[Ord. 283, 9/11/1985, § 1; as amended at time of adoption of Code
(see Ch. AO)]
This Part shall be known and may be cited as the "Lower Swatara
Township Manufactured Home Park Ordinance."
[Ord. 283, 9/11/1985, § 2; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
Unless otherwise expressly stated, the following words shall,
for the purpose of this Part, have the meaning herein indicated:
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary of final, required
to be filed and approved prior to start of construction or development
including but not limited to an application for a building permit
for the approval of a subdivision plat or plan or for the approval
of a development plan.
The line within a property defining the required minimum
distance between any principal or accessory structure and the adjacent
right-of-way and the line defining side and rear yards, where required.
That portion of a street or alley which is improved, designed
or intended for vehicular use.
The Lower Swatara Township Planning Commission.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A registered professional engineer in Pennsylvania designated
by the municipality to perform the duties of engineer as herein specified.
An individual licensed and registered under the laws of the
commonwealth to engage in the practice of engineering. A professional
engineer may not practice land surveying unless licensed as set forth
in the Engineer, Land Surveyor and Geologist Registration Law, 63
P.S. § 148 et seq.; however, a professional engineer may
perform engineering land surveys.
Surveys for:
The development of any tract of land, including the incidental
design of related improvements such as line and grade extension of
roads, sewers and grading but not requiring independent engineering
judgment; provided, however, that tract perimeter surveys shall be
the function of the professional land surveyor.
The determination of the configuration or contour of the earth's
surface or the position of fixed objects thereon or related thereto
by means of measuring lines and angles and applying the principles
of mathematics, photogrammetry or other measurements.
Geodetic or cadastral survey, underground survey and hydrographic
survey.
Sedimentation and erosion control surveys.
The determination of the quantities of materials.
The preparation of plans and specifications and estimates of
proposed work as described herein.
The engineering specifications of the Township regulating
the installation of any required improvements or for any facility
installed by any owner, subject to public use.
The Board of Commissioners of Lower Swatara Township, Dauphin
County, Pennsylvania.
The Code Enforcement Officer for Lower Swatara Township,
Dauphin County, Pennsylvania.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development which involves:
A conversion of an existing single-family detached dwelling
or single-family or semidetached dwelling into not more than three
residential units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of any enterprise which would be considered an amusement
park. For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this Part.
A plot or parcel of land which is, or in the future may be,
offered for sale, conveyance, transfer or improvement.
A parcel of land in a manufactured home park/community improved
with the necessary utility connections and other appurtenances necessary
for the erections thereon of a single manufactured home which is leased
by the park owner to the occupants of the manufactured home erected
on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of manufactured homes for nontransient
use consisting of two or more manufactured home lots.
Housing which bears a label, as required by and referred
to in the Act of November 17, 1982 (P.L. 676, No. 192), known as the
"Manufactured Housing Construction and Safety Standards Authorization
Act,"[1] certifying that it conforms to federal construction and
safety standards adopted under the Housing and Community Development
Act of 1974 (Public Law 93-383, 88 Stat. 633), which was constructed
to be used as a single-family dwelling.
Lower Swatara Township, Dauphin County, Pennsylvania.
A written permit issued by the Township or its authorized
agent permitting the construction, alteration and extension of a manufactured
home park under the provisions of this Part and regulations issued
hereunder.
Any individual or group of individuals, partnership, copartnership
or corporation.
A complete and exact subdivision or land development plan
prepared for official recording, as required by statute, to define
property rights and proposed streets and other improvements.
A tentative subdivision or land development plan, in lesser
detail than a final plan, showing approximate proposed street and
lot layout as a basis for consideration prior to preparation of a
final plan.
Includes:
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township of Lower Swatara,
Dauphin County, Pennsylvania. Such notice shall include the time and
place of the hearing and the particular nature of the matter to be
considered at the hearing. The first publication shall be not more
than 30 days or less than seven days from the date of the hearing.
A structure housing toilet, lavatory and such other facilities
as may be required by this Part.
The connection consisting of all pipes, fittings and appurtenances
from the drain outlet of the manufactured home to the inlet of the
corresponding sewer riser pipe of the sewer system serving the manufactured
home park.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each manufactured home lot.
A public right-of-way which affords primary vehicular or
pedestrian access to abutting properties, including street, highway,
thoroughfare, parkway, road, avenue, boulevard, lane, alley or however
designated.
ARTERIAL STREETA major street or highway with fast or heavy traffic volumes of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTORA major street or highway which carries traffic from minor street to the major system of arterial streets, including principal entrance streets of a residential, commercial or industrial development and streets for major circulation within such developments.
CUL-DE-SACA minor street at one end for vehicular and pedestrian access with the opposite and termination in a vehicular turnaround.
MINORA street used primarily for access to abutting properties.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts at the midpoint of the frontage of
the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The shortest distance between the lines delineating the right-of-way
of a street.
The connection consisting of all pipes, fittings and appurtenances
from the water riser pipe to the water inlet pipe of the distribution
system within the manufactured home.
That portion of the water supply system serving the manufactured
home park which extends vertically to the ground elevation and terminates
at a designated point at each manufactured home lot.
[1]
Editor's Note: See 35 P.S. § 1656.1 et seq.
[Ord. 283, 9/11/1985, § 3; as amended at time of adoption of Code
(see Ch. AO)]
1.
It shall be unlawful for any person to construct, alter or extend
any manufactured home park within the limits of Lower Swatara Township
without first obtaining proper permits from the Township.
[Ord. 283, 9/11/1985, § 4; as amended at time of adoption of Code
(see Ch. AO)]
1.
The Township is hereby authorized to make such inspections as are
necessary to determine satisfactory compliance with this Part and
regulations issued hereunder. Failure to fully comply to such specifications/regulations
shall have been due to causes beyond the control of the licensee.
2.
The Township shall have the power to enter at reasonable times upon
any private or public property of inspecting and investigating conditions
relating to the enforcement of this Part and regulations issued hereunder.
3.
The Township shall have the power to inspect the register containing
a record of all residents of the manufactured home park.
4.
It shall be the duty of the owners or occupants of the manufactured
home park and manufactured homes contained therein, or of the person
in charge thereof, to give the Township access to such premises at
reasonable times for the purpose of inspection.
5.
It shall be the duty of every occupant of the manufactured home park
to give the owner thereof or his agent or employee access to any part
of such manufactured home park or its premises at reasonable times
for the purpose of making such repairs or alterations as are necessary
to effect compliance with this Part and regulations issued hereunder
or with any lawful order issued pursuant to the provisions of this
Part.
[Ord. 283, 9/11/1985, § 5; as amended at time of adoption of Code
(see Ch. AO)]
1.
It shall be unlawful for any person to operate any manufactured home
park within the limits of the Township unless he/she holds a valid
license, in the name of such person for the specific manufactured
home park, at a fee as set forth by resolution.
2.
Renewal Licenses. Annual licenses shall be issued by the Township
Code Enforcement Officer upon the furnishing of proof by the applicant
that his/her park meets the standards prescribed by this Part at a
fee as set forth by resolution. Failure to comply with such specifications/regulations
shall have been due to causes beyond the control of the licensee.
3.
Application for Licensees.
A.
Application for original licenses shall be in writing, signed by
the applicant, accompanied by an affidavit of the applicant as to
the truth of the application and by the deposit of a fee as set forth
by resolution and shall contain: the name and address of the applicant;
the location and legal description of the manufactured home park;
and a site plan of the manufactured home park showing all manufactured
home lots, structures, roads, walkways, service facilities and stormwater
drainage facilities. The license shall be valid for one year unless
revoked by the Township.
B.
Applications for renewal of licenses shall be made in writing by
the holders of the licenses, shall be accompanied by the deposit of
a fee as set forth by resolution and shall contain any change in the
information submitted since the original license was issued or the
latest renewal granted.
4.
Each application for renewal of licenses shall list the name of each
owner and/or tenant who owns and/or occupies each manufactured home
on each manufactured home lot, identifying and stating for each owner
and/or tenant his address and the manufactured home lot number on
which the manufactured home which he occupies and/or owns is located.
5.
Any person whose application for a license under this Part has been denied may request and shall be granted a hearing on the matter before the Township under the procedure provided by § 14-120 of this Part.
6.
Transfer of Ownership. Every person holding a license shall file
a written notice to the Lower Swatara Code Enforcement Officer within
10 days after having sold, transferred, given away or otherwise disposed
of interest in or control of any manufactured home park.
7.
Suspension.
A.
Whenever, upon inspection of any manufactured home park, the Township finds that conditions or practices exist which are in violation of any provision of his Part or regulations issued hereunder, the Township shall give notice in writing in accordance with § 14-120 herein to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time as specified in the notice by the Township, the license shall be suspended. At the end of such period, the Township shall reinspect the manufactured home park and, if such conditions or practices have not been corrected, the license shall be suspended and notice given in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such manufactured home park except as provided in § 14-120 herein.
B.
Any person whose license has been suspended, or who has received written notice from the Township that his license will be suspended unless certain conditions or practices at the manufactured home park are corrected, may request and shall be granted a hearing on the matter before the Board of Commissioners or under the procedure provided by § 14-120 of this Part; provided, that when no petition for such hearing shall have been filed within 10 days following the day on which notice of suspension was served, such license shall be deemed to have been automatically revoked at the expiration of such ten-day period.
[Ord. 283,9/11/1985, § 6; as amended at time of adoption of Code
(see Ch. AO)]
1.
The arrangement and other design standards of streets, easements, blocks, lots, stormwater management and erosion and sedimentation control shall be in accordance with the requirements of Part 5 of Chapter 22, Subdivision and Land Development, except as specified herein.
A.
Street Widths.
(1)
All streets located within manufactured home parks shall remain
private and shall be maintained by the park owner and/or legal or
equitable owner. The minimum street cartway width for manufactured
home park streets shall be 24 feet in width.
(2)
Provision for additional street width (right-of-way, cartway
or both) may be required when determined necessary by the Board of
Commissioners for the following specific situations:
(3)
Direct driveway access from a manufactured home lot to existing
and/or proposed public streets shall not be permitted but shall be
by way of an internal park street.
B.
Lots in Manufactured Home Parks.
(1)
Lots in a manufactured home park shall be served by both public
water supply and sanitary sewerage collection systems or private community
systems.
(2)
Manufactured home lots shall be not less than 50 feet wide measured
at the minimum required setback line nor less than 5,500 square feet
in area, per manufactured home unit exclusive of streets and other
public areas.
C.
Building Setback Lines. In a manufactured home park, the minimum
building setback line from the cartway line of a private street shall
be 20 feet.
D.
Side and Rear Building Lines.
(1)
The minimum spacing between manufactured home units, including
attached accessory structures, shall be no less than 20 feet. On a
corner lot, the side yard abutting the street shall have a width equal
to the depth of the front yard required and shall be subject to all
front yard requirements of this Part.
(2)
The minimum rear yard shall be 10 feet measured from the rear
lot line of each manufactured home lot.
(3)
Detached accessory structures shall be located on the lot no
closer than five feet from a manufactured home and shall comply with
the required front, side and rear setback lines.
(4)
Manufactured home units shall not be located closer than 25 feet from the manufactured home park property lines on the sides and rear not adjacent to a street. Manufactured home units adjacent to public streets shall not be located closer than 35 feet to the right-of-way line and shall contain a buffer yard in accordance with § 14-107, Subsection 1, herein.
E.
Off-Street Parking Requirements.
F.
Open Space Requirements.
(1)
Not less than 10% of the total land area shall be provided for
usable open space. Such space shall be so located as to be free of
traffic hazards and should, where the topography permits, be centrally
located and easily accessible to all park residents.
(2)
Such open space shall be maintained with a durable vegetative
cover that is capable of preventing soil erosion and the emanation
of dust during dry weather.
G.
Stormwater Management.
(1)
The ground surface in all parts of a park shall be graded and
equipped to drain surface water in a safe, efficient manner. Where
necessary, storm sewers, culverts and related facilities shall be
provided to permit the adequate drainage of all locations within the
park.
(3)
All stormwater facilities shall be kept completely separate
from any sanitary waste facilities.
H.
Park Areas for Nonresidential Uses. No part of the manufactured home park shall be used for a nonresidential purpose, except such uses that are specifically required for the direct servicing and well being of park residents, for management and maintenance of the park, or those uses permitted by applicable provisions of Chapter 27, Zoning.
[Ord. 283, 9/11/1985, § 7; as amended at time of adoption of Code
(see Ch. AO)]
1.
In a manufactured home park, all improvements, construction requirements and engineering specifications for the improvements required shall be provided in accordance with Part 6 of Chapter 22, Subdivision and Land Development, and shall also provide the following additional improvements:
A.
Buffer Yard. A suitably screened or landscaped buffer yard of at least 10 feet wide, approved by the Planning Commission, shall be provided by the developer along all of the property lines separating the manufactured home park from adjacent land uses and public streets. Said buffer yard shall be planted with dense screen plantings as specified in Chapter 27, Zoning.
[Ord. 283, 9/11/1985, § 8]
[Ord. 283, 9/11/1985, § 9; as amended at time of adoption of Code
(see Ch. AO)]
[Ord. 283, 9/11/1985, § 10; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
1.
An adequate and safe sewerage system shall be provided in all parks
for conveying and disposing of sewage from manufactured homes, service
buildings and other accessory facilities. Such system shall be reviewed
and approved by the Pennsylvania Department of Environmental Protection
and the Lower Swatara Township Municipal Authority prior to plat approval.
2.
Individual Sewer Connections.
A.
Each manufactured home lot shall be provided with at least three-inch-diameter
sewer riser pipe. The sewer riser pipe shall be so located on each
sand that the sewer connection to the manufactured home drain outlet
will approximate a vertical position.
B.
Building sewer drains and laterals shall conform to Lower Swatara
Townships Municipal Authority's current construction specifications
and the adopted codes of the Pennsylvania Uniform Construction Code,
as amended from time to time.
C.
Provision shall be made for plugging the sewer riser pipe when a
manufactured home does not occupy the lot. Surface drainage shall
be diverted away from the riser. The rims of the riser pipe shall
extend at least six inches above ground elevation.
3.
Sewage Treatment and/or Discharge. When a private sewage disposal
system is proposed to service a manufactured home park, the proposed
system shall be in compliance with the Pennsylvania Department of
Environmental Protection specifications and approved by the sewage
enforcement officer or acting representative prior to the approval
of plat.
[Ord. 283, 9/11/1985, § 11; as amended at time of adoption of Code
(see Ch. AO)]
1.
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 specifications regulating such systems.
2.
Power Distribution Lines.
A.
All power lines shall be placed underground at least 18 inches below
the ground surface and shall be insulated and specifically designed
for such installation. Such lines shall be located not less than one
foot distance from any other utility lines, facility or installation.
B.
Meter poles shall have a maximum height of six feet, unless floodplain
regulations require a higher height.
3.
Individual Electrical Connections. Each manufactured home lot shall
be provided with an approved disconnecting device and over current
protective equipment. The minimum service per outlet shall be 120/240
volts AC, 100 amperes.
4.
Required Grounding. All exposed non-current-carrying metal parts
of manufactured 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 manufactured
homes or other equipment.
[Ord. 283, 9/11/1985, § 12; as amended at time of adoption of Code
(see Ch. AO)]
[Ord. 283, 9/11/1985, § 13; as amended at time of adoption of Code
(see Ch. AO)]
Any other utility, such as telephone or cable, servicing a manufactured
home park shall be installed underground, as applicable, and maintained
in accordance with the respective utility company specifications regulating
such systems.
[Ord. 283, 9/11/1985, § 14; as amended at time of adoption of Code
(see Ch. AO)]
3.
Structural Requirements for Buildings.
A.
All portions of the structure shall be properly protected from damage
by ordinary use and by decay, corrosion, termites and other destructive
elements. Exterior portions shall be of such materials and be so constructed
as to prevent entrance or penetration of moisture and weather.
B.
All rooms containing lavatory facilities shall:
(1)
Have solid 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 materials.
(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.
[Ord. 283, 9/11/1985, § 15; as amended at time of adoption of Code
(see Ch. AO)]
The storage, collection and disposal of refuse in the manufactured
home park shall be the responsibility of the manufactured home park
owner or manager and 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 all applicable Township
and state regulations.
[Ord. 283, 9/11/1985, § 16; as amended at time of adoption of Code
(see Ch. AO)]
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 comply with
all applicable Township and state regulations.
[Ord. 283, 9/11/1985, § 17; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
1.
Local Regulations. The manufactured home park area shall be subject
to any local fire protection rules and regulations.
2.
Litter Control. Manufactured home park areas shall be kept free of
litter, rubbish and other flammable materials.
3.
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.
4.
Fire Hydrants.
B.
Fire hydrants shall be located within 600 feet of any manufactured
home, service building or other structure in the park and shall be
installed in accordance with all applicable Township specifications.
C.
The park management shall give the Township Code Enforcement Officer
or other authorized Township representative free access to all manufactured
home lots, service buildings and other community service facilities
for inspection purposes.
[Ord. 283, 9/11/1985, § 18; as amended at time of adoption of Code
(see Ch. AO)]
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 manufactured home.
[Ord. 283, 9/11/1985, § 19; as amended at time of adoption of Code
(see Ch. AO)]
1.
It shall be unlawful for the manufactured home park owner or owner,
tenant or custodian of a manufactured home to remove or attempt to
remove from Lower Swatara Township a manufactured home without first
obtaining a permit from the Township Tax Collector. A removal permit
shall be granted upon payment of a fee as previously set by resolution
and submission of the following information:
[Ord. 283, 9/11/1985, § 20; as amended at time of adoption of Code
(see Ch. AO)]
1.
Whenever the Township determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
Part or regulations issued hereunder, notice shall be given of such
alleged violation to the person to whom the permit or license was
issued, as hereafter provided. Such notice shall:
A.
Be in writing.
B.
Include a statement of the reasons for its issuance.
C.
Allow a reasonable time for the performance of any act it requires.
D.
Be served upon the owner or his agent as the case may require; provided,
that such notice or orders shall be deemed to have been properly served
upon such owner or agent when a copy thereof has been sent by certified
mail to his last known address, or when he has been served by such
notice by any method authorized or required by the laws of this state.
E.
Contain an outline of remedial action which, if taken, will effect
compliance with the provision of this Part and regulations issued
hereunder.
F.
Include a statement pursuant to Subsection 1B of this section indicating
the right of any person affected by a notice of violation to a hearing.
2.
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this Part, or regulation issued hereunder, may request a hearing on the matter before the Board of Commissioners; provided, that such person file in the office of the Township a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 10 days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Subsection 5 herein. Upon receipt of such petition the Board of Commissioners 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 commence not later than 10 days after the day on which the petition was filed; provided, that upon application of the petitioner, the Board of Commissioners may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in their judgment, the petitioner has submitted good and sufficient reasons for such postponement.
3.
After such hearing the Board of Commissioners shall make findings
as to compliance with the provision of this Part and regulations issued
hereunder and shall issue an order in writing sustaining, modifying
or withdrawing the notice which shall be served as provided in Subsection
1D herein. Upon failure to comply with any order sustaining or modifying
a notice, the license of the manufactured home park affected by the
order shall be revoked.
4.
The proceedings at such a hearing, including the findings and decision
of the Board of Commissioners 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 Board of Commissioners 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 Board of Commissioners may seek relief therefrom
in any court of competent jurisdiction as provided by the laws of
this commonwealth.
5.
Whenever the Township finds than an emergency exists which requires immediate action to protect the public 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 Part, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon a petition to the Board of Commissioner, shall be afforded a hearing as soon as possible. The provisions of Subsections 3 and 4 herein shall be applicable to such hearing and the order issued thereafter.
[Ord. 283, 9/11/1985, § 21; as amended at time of adoption of Code
(see Ch. AO)]
As to manufactured home parks in existence at the effective
date of this Part, where a literal enforcement of any provision of
this Part would result in unnecessary hardship, the Board of Commissioners
may make such reasonable exception thereto as will not be contrary
to the public interest.
[Ord. 283, 9/11/1985, § 22; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
1.
The Building Codes and Zoning Coordinator shall have the duty and
authority for the administration and general enforcement of the provisions
of this Part as specified or implied herein.
2.
Officials of Lower Swatara Township having regulatory duties and
authorities connected with or appurtenant to the subdivision, use
or development of land shall have the duty and authority for the controlling
enforcement of the provisions of this Part, as specified or implied
herein or in other ordinances of the Township.
3.
The Township shall require that the sewage module and applications
for sewage disposal system permits contain all the information necessary
to ascertain that the site for the proposed system is acceptable in
accordance with the provisions of this Part, the rules and regulations
of the Department of Environmental Protection and the provisions of
other applicable ordinances of the Township.
4.
The approval of a manufactured home park plat or of any improvement
installed or the granting of a permit for the erection and/or use
of a building or land therein, shall not constitute a representation,
guarantee or warranty of any kind or nature by the Township or any
official, employee or appointee thereof of the safety of any land,
improvement, property or use from any cause whatsoever and shall create
no liability upon, or a cause of action against the Township or such
official, employee or appointee for any damage that may result pursuant
thereto.
[Ord. 283, 9/11/1985, § 23; as amended at time of adoption of Code
(see Ch. AO)]
Requests for amendments to this Part shall be made by the applicant
and submitted to the Township Codes and Zoning Office within 14 days
of the regularly scheduled Township Commission meeting. The Planning
Commission shall then review the request and forward their comments
to the Board of Commissioners within 60 days from the date of the
regularly scheduled Planning Commission meeting at which time it was
first reviewed. Only after a public hearing is held pursuant to public
notice as defined by the Pennsylvania Municipalities Planning Code,
Act 247,[1] Article I, as amended, shall the Board of Commissioners
act upon the request.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 283, 9/11/1985, § 24; as amended by Ord. 448, 11/15/2000; and at time of adoption
of Code (see Ch. AO)]
Any person who violates or fails to comply with any or all of
the requirements or provisions of this Part or who fails or refuses
to comply with any notice, order or direction of any officer or employee
of the Township given pursuant to the authority herein conferred shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$300 nor more than $1,000 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
