[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 7-13-1970 by Ord. No. 70-04. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The legally designated health authority of the Pennsylvania
Department of Health, Chester County Department of Health or the authorized
representative of Uwchlan Township.
Written approval, in whatever form, as issued by the Pennsylvania
Department of Health and Uwchlan Township authorizing a person to
operate and maintain a mobile home park.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.[1]
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.[2]
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.[3]
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A vehicle without motive power which may be towed on the
public highways by a passenger automobile without a special hauling
permit, and which is designed for human occupancy under transient
circumstances, such as camping, travel, or other recreation, sometimes
variously known as "travel trailer" or "camping trailer."
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required local
standards.
The sewer connection consists of all pipes, fittings and
appurtenances from the drain outlet of the mobile home to the inlet
of the corresponding sewer riser pipe.
The sewer riser pipe is that portion of the sewer lateral
which extends vertically to the ground elevation and terminates at
each mobile home space.
The water connection consists of all pipes, fittings and
appurtenances from the water riser pipe to the water inlet pipe of
the distribution system within the mobile home.
The water riser pipe is that portion of the water service
pipe which extends vertically to the ground elevation and terminates
at a designated point at each mobile home lot.
The water service pipe consists of all pipes, fittings, valves
and appurtenances from the water main of the park distributing system
to the water outlet of the distribution system within the mobile home.
A.
Permits required. It shall be unlawful for any person
to construct, alter or extend any mobile home park within the limits
of Uwchlan Township unless he holds a valid permit issued by the Pennsylvania
Department of Health in the name of such person for the specific construction,
alteration or extension proposed, and also a permit issued by this
municipality hereunder.
B.
Application to Pennsylvania Department of Health.
All applications for permits shall be made by the owner of the mobile
home park or his authorized representative in accordance with the
Rules and Regulations, Commonwealth of Pennsylvania Department of
Health, Chapter 4, Article 415, Regulations for Mobilehome Parks,
adopted October 30, 1959, as amended.
C.
Application to Uwchlan Township. A copy of the said
Department of Health application shall be concurrently filed with
the Uwchlan Township Zoning Officer, and the applicant shall also
submit an application to the Uwchlan Township Zoning Officer, using
a form furnished by Uwchlan Township, for a permit to operate a mobile
home park in Uwchlan Township.
D.
Inspection and issuance of permit. Upon receipt of
such application, the Zoning Officer shall forthwith inspect the applicant's
plans and proposed park to determine compliance with the provisions
of this chapter. After favorable determination of same, and upon being
furnished a copy of the permit issued by the Pennsylvania Department
of Health to the applicant, said Officer shall issue a mobile home
park permit to the applicant, which shall be valid for a period of
one year thereafter.
E.
Renewal permits. Renewal permits for a like period
shall be issued by said Officer upon furnishing proof by applicant
that his park continues to meet the standards prescribed by the Pennsylvania
Department of Health and this chapter.
F.
Fees. Each application for a new or renewal permit
hereunder shall be accompanied by payment of an inspection fee in
the amount as set from time to time by resolution of the Board of
Supervisors. In the event that the Building Inspector is required
to perform additional or unusual service in determining said application,
the cost of such additional service shall be borne by the applicant.
Such charges shall be levied whether or not the application is approved.[1]
G.
Applicability to existing parks. Mobile home parks
in existence upon the effective date of this chapter shall be required
to meet, where it is possible for the permittee to comply, the standards
of the Pennsylvania Department of Health as a prerequisite to issuance
of a permit and to meet, where it is possible, the standards prescribed
herein to the extent allowable under law.
A.
Department of Health permit. It shall be unlawful
for any person to operate any mobile home park within the limits of
Uwchlan Township unless he holds a certificate of registration issued
annually by the Pennsylvania Department of Health in the name of such
person for the specific mobile home park. Proof of registration shall
be furnished to the Uwchlan Township Zoning Officer no later than
February 1 each year.
B.
Transfer of ownership. Every person holding a certificate
shall file notice in writing to the Pennsylvania Department of Health
and the Uwchlan Township Zoning Officer within 10 days after having
sold, transferred, given away, or otherwise disposed of interest in
or control of any mobile home park. If the certificate of registration
is transferred by the Pennsylvania Department of Health, proof of
such transfer shall be furnished to the Zoning Officer forthwith.
C.
Suspension. Whenever upon inspection of any mobile home park it is determined that conditions or practices exist which are in violation of any provision of this chapter or of any regulations adopted pursuant thereto, the Uwchlan Township Zoning Officer shall give notice in writing in accordance with § 153-16A to the person to whom the certificate was issued, advising him that unless such conditions or practices are corrected within a reasonable period of time specified in the notice the license to operate in Uwchlan Township shall be suspended. At the end of such period, such mobile home park shall be inspected and, if such conditions or practices have not been corrected and the licensee has not requested a hearing as provided in § 153-16B, the Zoning Officer shall suspend the license and give notice in writing of such suspension to the person to whom the certificate is issued.
A.
Inspections. A representative of Uwchlan Township
may inspect a mobile home park at reasonable intervals and at reasonable
times to determine compliance with this chapter.
B.
Inspector. The Uwchlan Township Zoning Officer is
hereby designated as the person to make such inspections. Another
or additional inspectors may also be authorized to make inspections
or additional inspections at the discretion of the Township Supervisors.
C.
Authorization to act. The Zoning Officer may, in his
discretion, give notice for violations of this chapter and issue notice
thereof without express authority from the Township Supervisors in
each instance.
A.
Minimum park area. A mobile home park shall have a
gross area of at least five contiguous acres of land.
B.
Site location. The location of all mobile home parks
shall comply with the following minimum requirements:
(1)
Free from adverse influence by swamps, marshes, garbage
or rubbish disposal areas or other potential breeding places for insects
or rodents.
(2)
Not subject to flooding.
(3)
Not subject to any hazard or nuisance, such as excessive
noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
C.
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.
D.
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 vegetation
growth which is poisonous or which may harbor rodents, insects, or
other pests harmful to man.
E.
Park areas for nonresidential uses.
(1)
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.
(2)
Nothing contained in this section shall be deemed
as prohibiting the sale of a mobile home located on a mobile home
lot and connected to utilities.
F.
Required setbacks, buffer strips and screening.
(1)
All mobile homes shall be located at least 20 feet
from any park property boundary line abutting upon a public street
or highway and at least 10 feet from other park property boundary
lines.
(2)
There shall be a minimum distance of 10 feet between
an individual mobile home, including accessory structures attached
thereto, and adjoining pavement of a park street or common parking
area or other common areas and structures.
(3)
All mobile home parks located adjacent to industrial
or commercial land uses may be required to provide screening such
as fences or natural growth along the property boundary line separating
park and such adjacent nonresidential use.
G.
Erection and placement of mobile homes.
(1)
Mobile homes shall be separated from each other and
from other buildings and structures by at least 15 feet on all sides.
(2)
An enclosure of compatible design and material shall
be erected around the entire base of each mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
H.
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 or area connecting the park
with a public street or road shall have a minimum pavement width of
34 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:
(a)
Where parking is permitted on both sides, a
minimum width of 34 feet will be required.
(b)
A minimum road pavement width of 28 feet will
be required where parking is limited to one side.
(c)
Dead-end streets shall be provided at the closed
end with a turnaround having an outside roadway diameter of at least
60 feet.
(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 surfaced in accordance
with Uwchlan Township specifications applicable to streets in conventional
residential developments.
(b)
Grades. Grades of all streets shall be sufficient
to ensure adequate surface drainage but shall be not more than 8%.
Short runs with a maximum grade of 15% may be permitted, provided
traffic safety is assured by appropriate surfacing and adequate leveling
areas.
(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.
(d)
A plan of the streets shall be provided with
the application for the park permit.
I.
Off-street parking areas. Off-street parking for at
least one motor vehicle shall be provided at each mobile home lot
and off-street parking areas for additional vehicles of park occupants
and guests shall be provided where street rights-of-way are of insufficient
width for such purposes.
J.
Walks.
(1)
General requirements. All parks may provide safe,
convenient, all-season pedestrian access of adequate width for intended
use, durable and convenient to maintain, between individual mobile
homes, the park streets and all community facilities provided for
park residents. Sudden changes in alignment and gradient shall be
avoided.
(2)
Common walk system. Where pedestrian traffic is concentrated,
and a common walk system is provided, such common walks shall have
a minimum width of 3 1/2 feet.
(3)
Individual walks. All mobile home lots 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 two feet.
K.
Construction of mobile home lots.
(1)
Mobile home lots within the park shall have an average
gross area of 5,000 square feet; if a portion of the park is designed
for the transient accommodation of recreational vehicles, lots constructed
for this purpose shall have an average gross area of not less than
800 square feet.
(2)
The total number of lots in a park shall not exceed
an average density of seven per acre.
(3)
Each mobile home lot shall be improved to provide
an adequate foundation for the placement of the mobile home, and in
such position as to allow a minimum of 10 feet between the mobile
home and the right-of-way of the park street which serves the lot.
L.
Recreational area. A recreational area or areas with
suitable facilities shall be maintained within the park for the use
of all park residents.
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 extending below ground
level, nor in any room or space above ground which is walled in or
otherwise enclosed, unless such rooms, whether above or below ground,
have free drainage by gravity to the surface of the ground.
(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.
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 1/2 inch and terminate at least four inches above the ground surface.
The water outlet shall be provided with a cap when a mobile home does
not occupy the lot.
(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 manufacturer 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, construction and maintained
in accordance with the Pennsylvania Department of Health or local
health regulations.
B.
Individual sewer connections.
(1)
Each mobile home lot shall be provided with at least
a three-inch-diameter sewer riser pipe. The sewer riser pipe shall
be so located on each stand that the sewer connection to the mobile
home drain outlet will approximate a vertical position.
(2)
The sewer connection (see definition) 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
semi-rigid, corrosive-resistant, nonabsorbent and durable. The inner
surface shall be smooth.
(4)
Provision shall be made for plugging the sewer riser
pipe when a mobile home does not occupy the lot. Surface drainage
shall be diverted away from the riser. The rim of the riser pipe shall
extend at least 1/2 inch above 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 by the Pennsylvania
Department of Health and shall have watertight joints.
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 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 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 cable shall be buried
at least 18 inches below the ground surface and shall be insulated
and specially designed for the purpose. Such conductors shall be located
not less than one foot radial distance from water, sewer, gas or communications
lines.
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, 100 amperes.
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
neutral conductor shall not be used as an equipment ground for mobile
homes or other equipment.
A.
Applicability. 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 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 outlet is not in use.
B.
Liquified petroleum gas systems.
(1)
Liquified petroleum gas systems provided for mobile
homes, service buildings or other structures when installed shall
be maintained in conformity with the rules and regulations of the
authority having jurisdiction and shall include the following:
(a)
Systems shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
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.
(c)
All LPG piping outside of the mobile homes shall
be well supported and protected against mechanical injury. Undiluted
liquified petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
(d)
Vessels of more than 12 gallons and less than
60 U.S. gallons gross capacity may be securely but not permanently
fastened to prevent accidental overturning.
(e)
No LPG vessel shall be stored or located inside
or beneath any storage cabinet, carport, mobile home or any other
structure unless such installations are specially approved by the
authority having jurisdiction.
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, when 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.
A.
Local regulations. The mobile home park area shall
be subject to the rules and regulations of the Uwchlan Township fire
prevention authority, where provided.
B.
Litter control. Mobile home park areas shall be kept
free of litter, rubbish and other flammable materials.
C.
Fire extinguishers. Portable fire extinguishers of
a type approved by the fire prevention authority shall be kept in
public service buildings under park control, and a sufficient number
shall be maintained throughout the park in readily accessible and
well marked positions.
D.
Fire hydrants.
(1)
Fire hydrants shall be installed if their water supply
source is capable of serving them in accordance with the following
requirements:
(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 and shall be installed in accordance with Uwchlan Township
specifications.
A.
Installation requirements. If a mobile home is erected
and maintained as a single-family dwelling house outside a mobile
home park, the following requirements shall be met:
(1)
The tract upon which the mobile home is installed
shall conform with the minimum lot size requirement of the district
or zone where located.
(2)
The mobile home shall be installed so as to conform
with all front yard, side yard and rear yard setback lines applicable
to immobile housing in that district or zone.
(3)
The mobile home shall be installed upon, and securely
fastened to, a frost-free foundation or footer, and in no event shall
it be erected on jacks, loose blocks, or other temporary materials.
(4)
An enclosure of compatible design and material shall
be erected around the entire base of the mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
(5)
The mobile home shall be connected to public water
and sewer systems, if available. If not, the owner shall provide a
potable water supply from his own or an adjacent well and shall provide
a septic system that shall meet the standards of the local health
department and/or the Pennsylvania Department of Health.
(6)
The tract shall be attractively seeded, landscaped
and shrubbed.
(7)
Any garage, utility shed, or other outbuilding constructed
on the tract shall conform with the standards applicable to such structures
as contained in the Uwchlan Township Building Ordinance and/or Zoning
Ordinance[1] and other applicable ordinances.
(8)
Any single on-lot mobile home shall meet the specifications
for manufacture of mobile homes as set forth in United States Standards,
Institute Standards for Mobile Homes, USA Standard A 119.1-1969, NFPA
No. 501B-1968, and any subsequent modification or amendment of such
standards.
B.
Building permit. No mobile home shall be erected on
a single lot unless a building permit is first obtained in accordance
with the Uwchlan Township zoning and building ordinances and other
applicable ordinances.
C.
Recreational vehicles. No recreational vehicle shall
be erected and maintained for living purposes in Uwchlan Township
except in a duly licensed mobile home park. Unoccupied recreation
vehicles may be parked or stored in a private garage, carport, or
rear or side yard, but same shall not be stored or parked on a public
street or in the front yard of a residential dwelling.
A.
Responsibilities of the park management.
(1)
The person to whom a license 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.
(2)
The park management shall supervise the placement
of each mobile home on its mobile home lot, which includes securing
its stability and installing all utility connections.
(3)
The park management shall give the Health Officer
free access to all mobile home lots, service buildings and other community
service facilities for the purpose of inspection.
(4)
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. The management shall
notify the appropriate officer, in accordance with state and local
taxation laws, of the arrival and departure of each mobile home.
B.
Removal of mobile homes. No mobile home, whether installed
on a single lot or in a mobile home park, shall be removed from Uwchlan
Township without first obtaining a permit from the Uwchlan Township
Tax Collector, as required by Act No. 54 of 1969 of the Pennsylvania
General Assembly. Such permit shall be issued upon payment of a fee
as set from time to time by resolution of the Board of Supervisors
and of any real estate taxes assessed against the home and unpaid
at time the permit is requested.[1]
A.
Notice of violation. Whenever the Uwchlan Township
Zoning Officer determines that there are reasonable grounds to believe
that there has been a violation of any provision of this chapter or
of any regulation adopted pursuant thereto, such authority shall give
notice of such alleged violation to the person to whom the permit
or certificate was issued, as hereinafter provided. Such notice shall:
(1)
Be in writing;
(2)
Include a statement of the reasons for its issuance;
(3)
Allow a reasonable time for the performance of any
act it requires;
(4)
Be served upon the owner or his agent, as the case
may require; provided, however, that such notice or order shall be
deemed to have been properly served upon such owner or agent when
a copy thereof has been served with such notice by any other method
authorized or required by the laws of this state; and
(5)
Contain an outline or remedial action which, if taken,
will effect compliance with the provisions of this chapter or any
part thereof and with the regulations adopted pursuant thereto
B.
Hearing. Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter or of any regulation adopted pursuant thereto may request
and shall be granted a hearing on the matter before the Uwchlan Township
Board of Supervisors, provided that such person shall file in the
office of the Uwchlan Township Board of Supervisors a written petition
requesting such hearing and setting forth a brief statement of the
grounds therefor within 10 days after the notice was served. The filing
of the request for a hearing shall operate as a stay of the notice
and the suspension. Upon receipt of such petition, the Uwchlan Township
Board of Supervisors shall set a time and place for such hearing and
shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
why such notice should be modified or withdrawn. The hearing shall
be commenced not later than 10 days after the day on which the petition
was filed, provided that, upon application of the petitioner, the
Uwchlan Township Board of Supervisors may postpone the date of the
hearing for a reasonable time beyond such ten-day period when in its
judgment the petitioner has submitted good and sufficient reasons
for such postponement.
C.
Findings and order. After such hearing, the Uwchlan Township Board of Supervisors shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection A(4). Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
D.
Record; appeal. The proceedings at such a hearing,
including the findings and decision of the Uwchlan Township Board
of Supervisors, together with a copy of every notice and order related
thereto, shall be entered as a matter of public record in the office
of Uwchlan Township, but the transcript of the proceedings need not
be transcribed unless judicial review of the decision is sought as
provided by this section. Any person aggrieved by the decision of
the Uwchlan Township Board of Supervisors may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the Commonwealth of Pennsylvania.
A.
Summary offense. Any person who violates any provision
of this chapter shall be guilty of a summary offense and, upon conviction,
shall be required to pay a penalty for the use of Uwchlan Township
of no more than $1,000, together with the costs of prosecution, including
reasonable attorneys' fees, and in default of such payment, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
A new and separate offense shall be deemed to have been committed
for each day that said violation exists.[1]
B.
Revocation or suspension of permit. Upon repeated
violations by the same permittee, his right to the issuance of a permit
or to continued operation under a permit may be suspended for a fixed
term or permanently revoked, after notice and hearing by the Uwchlan
Township Board of Supervisors, subject to the right of appeal to the
Chester County Common Pleas Court.
