[HISTORY: Adopted by the Board of Commissioners of the Township
of Spring Garden 5-11-1977 by Ord. No. 74 (Ch. 14, Part 1, of the
1994 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Pennsylvania Department of Environmental Protection or
authorized representatives of Spring Garden Township, York County,
Pennsylvania.
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.
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 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.
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 a "travel trailer" or a "camping trailer."
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to standards required
by Spring Garden Township, York County, Pennsylvania.
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.
[Amended 12-14-1994 by Ord. No. 94-5]
A.
Permits required. It shall be unlawful for any person to construct,
alter or extend any mobile home park within the limits of Spring Garden
Township unless he holds a valid permit issued by Spring Garden Township
hereunder.
B.
Application to Spring Garden Township. The applicant shall submit
an application to the Spring Garden Township Zoning Officer using
a form furnished by the Zoning Officer for a permit to operate a mobile
home park in Spring Garden Township.
C.
Inspection and issuance of permit. Upon receipt of such application,
the Spring Garden Township Zoning Officer shall forthwith inspect
the applicant's plan and proposed park to determine compliance
with the provisions of this chapter. After favorable determination
of same, said officer shall issue a mobile park permit to the applicant,
which shall be valid for a period of one year thereafter.
D.
Renewal permits. Renewal permits for a like period shall be issued
by said officer upon furnishing proof by the applicant that his park
continues to meet the standards prescribed by the Township under this
chapter.
E.
Fees. Each applicant for a new or renewal permit hereunder shall
be accompanied by payment of an inspection fee in the amount as established
from time to time by the Board of Commissioners. 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.
F.
Limited applicability to existing parks. Mobile home parks in existence
upon the effective date of this chapter shall be required to meet
all minimum standards prescribed herein.
[Amended 6-8-2011 by Ord.
No. 2011-07]
[Amended 12-14-1994 by Ord. No. 94-5]
A.
Transfer of ownership. Every person holding a permit shall file notice
in writing to the Spring Garden 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, proof of such transfer shall be furnished
the Spring Garden Township Zoning Officer forthwith.
B.
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 Spring Garden Township Officer shall give notice in writing
to the person to whom the certificate is 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
Spring Garden Township shall be suspended. At the end of such period,
such mobile home park shall be inspected and, if such conditions or
practice have not been corrected and the licensee has not requested
a hearing, the Spring Garden Township 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 Spring Garden Township may inspect
a mobile home park at reasonable intervals and at reasonable times
to determine compliance with this chapter.
B.
Inspector. The Spring Garden Township Manager, Zoning Officer, and/or
Building Code Official are hereby designated as the persons to make
such inspections. Another or additional inspectors may also be authorized
to make inspections or additional inspections, at the discretion of
the Spring Garden Township Board of Commissioners.
C.
Authorization to act. The inspection officer may, in his discretion,
give notice for violations of this chapter and issue notice thereof,
without express authority from the Spring Garden Township Board of
Commissioners in each instance.
A.
Minimum park area. A mobile home park shall have a gross area of
at least 10 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 Environmental
Protection.
(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 vegetable 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, placement, buffer strips and screening.
(1)
Each lot must be not less than 5,000 square feet in area and not
less than 50 feet wide at the building setback line.
(2)
Regardless of lot size, the side yard distances measured from outside
each mobile home to the lot line shall not be less than 30 feet in
total and no one side yard distance less than 12 feet. Front yards
shall not be less than 20 feet and rear yards shall not be less than
10 feet, and in no case shall the distance between any two mobile
homes be less than 30 feet.
(3)
The Zoning Hearing Board may require suitable screen planting or
may restrict the proximity of mobile homes or other improvements to
adjoining properties or may attach such other conditions or safeguards
to the use of land for a mobile home park as the Board may deem necessary
to protect the general welfare.
(4)
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.
G.
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. Surfaces of 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 Spring
Garden 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.
H.
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.
I.
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 four 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.
J.
Construction of mobile home lots.
(1)
Mobile home lots within the park shall have a minimum gross area
of 5,000 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 20 feet between the mobile home and the right-of-way
of the park street which serves the lot.
K.
Recreational area. A recreational area or areas with suitable facilities
shall be maintained within the park for the use of all park residents.
[Amended 8-10-2011 by Ord. No. 2011-08]
All mobile homes and mobile home parks shall be connected to
a public water supply.
[Amended 8-10-2011 by Ord. No. 2011-08]
All mobile homes and mobile home parks shall be connected to
a public sewer.
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 specifically
designed for the purpose. Such conductors shall be located not less
than one-foot radial distance from water, sewer, gas or communications
line(s).
C.
Individual electrical connections. 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, recreational buildings and other community service facilities
when constructed, such as management offices, repair shops and storage
area; laundry facilities; indoor recreation areas; and commercial
uses supplying essential goods or services for the exclusive use of
park occupants.
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 Environmental
Protection 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 Environmental Protection
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 is use.
B.
Liquefied petroleum gas systems.
(1)
Liquefied 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
pressure 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 liquefied petroleum
gas in liquid form shall not be conveyed through piping equipment
and systems in mobile homes.
(d)
Vessels of more than 12 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 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 Spring Garden Township fire authorities,
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 to serve 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 Spring Garden 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 Environmental Protection.
(6)
The tract shall be attractively seeded, landscaped and shrubbed.
(7)
Any garage, utility shed, or other outbuildings constructed on the tract shall conform with the standards applicable to such structures as contained in the Spring Garden Township Building Code (see Chapter 120, Article II) and/or Zoning Chapter (see Chapter 310), if any. In the absence of such ordinances, any garage or utility shed or other outbuilding shall be of design and appearance compatible with the mobile home.
(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 A119.1, NFPA No. 501B-1968,
and any subsequent modification or amendment of such Standards.
C.
Recreational vehicles. No recreational vehicle shall be erected and
maintained for living purposes in Spring Garden Township except in
a duly licensed mobile home park. Unoccupied recreational 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.
[Amended 12-14-1994 by Ord. No. 94-5]
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
persons 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 Spring Garden
Township without first obtaining a permit from the Spring Garden Township
Zoning Officer. Such permit shall be issued upon payment of a fee
that is as established from time to time by the Board of Commissioners
and real estate taxes assessed against the home and unpaid at time
the permit is requested.
A.
Notice of violation. Whenever the Spring Garden 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 Spring Garden Township
Zoning Hearing Board, provided that such person shall file in the
office of the municipal authority 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 Spring Garden Township Zoning Officer
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 date on which the petition was filed, provided that, upon
application of the petitioner, the Spring Garden Township Zoning Officer
may postpone the date of the hearing for a reasonable time beyond
such ten-day period when, in his judgment, the petitioner has submitted
good and sufficient reasons for such postponements.
C.
Findings and order. After such hearing, the Spring Garden Township Zoning Hearing Board 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 § 195-16A(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 authority 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 Spring Garden Township Zoning Hearing
Board, 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 Spring Garden
Township Zoning Hearing Board may seek relief therefrom in any court
of competent jurisdiction, as provided by the laws of this commonwealth.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
A.
Offense. Any person who violates any of the provisions of this chapter
shall, after conviction before a Magisterial District Judge, be subject
to a fine of not less than $50 nor more than $1,000 and, in default
of said payment, be sentenced to a term of imprisonment not to exceed
30 days.
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 Spring Garden Township Zoning
Hearing Board, subject to the right of appeal to the York County Court
of Common Pleas.
