[Added 5-22-1990 by Ord. No. 112]
This article shall be known and may be cited
as the "West Lampeter Township Mobile Home and Mobile Home Park Ordinance."
Pursuant to the Second Class Township Code,
as amended,[1] the purpose of this article is to regulate mobile homes,
mobile home parks and mobile home lots in order to better protect
the health, safety and general welfare of the Township of West Lampeter
and of all persons living in mobile homes within said Township.
[1]
Editor's Note: See 53 P.S. § 65101
et seq.
This article shall apply to existing mobile
homes and mobile home parks and the future placement, whether temporary
or permanent, of one or more mobile homes within West Lampeter Township.
The Board of Township Supervisors of West Lampeter
Township, Lancaster County, Pennsylvania, does hereby ordain and enact
the following Mobile Home and Mobile Home Park Ordinance.
A.
General. Words and phrases shall be presumed to be
used in their ordinary context unless such word or phrase is defined
or interpreted differently within this section.
B.
General terms. In this article when not inconsistent
with the context:
C.
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME SPACE
MOBILE HOME STAND
PERSON
TOWNSHIP SUPERVISORS
VEHICLE
Specific terms. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this article. Additionally, the words and phrases which are used in this article and not defined below shall have the meaning assigned by this Chapter 240, Subdivision and Land Development.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two or more units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A unit of land for the placing of one mobile home or trailer.
The part of an individual mobile home space which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
A person, individual, partnership, association, firm, corporation,
owner, lessee, licensee and the agent of each of them.
The duly elected Board of Supervisors of West Lampeter Township.
A device in, upon, or by which any person or property is
or may be transported or drawn, or which may draw devices upon the
public streets or highways of West Lampeter Township.
The standards and requirements contained in
this article shall apply as minimum design standards for mobile homes,
mobile home lots and mobile home parks. Whenever other Township ordinances
or regulations impose more restrictive standards and requirements
than those contained herein, the more restrictive shall apply.
Mobile homes shall not be parked along a street
or alley for a period of time longer than that allowed for the parking
of vehicles upon such street or alley by the applicable state laws
and the ordinances of the Township of West Lampeter. Nor shall a mobile
home be located within the street or alley without being attached
to a licensed and inspected motor vehicle capable of pulling the mobile
home.
The proposed location of mobile homes on individual lots shall be restricted to lots which comply with the requirements of Chapter 285, Zoning, of the Code of the Township of West Lampeter. A mobile home shall not be occupied for sleeping or living quarters unless it is permanently affixed to a mobile home stand which consist of a six-inch-thick poured concrete slab over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support. Each mobile home stand shall include properly designed utility connections. All mobile homes shall be securely anchored to the mobile home stand and the stand installed in a level condition with consideration given to the effect of frost action, surface water drainage, vibration or other forces acting on the superstructure.
In addition to the requirements of this article, all new mobile home parks and expansions to existing mobile home park plans shall be processed in accordance with Chapter 240, Subdivision and Land Development, of the Code of the Township of West Lampeter. Mobile home parks shall comply with the design standards set forth in this section with the exception that any specific design standard will be superseded by any other Township ordinance, resolution, or regulation containing an applicable standard which is more restrictive.
A.
Area and density requirements.
(1)
Minimum size. The minimum size of a mobile home park
shall be five acres.
(2)
Density. The total density of a mobile homes park
shall not exceed five mobile homes per acre.
(3)
Recreation area. There shall be a minimum of 25% of
the gross acreage of the mobile home park devoted to active and/or
passive common recreational facilities. Responsibility for maintenance
of the recreational areas shall be with the landowner. Should the
landowner neglect to maintain the designated recreational area as
depicted on the plan, the Township may then maintain said areas and
assess the landowner for any costs incurred. The maintenance of said
recreation area by the Township shall not relieve the landowner from
prosecution and the penalties provided herein.
B.
Mobile home lot dimensions.
(1)
Lot area. Each mobile home lot shall have a minimum
lot area of 4,600 square feet.
(2)
Density. Each mobile home lot shall contain no more
than one mobile home, nor more than one family.
(3)
Lot width. Each mobile home lot shall be at least
45 feet wide.
(4)
Street setback. No mobile home or other structure
shall be closer than 50 feet to the right of way line of a public
street.
(5)
Property line setback. No mobile home or other structure
shall be closer than 50 feet to any property line defining the external
boundary of the park.
(6)
Interior distances. Mobile homes or other structures
shall be separated from each other, access drive or common parking
area by a minimum of 20 feet.
C.
Mobile home unit requirements.
(1)
Minimum size. All mobile homes shall have a minimum
of 700 square feet of floor space.
(2)
Mobile home stand. Each mobile home lot shall be provided
with a mobile home stand which is constructed with a minimum six-inch-thick
poured concrete slab over a minimum six -inch stone base. Said stand
shall be designed to uniformly support the mobile home in a level
condition. Consideration shall be given to the effect of frost action,
surface water drainage, vibration or other forces acting on the superstructure.
Each mobile home stand shall be equipped with properly designed and
approved water, sewer and electric connections.
(3)
Skirting. An enclosure of compatible design and material,
commonly called "skirting," shall be erected around the entire base
of the mobile home prior to occupancy or other use. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
(4)
Anchoring. Every mobile home shall be anchored to
the mobile home stand where it is located prior to the unit being
occupied, and no more than seven days from the arrival of the mobile
home. The anchoring system shall be designed to prevent tilting of
the unit and resist a minimum wind velocity of 90 miles per hour.
(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 place on its mobile home stand.
D.
E.
Vehicular parking facilities. Off-street parking spaces shall be provided in all mobile home parks. Two spaces per dwelling unit shall be provided either on the mobile home lot or in a common, paved parking compound within 100 feet of each mobile home. Parking compounds shall be designed in accordance with this Chapter 240, Subdivision and Land Development (see § 240-25). Parking compounds shall be used solely for the temporary storage of currently registered and inspected motor vehicles.
G.
Sanitary sewage disposal.
(1)
Source. All mobile home parks shall be serviced by a publicly owned sanitary sewage system, or by a privately owned sanitary sewage system used by two or more mobile homes with treatment other than subsurface absorption or holding tank. Additionally, all sanitary sewage systems shall be approved in accordance with this Chapter 240, Subdivision and Land Development (see § 240-34).
(2)
Connection. All mobile home units and service buildings
shall be connected to an approved sewerage system. Individual riser
pipes having a minimum inside diameter of four inches shall be located
on each mobile home stand and shall extend at least one inch above
ground level. The sewer riser pipe shall be sealed with a securely
fastened plug or cap when the mobile home lot is unoccupied.
(3)
Protection. Adequate provision shall be made to protect
sanitary sewers from stormwater infiltration and damage. All sewer
lines shall be constructed with materials and by methods approved
by the Sewer Authority and Pennsylvania Department of Environmental
Protection.
H.
Water supply.
(2)
Connection. All mobile home units and service buildings
shall be connected to the water supply system. Individual water riser
pipes having an inside diameter or not less than 3/4 inches shall
be provided for each mobile home stand and shall terminate no less
than four inches above the ground.
(3)
Protection of water lines. Adequate provisions shall
be made to protect water service lines from damage, including a shutoff
valve, below the frost line for each mobile home stand.
J.
Refuse disposal.
(1)
The storage, collection, and disposal of refuse in
the mobile home park shall be so managed as to create no health hazards,
rodent harborage, insect-breeding areas, accident, fire or air pollution.
All refuse shall be stored in fly-tight, water-tight, rodent-proof
containers.
(2)
Community refuse disposal sites shall be provided
at locations which are not more than 100 feet from any mobile home
space and no less than 50 feet from the mobile home park boundary.
Containers shall be provided in sufficient number and capacity to
properly store all refuse. Community refuse disposal sites shall be
screened or fenced.
(3)
Racks or holders shall be provided for all refuse
containers. Such containers shall be so designed as to prevent tipping,
to minimize spillage and container deterioration, and to facilitate
cleaning around them.
(4)
All refuse shall be collected at least once weekly.
Where suitable collection service is not available, the mobile home
park operator shall provide this service. All refuse shall be collected
and transported in enclosed vehicles or containers.
K.
Exterior lighting. Streets, access drives, driveways,
and walkways shall be lighted at night with a minimum illumination
of at least 0.2 footcandles. Lighting fixtures shall be so spaced
and so equipped as to provide adequate levels of illumination throughout
the mobile home park for the safe movement of vehicles and pedestrians.
Lighting fixtures shall be shielded to avoid glare on adjacent properties.
L.
Landscaping.
(1)
A fifty-foot-wide landscape strip shall be located
along the perimeter of the mobile home park. This area shall include
a variety of vegetative materials including trees, shrubs, evergreens
and ground cover. For each 1,500 square feet of required area for
landscape strips, one deciduous tree and one evergreen tree shall
be provided. Deciduous trees shall have a clear trunk at least five
feet above finished grade. Evergreen trees shall have a minimum height
of six feet. All landscape strips shall have landscaping materials
distributed along the entire length of the area.
(2)
Any portion of the site not used for buildings, structures,
parking, sidewalks, streets and similar improvements shall be maintained
with a vegetative ground cover and other ornamental plantings.
M.
Service and accessory buildings.
(1)
Construction. All service and accessory buildings,
including management offices, storage areas, laundry buildings and
indoor recreation areas shall be adequately constructed, ventilated,
and maintained so as to prevent decay, corrosion, termites and other
destructive elements from causing deterioration.
(2)
Mobile home park office. Every mobile home park shall
have a structure designed for and clearly identified as the office
of the mobile home park manager.
(3)
Storage space. Occupants of each mobile home lot shall
be provided with at least 150 cubic feet of enclosed storage space
which is exclusive of the floor area devoted to living space. The
type of storage facility shall be approved by the Township Board of
Supervisors.
(4)
Use of service and accessory buildings. Service and
accessory buildings shall be used only by the occupants of the mobile
home park.
N.
Fire protection.
(1)
The mobile home park area shall be kept free of litter,
rubbish and other flammable materials.
(2)
Portable hand-operated fire extinguishers of a type
suitable for use on oil and electrical fires, and approved by the
appropriate fire company, shall be kept in each community building
under park control and shall be required by the mobile home park operator
to be placed in each mobile home in a fixed location preferably near
a door, but not in close proximity to cooking facilities.
(3)
Mobile home parks shall be provided with fire hydrants or acceptable alternatives for fire protection as approved by the local fire company and Township Engineer. Where fire hydrants are provided, they shall meet the specifications of this Chapter 240, Subdivision and Land Development (see § 240-35B).
(4)
Fire shall be made only for purposes of heating and
cooking.
(5)
All mobile home parks shall be operated so as to comply
with all state and local laws, ordinance and regulations pertaining
to fire prevention.
(6)
The mobile borne park manager shall consult periodically
with the appropriate fire company or authorities as to proper fire
prevention practice, accessibility of streets, testing of fire hydrant
pressure, location and operation of equipment, community education
programs, etc.
O.
Maintenance. The landowner of a mobile home park shall
be responsible for the proper repair and maintenance of all facilities,
including but not limited to roads, parking areas, sidewalks or pathways,
improved and unimproved areas, water supply, sewage disposal, and
community buildings.
A.
Availability. In every mobile home park there shall
be permanent office building where the person in charge of said park
shall be available. A copy of the park permit and of this article
shall be posted therein and the park register shall at all times be
kept in said office.
B.
Duties. It is hereby made the duty of the attendant
or person in charge, the owner, and the permittee to:
(1)
Keep at all times, a register of all occupants, which
shall be open at all times to inspection by the Township. Such register
shall show for each occupant:
(2)
Maintain the park in a clean, orderly and sanitary
condition at all times.
(3)
Comply with the provisions of this article and report
promptly to the proper authorities any violations of this article
or any other violations of law which may come to their attention.
(4)
Prohibit the burning of trash or rubbish on the premises.
(5)
Prohibit the use of any mobile home by a greater number
of occupants than that which it is designed to accommodate.
(6)
Report to the State or County Board of Health all
cases of persons or animals affected or suspected of being affected
with any communicable disease, where he shall have reason to believe
that medical attention has not been sought.
A.
The following procedures shall apply solely for the
proposed placement of one mobile home on a single parcel (separately
deeded) provided the proposal does not constitute a mobile home park.
C.
The Township staff shall review the application for
compliance with this article and other applicable ordinances of the
Township. The Township staff may solicit the assistance of the Township
Zoning Officer, Engineer, Solicitor, and other municipal officials
in order to determine approval, conditional approval or disapproval
of the application.
D.
The Township staff shall, within 14 days from the
municipal receipt of an application, issue a permit or disapprove
the application and transmit the decision in writing to the applicant.
E.
Failure of the municipality to render a decision and
communicate it as prescribed above shall be deemed an approval unless
the time period is extended by the applicant.
F.
A notice of disapproval shall cite the reasons for
disapproval.
The following procedure shall apply to all new and expansions of existing mobile home parks, as defined in § 240-41C of this article.
A.
Any person desiring to establish a new mobile home park or expand an existing mobile home park shall, when applicable, secure approval under this Chapter 240, Subdivision and Land Development, prior to applying for a mobile home park license.
B.
Any person desiring to operate a mobile home park
shall submit an application for a mobile home park license (see Appendix
No. 2[1]) to the West Lampeter Township Secretary.
(1)
The Township staff shall review the application for
compliance with this article and other applicable ordinances of the
Township. The Township staff may solicit the assistance of the Township
Zoning Officer, Engineer, Solicitor, and other municipal officials
in order to determine approval, conditional approval or disapproval
of the application.
(2)
The Township Staff shall, within 14 days from the
municipal receipt of an application, issue a permit or disapprove
the application and transmit the decision in writing to the applicant.
(3)
Failure of the municipality to render a decision and
communicate it as prescribed above shall be deemed an approval unless
the time period is extended by the applicant.
(4)
A notice of disapproval shall cite the reasons for
disapproval.
[1]
Editor's Note: The Mobile Home Appendixes
are on file in the Township offices.
C.
It shall be unlawful for any person to operate a mobile
home park without a valid license, issued annually by the Township
in the name(s) of the landowner and manager.
D.
The licensee shall give notice in writing to the Township,
within 24 hours after a change in land ownership and/or management.
Such notice shall include the name and address of the person succeeding
ownership and/or management.
A.
Any person owning and/or operating a mobile home park
prior to the effective date of this article shall within 90 days from
the effective date hereof make application for and secure a license
to operate said mobile home park.
B.
Full compliance with § 240-45J, N and O and § 240-46 shall be achieved in order to warrant issuance of a mobile home park license. Where the Township finds that compliance with provisions of this article would result in undue hardship, an exception may be granted by the Board of Supervisors. Factors to be considered in determining the length of time and the given period in which to correct any deviation in and from standards shall include but not be limited to the economic feasibility of improvement, nature, significance, and extent of the deviation, depreciation of materials, improvements, the existing layout, and other similar factors. Gradual improvements to a higher degree of conformity shall be permitted provided that there shall be complete conformity at the end of a period prescribed by the Township.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this article,
or any provision of this article, may request and shall be granted
a hearing on the manner before the West Lampeter Township Board of
Supervisors.
B.
Such person shall file with the Secretary of the Board
of Supervisors a written petition requesting a hearing and setting
forth a brief statement of the grounds for appeal or waiver. In the
case of an appeal from a decision, said appeal shall be filed within
10 days of the date of service.
C.
The filing of request for a hearing shall operate
as a stay of the notice and suspension of further action except in
a case where immediate action is necessary to protect the public health.
D.
Upon receipt of a petition, the Board of Supervisors
shall set a time and place for a hearing and shall give the petitioner
written notice thereof.
E.
After such hearing the Board of Supervisors shall
make findings as to compliance with the provisions of this article
and shall issue an order in writing.
A.
The Township is hereby authorized and directed to
make such inspections as are necessary to determine satisfactory compliance
with this article.
B.
The Township shall have the power to enter, at reasonable
times, upon any property for the purpose of inspecting and investigating
conditions relating to the enforcement of this article.
C.
The Township shall have the power to inspect the register
containing a record of all residents of the mobile home park. It shall
be the duty of every resident of the mobile home park to give the
management thereof or his designated agency access to any part of
such property at reasonable times for the purpose of making repairs
or alterations as are necessary to effect compliance with this article.
Whenever the Township determines that there
are reasonable grounds to believe that there has been a violation
of any provisions of this chapter, the Township shall give notice
of such alleged violation to the person to whom the permit or license
was issued. Such notice shall:
A.
Be in writing;
B.
Include a statement of the reasons for its issuance;
C.
Allow a reasonable time for the performance of any
act it requires;
D.
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this article; and
E.
Be served upon the permittee or licensee, either in
person or by registered mail, to the last known address.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, costs of prosecution and the cost
of abating any violation of this article, and, in default of payment
of such fine and costs, to imprisonment for not more than 30 days
in county prison. Each day's continuance of a violation shall constitute
a separate offense.
