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Township of Independence, PA
Beaver County
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Applications for the establishment, development and operation of mobile home parks within the Township shall be submitted in accordance with the following requirements and procedures.
A. 
Approval of the Zoning Hearing Board as to compliance with the land use as a special exception under Chapter 200, Zoning, is required prior to application for permit. All applications for permits shall be made by the owner of the mobile home park, or his authorized representative, to the Commonwealth of Pennsylvania, Department of Environmental Protection, and to the Township Planning Commission.
B. 
No applicant may proceed with any grading, street construction or other improvements, nor establish or extend any mobile home park, until a preliminary application has been approved by the Planning Commission and the Governing Body. No applicant may sell, transfer, lease or allow any land or tract to be developed or used for mobile home park purposes, nor permit any mobile home to be brought upon such land or tract, until the final plat has been approved by the Planning Commission and the Governing Body. Prior to final approval, each street or road in the park shall be laid out and graded, with proper water drainage, and shall meet the minimum standards of § 126-18 and bonding requirements specified in § 126-10 of this chapter.
C. 
Applications for new mobile home parks and for extension of existing parks shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and shall contain: the name and the address of the applicant and the location and legal description of the mobile home park site.
Preliminary applications shall be submitted to the Planning Commission and shall include a reproducible original and five copies and shall be accompanied by an application fee as set by resolution of the Governing Body. The following elements shall be included as part of the preliminary application:
A. 
A site map covering the entire tract and clearly showing:
(1) 
Site topography with vertical contour intervals of five feet or less;
(2) 
Natural features, structures, walls, drainage, utilities, woods, streams, streets or right-of-ways, and existing land use;
(3) 
The names of adjacent landowners;
(4) 
Areas subject to flooding, subsurface conditions and mineral rights;
(5) 
Tract boundary lines with calculated distances and bearings, and the title, North point, scale and date.
B. 
A subdivision plan drawn at a scale no smaller than 100 feet to one inch and which clearly shows the following:
(1) 
Name of the mobile home park, names and addresses of owners, and preparer of plan;
(2) 
Proposed street pattern, including street names, widths and grades;
(3) 
Layout of lots, including dimensions, lot numbers and building lines;
(4) 
Parcels to be dedicated and reserved for community parks, active and passive recreation sites, common parking areas and other community purposes;
(5) 
Key plan, legends, scale, north point and date;
(6) 
A draft of all proposed deed covenants.
C. 
An engineering report prepared by an engineer with seal shall include wherever pertinent:
(1) 
Profiles, cross sections and specifications for proposed street improvements;
(2) 
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers, sanitary sewers;
(3) 
A report on the feasibility of connection to an existing sewerage system, including distances to the nearest public sewer, service load of the subdivision, capacity of the treatment plant;
(4) 
If connection to a public sewerage system is not feasible, a report on the feasibility of a separate sewerage system and a treatment works, including the design, population, type and location of the treatment facility and receiving watercourse.
D. 
An erosion and sedimentation control plan that specifically indicates all erosion and sedimentation control measures to be utilized on the site. The plan shall meet the following requirements:
(1) 
The erosion and sedimentation control plan shall be prepared by persons trained and experienced in erosion and sedimentation control methods and techniques;
(2) 
The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation and shall consider all factors which contribute to erosion and sedimentation, including but not limited to, the following:
(a) 
The topographic features of the project area;
(b) 
The types, depth, slope, and areal extent of the soils;
(c) 
The proposed alteration to the area;
(d) 
The amount of runoff from the project area and the upstream water shed area;
(e) 
The staging of earthmoving activities;
(f) 
Temporary control measures and facilities for use during earthmoving;
(g) 
Permanent control measures and facilities for long-term protection; and,
(h) 
A maintenance program for the control facilities including disposal of materials removed from the control facilities or project area.
(3) 
All additional requirements specified by the Planning Commission, the Pennsylvania Department of Environmental Protection and the County Conservation District.
The Planning Commission shall forward one copy each of the preliminary application to the County Planning Commission and the Governing Body. The Governing Body shall not approve the preliminary application until reports from each of these groups have been received, or until the expiration of 45 days from the date the copies of the preliminary application were forwarded to said agencies.
The Governing Body shall render its decision and communicate it to the applicant not later than 90 days after such application is filed.
A. 
The decision of the Governing Body shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
If the Planning Commission or the Governing Body desires additional time to consider the preliminary plan, the applicant may be requested to waive the ninety-day time limitation established by law, and grant an additional thirty-day review period. This extension shall be voluntary and accomplished only in a signed written agreement on the part of the applicant.
C. 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of any statute or ordinance relied upon.
D. 
Failure of the Governing Body to render a decision and communicate it to the applicant within the time and the manner required shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
The Planning Commission or the Governing Body may hold a public hearing prior to approval or disapproval of the preliminary application.
Final applications shall include five prints and one reproducible copy of the final plat and a certificate of completion of improvements as required below.
A. 
The final plat shall be drawn at a scale no smaller than 100 feet to one inch and shall show:
(1) 
The mobile home park name, name and address of owner and subdivider, source of title of land as shown by the books of the Recorder of Deeds of the County, graphic scale, North point, date and certificate of approval by the Planning Commission and Governing Body.
(2) 
Survey date with certification by a registered land surveyor showing calculated distances and bearings of the mobile home park boundaries, lots, utility easements, streets, alleys, building lines, and parks and other common areas reserved for community purposes.
(3) 
Location, type of material and size of monuments.
(4) 
Lot numbers and street names.
No plats shall be finally approved unless all improvements required by this chapter have been installed in strict accordance with this chapter, or a guarantee that the improvements will subsequently be installed by the owner in the form of a bond or deposit of funds or securities in escrow which are acceptable to the Governing Body and are in an amount sufficient to cover the cost of the improvements that may be required. Such bond or other security shall provide for, and secure to the public, the completion of all declared improvements within a period of three years from the date of final approval of the plat.
The Planning Commission shall forward one copy each of the final application to the Governing Body, the County Planning Commission, and other applicable county or state agencies.
The Governing Body shall render its decision and communicate it to the applicant, as required by law, no later than 90 days after such application is filed.
A. 
Prior to final plat approval, the developer or owner shall furnish to the Township Supervisors written approvals for sewerage and/or erosion control as issued by the Department of Environmental Protection or other appropriate agency.
B. 
When a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application.
C. 
Upon final approval, the applicant may commence and complete the approved development in accordance with the terms of such approval within three years from such approval. Where final approval is preceded by preliminary approval, the three-year period shall be counted from the date of the preliminary approval.
When the plans of streets and other improvements have been approved as provided in this chapter, the subdivider or owner shall first notify the Governing Body of his intention to proceed with the construction or installation of said streets and improvements; notification shall be made at least five days before any such construction or installation shall commence so as to give the Governing Body an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed.
Prior to final approval, each street or road in the park shall be laid out and graded, with proper water drainage, and improved in accordance with the applicable requirements of Article IV of this chapter.