
plug.
(3)
Where the calculated load of the mobile home is more
than 50 amperes, either a second outlet receptacle shall be installed or electrical
service shall be provided by means of permanently installed conductors.
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 natural conductor shall not
be used as an equipment ground for mobile homes or other equipment.
A.
The requirements of this section shall apply to service
buildings, recreation buildings and other community service facilities when
constructed, such as:
B.
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
and protected as to prevent entrance or penetration of moisture and weather.
(2)
All rooms containing laundry, 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, nonabsorbent, waterproof
material or covered with moisture-resistant material.
(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 so conducted 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 Health and Hempfield Township regulations
governing mobile home parks.
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 with the requirements of the
Pennsylvania Department of Health regulations governing mobile home parks.
A.
Natural gas system.
(1)
Natural gas piping systems when installed in mobile home
parks shall be maintained in conformity with accepted engineering practices.
(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 outside is not in use.
B.
Liquefied petroleum gas systems. 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 conform to 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 and systems in mobile homes.
(4)
Vessels of more than 12 and less than 60 United States
gallons gross capacity may be installed on a mobile home lot and shall be
securely but not permanently fastened to prevent accidental overturning.
(5)
No liquefied petroleum gas 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 the rules and regulations of the authority having jurisdiction
where provided.
(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.
B.
Mobile home park areas shall be kept free of litter,
rubbish and other flammable materials.
C.
Portable fire extinguishers of a type approved by the
fire prevention authority shall be kept in public service buildings under
park control.
D.
Fire hydrants.
(1)
Fire hydrants shall be installed in accordance with national
standards and in no case less than the following:
(a)
The water supply source shall permit the operation of
a minimum of two one-and-one-half-inch hose streams.
(b)
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.
(2)
Fire hydrants, if provided, shall be located within 600
feet of any mobile home, service building or other structure in the park.
A.
The person to whom a permit for a mobile home park is
issued 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.
B.
The park management shall supervise the placement of
each mobile home on its mobile home stand, which includes securing its stability
and installing all utility connections.
C.
The park management shall give the Officer free access
to all mobile home lots, service buildings and other community service facilities
for the purpose of inspection.
D.
The management shall maintain a register containing the
names of all park occupants. such register shall be available to any authorized
person inspecting the park.
E.
The management shall notify the local Pennsylvania Department
of Health immediately of any suspected communicable or contagious disease
within the park.
[Amended 12-29-1975 by Ord. No. 75-39; 6-12-1989
by Ord. No. 89-13; 4-8-1996 by Ord.
No. 96-4; 6-9-1997 by Ord. No. 97-9]
A.
Any person violating any provision of this article shall,
upon conviction thereof by the District Justice in a summary criminal proceeding,
be punishable by a fine of not more than $1,000, together with cost of prosecution
and reasonable attorney fees or, in default of payment thereof, by imprisonment
for not more than 30 days. Each day a violation exists shall constitute a
separate enforceable offense.
B.
Upon repeated violations by the same permittee, his right
to the issuance of a permit or to the continued operation of a mobile home
park under a permit may be suspended for a fixed term or permanently revoked,
after notice.
[Adopted 7-9-1979 as Ord. No. 79-7]
The name of this Article shall be the "Hempfield Township Landlord and
Mobile Home Park Reporting Ordinance."
As used in this Article, the following terms shall have the meanings
indicated:
Any person, partnership, corporation or any other entity that leases,
lets or otherwise allows persons to occupy premises for the purpose of residential
housing for valuable consideration for periods of time exceeding 30 days.
Any person, partnership, corporation or any other entity that leases,
lets or otherwise allows persons to occupy land for the purpose of placing
thereon a mobile home to be used as a residence for periods of time exceeding
30 days.
Any apartment, house, parcel of ground, room or group of rooms in
Hempfield Township, Westmoreland County, Pennsylvania, that are used as a
permanent residence. "Premises" shall not mean hotel rooms, motel rooms or
parcels of ground rented to persons not for the purpose of using the same
as a permanent residence, but rather as a place of lodging.
[Amended 11-9-1981 by Ord. No. 81-27]
Every landlord and mobile home park owner shall annually cause to be
filed with the Secretary of Hempfield Township the names and last known mailing
addresses of all persons who occupied a residential premises within Hempfield
Township during the preceding calendar year. Said filing shall take place
by October 31 of each year and shall indicate occupiers of premises as of
October 31 of each year.
[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996
by Ord. No. 96-4]
Any person, firm, partnership or corporation who or which shall violate
the provisions of this Article shall, when found by the District Justice to
have violated this Article, be subject to a civil fine not to exceed $600,
plus all court costs and reasonable attorney's fees incurred by Hempfield
Township in the enforcement of this Article in a civil enforcement proceeding.
Further, the appropriate officers or agents of the Township of Hempfield are
hereby authorized to seek equitable relief, including injunction, to enforce
compliance herewith.
