[HISTORY: Adopted by the Board of Supervisors of the Township of
Loyalsock 3-13-1991 as Ch. 7 of the 1972 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 215.
This chapter shall be known and may be cited as the "Loyalsock Township
Mobile Home Park Ordinance."
This chapter is enacted for the promotion of the health, cleanliness,
comfort, safety and general welfare of the citizens of the township.
As used in this chapter, the following words and phrases shall have
the meanings ascribed to them:
The written license issued by the State Health Department allowing
a person to operate and maintain a mobile home park under the provisions of
this chapter and regulations issued hereunder.
A vehicle so constructed as to permit its being used as a conveyance
upon the public streets or highways and duly titled as such, and constructed
in such a manner as will permit occupancy thereof as a dwelling or sleeping
place for one or more persons.
A mobile home which is not equipped with a toilet and/or bathtub
or shower.
A mobile home equipped with a toilet and a bathtub or shower.
A lot upon which two or more mobile homes, occupied for dwelling
or sleeping purposes, are located or proposed for location.
That part of an individual mobile home lot which has been reserved
for the placement of the mobile home, appurtenant structures or additions.
The Board of Supervisors of Loyalsock Township, or Loyalsock Township
depending on the context in which it is used.
A written permit issued by the township or its authorized agent permitting
the construction, alteration and extension of a mobile home park under the
provisions of this chapter and regulations issued hereunder.
A structure housing a toilet, lavatory and such other facilities
as may be required by this chapter.
The municipality shall have the power to enter at reasonable times upon
any private or public property for the purpose of inspecting and investigating
conditions relating to the enforcement of this chapter.
The municipality shall have the power to inspect the register containing
a record of all residents of the mobile home park.
In any case where a provision of this chapter is found to conflict with the provisions of Chapter 215, Zoning, Chapter 100, Building Construction, Chapter 121, Fire Prevention, or other safety or health ordinance or code of this municipality or law, rule or regulation of the Commonwealth of Pennsylvania, the provisions which establish the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with the provisions of another ordinance or code of this municipality or law, rule or regulation of the Commonwealth of Pennsylvania which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
It shall be unlawful for any person to construct, alter or extend any
mobile home park within the limits of the municipality unless he holds a valid
certificate of registration issued by the State Health Department and a permit
issued by the municipality.
Every application for approval of a mobile home park for a permit required by § 142-7 shall be accompanied by a fee payable to the municipality as set from time to time by resolution of the Board of Supervisors.
A copy of a Department of Health application for a certificate of registration
shall be concurrently filed with the municipality, and any person before operating
a mobile home park shall also submit an application to the municipality using
a form furnished by the municipality for a zoning permit to operate a mobile
home park.
Any person who, being the owner or agent of the owner of any lot, tract or parcel of land, proposes to operate or maintain any lot, tract or parcel of land for use as a mobile home park shall, in addition to the application for a permit as required by § 142-9, first submit to the municipality maps and plans for the layout and design thereof which shall include but need not be limited to the following:
A.
Identification. Name and address of the applicant.
B.
Location map. The relationship of the proposed mobile
home park to existing community facilities which serve or influence it and
shall include the mobile home park name, location and any existing facilities;
traffic arteries; public or other schools, parks or playgrounds; utilities;
churches; shopping centers; airports, hospitals; principal places of employment;
title; scale; North arrow; and date.
C.
Existing conditions map. The applicant shall prepare
a topographical map at a scale of 100 feet to one inch and shall not be less
than 18 inches by 22 inches or more than 22 inches by 36 inches in size which
shall show the following:
(1)
Boundary lines on property lines by bearings and distances.
(2)
Existing easements. Location, width and purpose.
(3)
Existing streets. On and adjacent to the tract by name,
right-of-way, location, type, width and elevation of surfacing; walks, curbs,
gutters, culverts, etc.
(4)
Existing utilities on and adjacent to the tract, location,
size and invert elevation of sanitary, storm and combined sewers; location
and size of water mains; location of gas lines, fire hydrants, electric and
telephone poles and streetlights; if any of the above are not available at
site, indicate direction and distance to the nearest ones and furnish statement
of availability.
(5)
Other existing conditions. Watercourses, marshes, rock
outcrops, wooded areas, houses, barns and other significant features. If the
applicant's tract is located where flood hazard exists, the following regulations
shall apply:
(a)
Topographic map. The applicant shall prepare a topographic
map of the proposed area with such contour intervals as the municipality shall
determine to be necessary and shall prepare drainage plans or flood-control
devices satisfactory to the municipality whenever the municipality shall consider
that such are necessary. No plot shall be approved for which the municipality
finds that drainage or flood-control protection is necessary until the municipality
shall approve the plans for drainage and flood control.
(b)
Land subject to flooding. Land subject to flooding and
deemed to be topographically unsuitable shall not be platted for residential
occupancy, nor for such other uses as may increase danger of health, life
or property or aggravate erosion or flood hazard. Such land within the tract
shall be set aside on the plan for such uses as shall not be endangered by
periodic or occasional inundation or shall not produce unsatisfactory living
conditions.
(c)
Adequate mobile home park sites. To ensure that residents
will have sufficient flood-free land upon which to place the mobile home,
the municipality may require elevations and flood profiles. Each lot shall
contain a mobile home site which shall be completely free of the danger of
floodwaters on the basis of available information concerning flood frequency
and magnitude.
(d)
Street elevation. The municipality shall not approve
streets subject to inundation or flooding. All streets must be located above
the line of flood elevation to prevent isolation of areas by flood.
(6)
Proposed public improvements. Streets or other major
improvements planned by public authorities for future construction on or near
the tract.
(7)
Ground elevations on the tract based on a datum plane
approved by the municipal engineer; for land that slopes less than 2%, show
elevations at all breaks in grade and along drainage channels or swales not
more than 100 feet apart; for land that slopes more than 2%, show contours
with an interval of not more than five feet and less in cases where necessary
to show irregular land for planning purposes.
(8)
Title and certificates. Present deed reference according
to records of office of the Recorder of Deeds; title under which plat is to
be recorded; names and addresses of owners; acreage; scale, North point, datum,
benchmarks, certification of registered civil engineer or surveyor; and date
of survey.
D.
Plan and data submission. The applicant shall prepare
a plan of the proposed mobile home park at the same scale and size as specified
for the existing conditions map which shall show the following:
(1)
Primary control points approved by the municipal engineer,
or description and ties to such control points, to which all dimensions, angles,
bearings and similar data on the plan shall be referred.
(2)
Tract boundary lines, right-of-way lines of streets,
easements and other rights-of-way, and property lines of mobile home lots
and other sites with accurate dimensions, bearings or deflection angles, and
radii, arcs and central angles of all curves.
(3)
Name and right-of-way width of each street or other right-of-way.
(4)
Location and dimensions and purpose of easements.
(5)
Number to identify each mobile home lot.
(6)
Purpose for which sites are to be used other than for
mobile home lots.
(7)
Minimum mobile home setback line on all mobile home lots
and other sites.
(8)
Location and description of survey monuments.
(9)
Names of record owners of adjoining unplatted land.
(10)
Reference to recorded plats of adjoining platted land
by record name, date and number.
(11)
Certification by surveyor or engineer certifying to accuracy
of survey and plan.
(12)
Certification of title showing that applicant is the
landowner.
(13)
Title, scale, North arrow and date.
(14)
The following engineering plans and profiles shall also
be provided by the applicant:
(a)
Plans and profiles of streets showing grades at a scale
as determined by the municipal engineer.
(b)
Plans of proposed sanitary and/or stormwater sewers,
with pipe sizes indicated, and a plan of any proposed water distribution system
showing pipe sizes and location of valves and fire hydrants.
(c)
Locations and method of streetlighting facilities.
(15)
Such certificates, affidavits, endorsements or dedications
as may be required by the municipality in the enforcement of these regulations
shall be provided by the applicant.
Every person holding a certificate of registration shall give notice,
in writing, to the municipality within 10 days after having sold, transferred
or otherwise disposed of interest in or control of any mobile home park. Such
notice shall include the name and address of the person succeeding to the
ownership or control of such mobile home park.
Condition of the soil, groundwater level, drainage and topography shall
not create hazards to the property or the health and safety of the occupants
and/or to owners adjacent to the mobile home park. The site shall not be exposed
to objectionable smoke, noise, odors or other adverse influences, and no portion
subject to unpredictable and/or sudden flooding, subsidence or erosion shall
be used for any purpose which would expose persons or property to hazards.
Exposed ground surfaces in all parts of every mobile home park shall
be paved or covered with stone screenings or solid material or protected with
a vegetative growth that is capable of preventing soil erosion and eliminating
objectionable dust.
A.
Generally. The ground surface in all parts of every mobile
home park shall be graded and equipped to drain all surface water in a safe,
efficient manner. In the design of storm sewer installations, special consideration
shall be given to the avoidance of problems which may result from stormwater
runoff over adjacent properties.
B.
Open drainageways. When open drainageways are used for
the disposal of stormwater, the municipality shall review the design of such
open drainageways in relation to the following:
(1)
Safety. Steep banks and deep pools shall be avoided.
(2)
Erosion. Adequate measures shall be taken, such as seeding,
sodding, paving or other measures as necessary to prevent the erosion of banks
and the scouring of the channel bottom.
(3)
Stagnation. Design of open drainageways shall not create
stagnant pools or swampy areas.
C.
Structure approval. Any structure in, along or across
any stream having drainage area of 1/2 mile square or more shall be subject
to approval by the Pennsylvania Department of Forest and Waters, Water and
Power Resources Board. The applicant shall submit to the municipality a copy
of the approved permit for a structure from the Water and Power Resources
Board.
A.
No part of any park shall be used for a nonresidential
purpose, 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.
B.
Nothing contained in this section shall be deemed as
prohibiting the sale of a mobile home located on a mobile home stand and connected
to the pertinent utilities.
Each mobile home park shall have a setback line (exterior yard) from
all property lines a distance of not less than 35 feet.
A.
Mobile homes shall be separated from each other and from
other buildings and structures by at least 20 feet, provided that mobile homes
placed end to end may have a clearance of 15 feet where opposing rear walls
are staggered and that mobile homes placed front to front shall have a separation
of 40 feet.
B.
There shall be a minimum distance of 15 feet between
an individual mobile home and adjoining pavement of a park street, adjoining
recreation area, parking area or other common areas.
C.
When adjacent to or abutting any residential or apartment-office
use or district in addition to the minimum setback, a buffer yard of not less
than 15 feet shall be provided.
All mobile home parks shall be provided with screen planting along all
property lines of the park and shall be in accordance with the following requirements:
A.
The screen planting shall consist of trees, shrubs and
other plant materials or a combination of plant material and wood or masonry
in a manner to serve as a barrier to visibility, airborne particles, glare
and noise.
B.
All materials and arrangements are subject to the approval
of the municipality.
C.
Plant materials used in the screen planting shall be
comprised of not less than 50% evergreen material and shall not be less than
six feet in height.
D.
The screen planting shall be permanently maintained.
E.
The screen planting shall be so placed that at maturity
it will not be closer than 10 feet to any street or property line.
F.
A clear-sight triangle shall be maintained at all street
intersections and at all points where private accessways intersect public
streets.
G.
The screen planting may be broken at points of vehicular
or pedestrian access and at other points where a barrier is not necessary,
provided that no outdoor storage shall be so located to be visible from adjacent
residential district or use.
H.
Complete plans showing the arrangement of all buffer
yards and the placement, species and size of all plant materials to be placed
in such buffer yard shall be approved by the municipality.
A.
Required. In all parks accommodating or designed to accommodate
25 or more mobile homes, there shall be one or more recreation areas which
shall be easily accessible to all park residents.
B.
Size. The size of such recreation areas shall be based
upon a minimum of 100 square feet for each mobile home lot. No outdoor recreation
area shall contain less than 2,500 square feet.
C.
Location. Recreation areas shall be so located as to
be free of traffic hazards and shall, where the topography permits, be centrally
located.
A.
An area of not less than 4,000 square feet shall be provided
for each mobile home.
B.
The minimum lot width shall be not less than 40 feet
for each mobile home.
C.
The minimum lot depth shall be not less than 100 feet
or 30% longer than the length of the mobile home, whichever requirement is
greater.
All mobile home parks shall be provided with safe and convenient vehicular
access from abutting public streets or roads to each mobile home lot. Alignment
and gradient shall be properly adapted to topography.
Access to mobile home parks shall be designed to minimize congestion
and hazards at the entrance or exit and allow free movement of traffic on
adjacent streets. The entrance road connecting the park streets with a public
street or road shall have a minimum road pavement width of 34 feet.
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.
All parks shall be furnished with lighting units so spaced and equipped
with luminaries placed at such mounting heights as will provide the following
average maintained levels of illumination for the safe movement of pedestrians
and vehicles at night:
A.
Pavement. All streets shall be provided with a smooth,
hard and dense surface which shall be durable and well drained under normal
use and weather conditions. Pavement edges shall be protected to prevent traveling
of the wearing surface and shifting of the pavement base. Street surfaces
shall be maintained free of cracks, holes and other hazards.
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 12% may be permitted, provided that traffic safety
is assured by appropriate paving, adequate leveling areas and avoidance of
lateral curves.
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 off-street intersecting streets. Intersections
of more than two streets at one point shall be avoided.
A.
Required. Off-street parking areas shall be provided
in all mobile home parks for the use of park occupants and guests. Such areas
shall be furnished at the rate of at least two car spaces for each mobile
home lot.
B.
Location. Required car parking spaces shall be so located
as to provide convenient access to the mobile home but shall not exceed a
distance of 200 feet from the mobile home that it is intended to service.
All parks shall be provided with safe, convenient, all season pedestrian
accessways 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.
A common walk system shall be provided and maintained between locations
where pedestrian traffic is concentrated. Such common walks shall have a minimum
width of three feet.
All mobile home stands shall be connected to common walks, to paved
streets or paved driveways or parking spaces connecting to a paved street.
Such individual walks shall have a minimum width of two feet.
The area of the mobile home stand shall be improved to provide an adequate
foundation for the placement of the mobile home, thereby securing the superstructure
against uplift, sliding or rotation, and shall conform to the following requirements:
A.
The mobile home stand shall not heave, shift or settle
unevenly under the weight of the mobile home due to frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
B.
The mobile home stand shall be provided with anchors
and tie-downs such as cast-in-place concrete deadmen eyelets embedded in concrete
foundations or runways, screw augers, arrow head anchors or other devices
securing the stability of the mobile home.
C.
Anchors and tie-downs shall be placed at least at each
corner of the mobile home stand and each shall be able to sustain a minimum
tensile strength of 2,800 pounds.
An accessible, adequate, safe and potable supply of water shall be provided
in each mobile home park and a connection shall be provided for each independent
mobile home. Where a public supply of water of satisfactory quantity, quality
and pressure is available, connection shall be made thereto, and its supply
used exclusively. When a satisfactory public water supply is not available,
a private water system may be developed and used as approved by the Pennsylvania
Department of Health and the municipality.
Each mobile home park shall be provided with sanitary sewage and refuse
collection, treatment and/or disposal facilities as approved by the Pennsylvania
Department of Health. All mobile homes shall be properly connected to the
sewage collection system before occupancy.
Plans for the sewerage and water system shall be submitted to the municipality
for review by the municipal engineer and are subject to the approval of the
municipality.
A.
Placement. All electrical and telephone service, including
streetlight wiring, shall be placed underground in compliance with the public
utility commission's regulations.
B.
Installation. The electrical distribution system shall
be installed and maintained in accordance with all applicable codes and regulations
governing such systems.
C.
Submission of plans. Plans for the electrical distribution
system shall be submitted to the municipality for review by the municipal
engineer and are subject to the approval of the municipality.
All mobile home parks which have space for one or more dependent mobile
homes shall provide a service building and be in compliance with the rules
and regulations of the Pennsylvania Department of Health.
Every mobile home park's service building shall be provided with the
following emergency sanitary facilities:
All service buildings shall be in compliance with the following structural
requirements:
A.
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.
B.
All rooms containing sanitary or laundry facilities shall:
(1)
Have sound-resistant walls extending to the ceiling between
male and female sanitary facilities. Walls and partitions around showers,
bathtubs, lavatories and other plumbing fixtures shall be constructed of dense,
nonabsorbent, waterproof material or covered with moisture-resistant material.
(2)
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.
(3)
Have at least one window which can be easily opened or
a mechanical device which will adequately ventilate the room.
C.
Toilets shall be located in separate compartments equipped
with self-closing doors. Shower stalls shall be of individual type. The rooms
shall be screened to prevent direct view of the interior when the exterior
doors are open.
E.
Hot and cold water shall be furnished to every lavatory,
sink, bathtub, shower and laundry fixture, and cold water shall be furnished
to every water closet and urinal.
Mobile home parks shall conform to all applicable codes and regulations
of the Pennsylvania Department of Health and the municipality relating to
fire protection.[1]
[1]
Editor's Note: See Ch. 121, Fire Prevention.
Mobile home parks shall conform to all applicable codes and regulations
of the Pennsylvania Department of Health and the municipality relating to
insect and rodent control.
Mobile home parks shall conform to all applicable codes and regulations
of the Pennsylvania Department of Health and the municipality relating to
refuse storage and handling.[1]
All fuel supply and storage containers shall be securely fastened to
prevent accidental overturning and shall not be stored or located inside or
beneath any mobile home, carport or other structure unless approved by the
municipality. Fuel supply and storage containers shall be provided with a
protective cover to guard against physical damage and shall be designed so
that no containers are visible from adjoining mobile homes, adjacent uses
or streets. The protective cover, fastening and screening shall be subject
to the approval of the municipality.
[Added 10-8-1996 by Ord.
No. 266[1]]
A.
Any person, partnership or corporation who or which has
violated the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the township, pay a judgment
of not more than $500, plus all court costs, including reasonable attorney
fees incurred by the township as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination of a
violation by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the District Justice determining that
there has been a violation further determines that there was a good faith
basis for the person, partnership or corporation violating this chapter to
have believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice, and
thereafter each day that a violation continues shall constitute a separate
violation.
B.
The Court of Common Pleas, upon petition, may grant an
order of stay, upon cause shown, tolling the per diem judgment pending a final
adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the township the
right to commence any action for enforcement pursuant to this section.
