Township of Independence, PA Administration

No permit to construct a mobile home park shall be issued until such time as all required applications and guarantees, including approval of the land use by the Zoning Hearing Board, shall be first submitted to the Planning Commission and approved by the Board of Township Supervisors. Said applications shall meet all of the conditions specified in this chapter.

All applicants for a permit to lay out and construct a mobile home park in the Township shall, in addition to the requirements of this chapter, apply for and obtain any and all permits that may be required by the Pennsylvania Department of Environmental Protection in connection with the establishment of a mobile home park. It shall be unlawful for any person to construct, alter, or extend any mobile home park within the limits of the Township unless he holds a valid permit issued by the Pennsylvania Department of Environmental Protection in the name of such person for the specific construction, alteration or extension proposed, and also a permit issued by this Municipality.

A duplicate copy of the application submitted to the Pennsylvania Department of Environmental Protection or other state regulatory agency shall be concurrently filed with the Township Board of Supervisors, or its designated official. The applicant shall also submit an application to the Township, or its designatee, upon a form to be furnished by the Township, for a permit to lay out and construct a mobile home park in the Township.

(4)

Upon request of such application, the Township's authorized representative shall forthwith inspect the applicant's proposed site to determine its suitability for use as a mobile home park and to determine that the provisions of this chapter are being complied with. Upon a favorable determination and upon being furnished with a copy of the permit issued by the Pennsylvania Department of Environmental Protection, said Township official shall issue a mobile home park permit to the applicant for the construction, laying out and establishment of a mobile home park. The permit shall be valid for a period of one year thereafter.

(5)

Renewal of construction permits for an additional period of one year shall be issued by the Township upon evidence by the applicant that his mobile home park continues to meet the standards prescribed by the Pennsylvania Department of Environmental Protection and this chapter. Any renewal permit requested shall be accompanied by a permit fee as established by the Board of Supervisors.

(6)

After the effective date of this chapter, any proposed extension or enlargement of any mobile home park in the Township shall be subject to all the provisions of this chapter relating to development, construction, use requirements, the filing of applications, permits for construction, etc., and the payment of a filing fee as hereafter provided.

(7)

All original applications for a construction permit shall be accompanied by a permit fee as established by resolution of the Board of Supervisors.

(8)

Mobile home parks in existence upon the effective date of this chapter shall be required to meet the standards of the Pennsylvania Department of Environmental Protection and Township ordinances under which they were originally developed as a prerequisite to the issuance of a permit. All other minimum standards prescribed herein shall be applicable only to those parks constructed or expanded after the effective date.

Registration.

It shall be unlawful for any person to maintain or operate any mobile home park within the limits of the Township unless he holds a certificate of registration issued annually by the Pennsylvania Department of Environmental Protection in the name of such person for the specific mobile home park. Proof of such registration shall be furnished the Township no later than February 1 each year. In addition to the certificate issued by the Pennsylvania Department of Environmental Protection, the operator of any mobile home park shall also apply for and obtain a license to be issued by the Township, as hereinafter provided.

Every person holding such certificate shall file notice in writing to the Pennsylvania Department of Environmental Protection and the Township 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 Environmental Protection, proof of such transfer shall be furnished to the Township prior to transfer of any permit or license issued hereunder to such new owner or assignee.

Licenses.

Applications for original mobile home park licenses 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; the location and legal description of the mobile home park; and a final site plan or survey of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities.

Applications for annual renewal of mobile home park licenses shall be made in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and shall contain any change in information submitted in the original application.

Fees for original licenses and annual renewals of licenses shall be set by resolution of the Board of Supervisors. Any existing mobile home park in operation at the time this chapter becomes effective shall be subject to the annual license fee hereinabove provided.

§ 126-27 Inspection.

Representatives of the Pennsylvania Department of Environmental Protection and the Township may inspect a mobile home park at reasonable intervals, and at reasonable times, to determine compliance with this chapter.

The Pennsylvania Department of Environmental Protection and the Township shall have the power to inspect the register containing a record of all residents of the mobile home park at reasonable times.

§ 126-28 Removal.

No mobile home, whether installed on a single lot or in a mobile home park, shall be removed from the Township without first obtaining a permit from the tax collectors charged with the collection of all real estate, wage, property transfer and per capita taxes. Such a permit for removal will be issued upon payment of all fees and taxes, and upon payment of a removal fee set by resolution of the Governing Body.

§ 126-29 Erection of single mobile homes: general requirements.

No person, persons, partnership, association, corporation or other legally recognized entity shall place or permit to be placed by others, or occupied or permit to be occupied by others, any mobile home in the Township for sleeping or living purposes, except in a mobile home park duly licensed by the Board of Township Supervisors. However, a single, on-site mobile home placement shall be permitted provided said mobile home and site conform to and comply with all building, land use control, and other ordinances of the Township applicable to conventional stationary dwellings and residences.

§ 126-30 Notices; hearing; orders; actions.

Notices. Whenever the Township 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:

Be in writing.

Include a statement of the reasons for its issuance.

Allow a reasonable time for the performance of any act it requires, to be not more than 30 days, weather permitting, or such additional time as granted by the Township.

(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 method authorized or required by the laws of this state.

(5)

Contain an outline of 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.

Hearings. 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 Township Supervisors, provided that such person shall file in the office of the Township Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice is served. The filing of the request for a hearing shall operate as a stay of the notice and suspension except in the case of an order issued under § 126-30D(2). Upon receipt of such petition, the Township 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 Township Supervisors may postpone the date of the hearing for a reasonable time when, in their judgment, the petitioner has submitted good and sufficient reasons for such postponement.

Orders. After such hearing, the Township 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 § 126-30A(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.

Actions.

The proceedings at such a hearing, including the findings and decision of the Township Supervisors, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the office of the Township Secretary, 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 Township Supervisors may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.

Whenever the Township Supervisors find that an emergency exists which requires immediate action to protect the public health, they may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as they may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Township Supervisors, shall be afforded a hearing as soon as possible. The provisions of § 126-30C and § 126-30D shall be applicable to such hearing and the order issued thereafter.

In the event that any mobile home fails to comply with lawful notice as herein provided and fails to correct any violative condition after notice, the right to operate a mobile home park within the Township may be suspended or revoked and the Township may require the posting of bond by the management or developer or owner of such mobile home park in an amount determined by the Township Supervisors to ensure compliance with this chapter, and may require sufficient surety to secure any bond.

(4)

Notwithstanding anything herein to the contrary, the enforcement officer may institute proceedings on a complaint before a magistrate.

§ 126-31 Applicability and administration.

Existing mobile home parks.

Township authorized mobile home parks in existence upon the effective date of this chapter shall be required to meet the standards of the Pennsylvania Department of Environmental Protection and the Township regulations which governed at the date of their plan approval.

After the effective date of this chapter, all proposed extensions or enlargements of an existing mobile home park within the Township shall be subject to all of the provisions of this chapter.

Remedies and penalties.

In the event that any mobile home park or extension thereof has not been begun or installed as provided by this chapter, or in accord with the approved plat or plan, the Board of Township Supervisors shall enforce any corporate bond or other security, and may institute any legal or equitable action as may be appropriate and authorized by law.

Upon repeated violations by the same permittee, his right to the issuance of a permit, or continued operation under a permit, may be suspended for a fixed term, or permanently revoked, after notice and hearing by the Board of Township Supervisors subject to the right of appeal to the Court of Common Pleas in accordance with the law in such cases made and provided.