In addition to the statement of community development objectives set forth in § 210-2 of this chapter, as amended, it is hereby declared to be the specific intent of this article with respect to the R-MHD Mobile Home Development District to establish standards of performance and to promote the desirable benefits which planned mobile home developments may have upon the community and the residents within them. It is further the intent of this article to ensure the interdependency and compatibility of proposed mobile home developments with essential utilities and surrounding land uses in the Township. It shall further be the intent of this district to:
A.
Reflect the changes in the technology of home building
and land development so that resulting economies may enure to the
benefits of those who need homes.
B.
Further the general welfare by extending greater opportunities
for better and more affordable housing to all present and prospective
residents of Concord Township.
C.
Provide for better quality and greater variety in
type, design and layout of mobile home developments than has been
evident in many mobile home parks in the past by enforcing uniform
standards, desirable design criteria and encouraging innovative site
design approaches.
D.
Provide for a diversity in housing types and prices.
E.
Encourage mobile home developments that are beneficial
rather than detrimental to property values and the general welfare
of the area in which they are proposed.
[Amended 1-12-1999 by Ord. No. 233]
A.
Uses by right.
(1)
A mobile home development (MHD), which may include
mobile homes of single width or multiple width, or both, single-family
detached modular homes, conventionally built single-family detached
homes, or any combination thereof, but shall not include travel trailers
or motor homes. No more than 30% of the total number of dwelling units
in a mobile home development may be conventionally built or modular
single-family detached dwellings.
(2)
An adult residential community, as defined herein,
which may consist of multiple widths, single-family detached mobile
homes, but shall not include travel trailers or motor homes.
(a)
"Adult residential community" shall mean a residential
development planned, designed and developed with the particular purpose
of accommodating and providing for dwelling units and related facilities
which provide an environment specifically suited to the needs, wants
and desires of older persons, including housing authorized and permitted
by the United States government and the Commonwealth of Pennsylvania.
(b)
Such housing for older persons may including
housing:
[1]
Provided under any state or federal program
that the United States Secretary of Housing and Urban Development
determines is specifically designed and operated to assist elderly
persons (as defined in Pennsylvania or in Housing and Urban Development
programs);
[2]
Intended for, and solely occupied by, persons
62 years of age or older; or
[3]
Intended and operated for occupancy by persons
55 years of age or older, in which case:
[a]
At least 80% of the units shall
be occupied by at least one adult who is age 55 or older;
[b]
The adult residential community
must publish and adhere to policies and procedures that demonstrate
its intent to be housing for adults who are age 55 or older; and
[c]
The adult residential community
must comply with applicable state and federal regulations governing
the verification of occupancy of units in the community.
(c)
No residents are permitted in an adult residential
community who are under the age of 18 years, provided that children
under 18 years are permitted for an aggregate of 90 days in any calendar
year. Provided further that the age restrictions set forth in this
definition shall not apply to employees of the adult residential community
who perform duties substantially related to managing or maintaining
the adult residential community or to providing reasonable accommodations
for disabled residents.
(d)
The age restriction provision applicable to
the development shall be set forth on the final approved development
plan as part of plan notes, shall be contained in the final land development
approval and shall also be set forth as restrictions and covenants
in a recorded declaration that encumbers the property and runs with
the land and enforceable by the Township as beneficiary.
(3)
An adult residential community, as defined in Article IX, § 210-58A(2), consisting exclusively of modular homes.
[Added 4-3-2001 by Ord. No. 257]
B.
Uses by special exception.
[Added 11-5-2008 by Ord. No. 325]
(1)
A cellular telecommunications facility with antennas
attached to a nonresidential building or a structure of a permitted
church, municipal or governmental building or facility and a building
or structure owned by a public utility regulated by the Pennsylvania
Public Utility Commission, subject to the applicable provisions of
Articles XXA and XXVIII.
A mobile home development may be allowed by the Board of Supervisors in the R-MHD District only pursuant to the procedure specified in § 210-67 and subject to the following regulations. The burden of proving compliance with these regulations shall be on the applicant.
A.
The tract of land to be developed shall be in single
and separate ownership.
B.
Any parcel to be used as a mobile home development
must have a minimum tract area of 15 contiguous acres of land.
C.
Any site proposed for a mobile home development shall
not be subject to adverse environmental influence, such as swamps,
marshes, garbage or rubbish disposal areas or other potential breeding
places for insects or rodents.
D.
Any site proposed for a mobile home development shall
not be subject to any hazard or nuisance, such as excessive noise,
vibration, smoke, toxic matter, radiation, heat, odors or glare, as
defined by the Board of Supervisors and all appropriate ordinances.
E.
The location of all mobile home developments shall
be protected by screening or other appropriate means against any undesirable
off-site views or any adverse influence (such as heavy commercial
or industrial use, heavy traffic or brightly lighted activities) from
adjoining streets and areas.
F.
Mobile home developments shall not be located directly
abutting conventionally built single-family detached housing of significantly
different unit value and density than the proposed mobile homes, except
where extensive natural buffering exists and will be retained or can
be created so as to functionally and visually separate the two sites
or where compatible units or modular or conventionally built homes
will be located in the mobile home development adjacent to the existing
residences. The developer shall provide any necessary transition between
differing residential structural types, unit values and densities
within the mobile home development tract.
G.
Any site proposed for a mobile home development shall,
in the opinion of the Board of Supervisors, be easily accessible to
essential community facilities and services such as employment centers,
shopping centers, schools and police and fire protection.
H.
Every area to be used as a mobile home development
must be served exclusively by the municipal waste disposal system
and a centralized water supply system, if those facilities are available,
the word "available" being defined here and elsewhere in this subsection
as "within 500 yards," and if each such system is found to contain
the necessary capacity to serve the proposed development; or, alternatively,
the area to be used as a mobile home development must, if it cannot
connect to either or both the centralized water supply and municipal
sanitary sewer systems, be served by a common single water supply
system serving all dwelling units and other structures in the development
and/or a common single sanitary sewer system doing likewise consistent
with the Master Sewage Treatment Plan of Concord Township (as amended)
as filed with the Pennsylvania Department of Environmental Protection,
either or both of which, as applicable, must have the approval of
the Pennsylvania Department of Environmental Protection, the Pennsylvania
Utilities Commission and the Delaware River Basin Commission.
(1)
The satellite system shall be designed and constructed
in a manner that will permit adequate connection to the centralized
or public system in the future.
(2)
The administrative structure for the satellite system
shall be organized in a manner that will facilitate easy interconnection
of the two systems.
(3)
The developer shall be required to show proof that
the satellite system intended to serve the proposed development will
not interfere with any existing sewage disposal system or any existing
water supplies, be they wells for nearby properties or sources of
water for other community systems.
(4)
When the centralized or public system reaches the
development site, connection to it shall be mandatory, and the cost
of the eventual interconnection shall be borne by the developer or
the organization that is set up to own and operate the satellite system.
(5)
If, after development occurs, the satellite water
system is deemed to be the cause of interference with existing water
supplies or the satellite sewer system is deemed to be the cause of
any pollution, extension of the centralized or public systems may
be required at that time. The cost of the extension and hookup shall
be borne by the developer or organization owning and operating the
satellite system.
I.
Any tract intended for a mobile home development must have direct access to a collector type road (or a road of a higher classification), as defined by the Township Comprehensive Plan or Ultimate Right-of-Way Ordinance, which the Board of Supervisors deems capable of accommodating the transport of mobile home units, upon recommendation of the Township Engineer. Plans evidencing provision of safe and efficient ingress and egress to and from the public streets and highways servicing the mobile home development district, without causing undue confusion or interference with the normal traffic flows, shall be submitted to the Board of Supervisors and must be approved by the Township Engineer, who shall make the determination based on the adequacy of the thoroughfare to carry the additional traffic generated by the mobile home development. The applicant shall demonstrate to the satisfaction of the Board of Supervisors that he has complied with or will comply with all requirements of Chapter 179 of Title 25, Part I, Subpart D, Article II, of the Rules and Regulations of the Pennsylvania Department of Environmental Protection and with all other pertinent regulations of the Commonwealth of Pennsylvania which are applicable to mobile home parks.
J.
Density. The total number of lots in a mobile home
development shall not exceed a maximum density of five per net acre.
All area not contained in net acreage, as defined in this chapter,
shall be excluded from density calculations.
K.
Notes shall be placed on the plan for an adult residential
community in an MHD District that set forth covenants that shall be
recorded. These covenants shall include, without limitation, covenants
to ensure that the adult residential community complies with the provisions
of the United States Fair Housing Act and the Pennsylvania Human Relations
Act.[1] The covenants shall run to the benefit of the Township,
and shall not be amended or stricken without the express prior written
consent of the Township.
[Added 1-12-1999 by Ord. No. 233]
(1)
All marketing materials for the adult residential
community shall state that the development is intended to be used
as housing for older persons.
(2)
Any and all documents conveying an interest in a mobile
home or modular home in the adult residential community, including
but not limited to agreements of sale and leases, shall contain provisions
intended to ensure compliance with the requirements for an adult residential
community.
[Amended 4-3-2001 by Ord. No. 257]
(3)
The adult residential community shall survey the occupants
of the community at least once every two years to verify compliance
with the Township's definition of an adult residential community.
In verifying age, the adult residential community shall require documentation
that satisfies the requirements of the United States Fair Housing
Act and any regulations promulgated thereunder.
(4)
An adult residential community shall promulgate, adopt,
publish and enforce rules and regulations that comply with the provisions
and requirements of the United States Fair Housing Act and regulations
promulgated thereunder.
[1]
Editor's Note: See 43 P.S. § 951
et seq.
A.
Mobile homes.
(1)
Setback from tract boundary. No mobile home or other
primary building may be located closer than 75 feet to any boundary
of a mobile home development regardless of whether that boundary abuts
a lot, water body, road or other right-of-way. In the event that a
mobile home development abuts another such development, this provision
will not apply unless said abutting mobile home developments are separated
by a public highway; however, all other applicable setbacks prescribed
herein shall apply. Should two abutting mobile home developments be
separated by a public highway, then the seventy-five-foot setback
requirement shall apply.
(2)
Lot area. All mobile home lots in a mobile home development,
regardless of tenure, shall have a minimum lot size of 5,000 square
feet, when on-lot parking is provided, excluding the area of any private
driveway to a rear lot, except that this may be reduced to no less
than 4,500 square feet when common parking is provided.
(3)
Lot width. No individual mobile home lot shall be less than 55 feet in width at the building setback line, although this may be reduced to 45 feet where roofed additions are prohibited or where the applicant can demonstrate that roofed additions can be added without violating the provisions of Subsections A(5)(a) and B herein. No individual mobile home lot shall be less than 25 feet in width at the right-of-way line of a public street or the equivalent right-of-way line or the edge of the pavement of a private street, measured 50 feet from the center line of a public or private street or right-of-way, as applicable.
[Amended 3-5-1991 by Ord. No. 177]
(4)
Building area. The maximum coverage of any individual
mobile home lot by all primary and accessory buildings and structures,
including covered patios or decks, shall be not greater than 25%.
(5)
Minimum structure setbacks.
(a)
Front yard. In no case shall the long side of
a mobile home, or any side of another primary building or accessory
use, be located closer than 50 feet from the center line of a public
or private street or right-of-way; provided, however, that the short
side of a mobile home may be located no closer to the ultimate right-of-way
than 15 feet. No more than six homes in a row shall have the same
setback; where varied setbacks are utilized, the difference shall
be at least four feet.
(6)
Height. No structure built in a Mobile Home Development
District shall exceed a height of two stories or a maximum of 25 feet.
B.
Conventionally built and modular homes. Relative to the required lot size and setback requirements of the R-1 District, the lot size required for conventionally built and modular homes in the R-MHD District may be reduced a maximum of 25% and the lot width and yard setbacks may be reduced a maximum of 15%. All other requirements applicable to mobile homes as specified in Subsection A above remain applicable to modular homes and conventionally built single-family homes.
C.
Residential adult community. An adult residential community shall comply with the yard and area regulations for mobile homes set forth in § 210-60A, except where otherwise provided below:
[Added 1-12-1999 by Ord. No. 233]
(1)
Setback from tract boundary. Where the primary buildings
in an adult residential community will parallel the boundary of the
mobile home development, the setback may be reduced to 55 feet. In
addition, should two mobile home developments which substantially
abut one another, both of which are adult residential communities,
be separated by a public highway, then the seventy-five-foot setback
requirements from the highway may be reduced to 55 feet from the highway.
(2)
Building area. The maximum building coverage of any
individual mobile home lot in an adult residential community by all
primary and accessory buildings and structures, including covered
patios or covered decks, may be increased to not more than 40% if
a garage is built on the lot, provided that the maximum building coverage
of the adult residential community development as a whole does not
exceed 25%. Driveway areas, unroofed patios and unroofed decks shall
not be included in calculating the coverage of either an individual
mobile home lot or the adult residential community development.
(3)
Minimum front yard structure setbacks. In no case
shall the long side of a mobile home, or any side of another primary
building or accessory use, that is located in an adult residential
community, except for an accessory use of a garage for the lot owner's
vehicle or vehicles, be located closer than 45 feet from the center
line of a public or private street or right-of-way; provided, however,
that the short side of a mobile home may be located no closer to the
ultimate right-of-way than 15 feet. No more than eight mobile homes
in a row (unless faced parallel to the street) shall have the same
setback; where varied setbacks are utilized, the difference shall
be at least four feet.
D.
Adult residential community of modular homes. An adult residential community consisting exclusively of modular homes shall comply with all applicable yard and area regulations set forth in § 210-60A, B and C and § 210-61A and B, except where otherwise provided below:
[Added 4-3-2001 by Ord. No. 257]
(1)
Lot width. Eighty percent of the individual lots within
an adult residential community consisting exclusively of modular homes
shall be at least 55 feet in width at the building setback line. The
width of the remaining 20% of the individual lots may be reduced to
30 feet at the building setback line.
(2)
Building area. The maximum building coverage on the
individual lots by all primary and accessory buildings and structures,
including covered patios or covered decks, within an adult residential
community consisting exclusively of modular homes may be increased
to not more than 55%, provided that the maximum building coverage
of the development as a whole does not exceed 25%. Driveway areas,
unroofed patios and unroofed decks shall not be included in calculating
the building coverage of either an individual lot or the overall development.
(3)
Minimum front yard structure setbacks. In no case shall the long side of a modular home within an adult residential community consisting exclusively of modular homes be located closer to the legal right-of-way of any road than 15 feet. In the event that the legal right-of-way constitutes a tract boundary, this requirement shall take precedence over the tract boundary setback requirements set forth in § 210-60A(1) of the Township Code.
(4)
Distance between structures. Modular homes and roofed
structures attached thereto within an adult residential community
consisting exclusively of modular homes shall be separated from each
other, and from other buildings and structures, other than accessory
structures, a minimum of 10 feet at their closest points.
(5)
Patios and decks. Accessory patios and decks within
an adult residential community consisting exclusively of modular homes
may encroach a maximum of 10 feet into any setback and/or buffer yard
of 35 feet or more.
[Amended 11-5-2003 by Ord. No. 274]
[Amended 1-12-1999 by Ord. No. 233]
A.
Setback from common parking facilities. No mobile
home or accessory use shall be located within 25 feet of any common
parking area.
B.
Distance between structures.
(1)
Mobile homes and roofed structures of areas attached
thereto shall be separated from each other, and from other buildings
and structures, other than accessory structures, at their closest
points by a minimum of 20 feet; provided, however, that whenever two
mobile homes have their longer sides parallel or essentially parallel
to each other for more than 25% of the length of either, the minimum
distance between the two mobile homes shall be 30 feet. The sides
shall be considered essentially parallel if they form an angle of
less than 45° when extended to intersect.
(2)
Mobile homes and roofed structures of areas attached
thereto in an adult residential community shall be separated from
each other, and from other buildings and structures, other than accessory
structures, at their closest points by a minimum of 20 feet. Provided
further, however, that where an attached accessory structure, such
as a garage, parallels the longer walls of a mobile home or accessory
structure on an adjacent lot, the minimum distance between two structures
(whether primary or accessory) may be 10 feet, but only for one wall
of an accessory structure which shall not exceed 27 feet. The sides
shall be considered essentially parallel if they form an angle of
less than 45° when extended to intersect. Unroofed patios and
decks shall not be considered to be a structure or an accessory structure
for the purposes of calculating these setback distances.
At least 20% of the site area of the mobile home development must be in common open space, as defined herein, no more than 1/3 of which may be required buffer area. The configuration and location of the common open space must be consistent with the requirements of § 160-60J of the Concord Township Subdivision Ordinance.
An application for a mobile home development
in the R-MHD District shall be accompanied by an analysis of the impact
of the proposed development upon public facilities, utilities and
roadway systems. This analysis must include at least the following
information:
See Article XXI.
See Article XXIII.
See Article XXII.
A.
Application. Any person desiring to develop a tract of land for a mobile home development shall make application, in writing, to the Township Zoning Officer. Such applications shall include, as a minimum, a tentative sketch plan indicating basically how the applicant intends to develop the property and sufficient data to document compliance with the standards specified in § 210-59. The Board of Supervisors shall schedule a public hearing on said application within 60 days, unless this time limit is waived by the applicant, and shall render its decision on the application within 60 days of the closing of the record of the hearing. If no decision is published within 60 days of the closing of the record, the application shall be deemed to have been denied.
B.
Public hearing. Prior to deciding to approve or deny
the development of a tract for a mobile home development, the Board
of Supervisors shall hold a public hearing thereon pursuant to public
notice. At least 45 days prior to the date of the hearing, one copy
of the development proposal and all additional submitted information
shall be transmitted to the Township Planning Commission and one to
the Delaware County Planning Commission, together with a request that
these agencies submit recommendations regarding said use. Any and
all costs incurred by the Township by reason of the public hearing,
including legal advertising costs, cost of stenographer attending
the hearing and transcription of the notes of testimony offered at
the hearing, shall be paid for by the applicant.
C.
Initiation of development. If approval is granted
for the development of a mobile home development based on the submittal
of a development plan and a developer's agreement acceptable to the
Board of Supervisors, development of the tract shall be initiated
within two years of the date of approval, and if not, the approval
is void. At such time, if development of the tract is desired, a reapplication
must be made which shall be processed and acted upon by the normal
procedure established in the Township Subdivision Ordinance.[1]
