[Ord. 26, 3/15/1972, § 1]
The legally designated health authority of Pennsylvania or
the Township.
Written approval, in whatever form, as issued by the Pennsylvania
Department of Health, authorizing a person to operate and maintain
a mobile home park.
A parcel of land in a mobile home park, constructed with
the necessary utility connections, patio, and other appurtenances
necessary for the erection thereon of a single mobile home, and for
the exclusive use of its occupants.
A parcel of land under single ownership, which has been planned
and improved for the placement of mobile homes occupied for dwelling
or sleeping purposes and for non-transient use.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A structure housing operational, office, recreational, park
maintenance and other facilities built to conform to required local
standards.
[Ord. 26, 3/15/1972, § 2; as amended by A.O.]
1.
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 Health in
the name of such person for the specific construction, alteration
or extension proposed, and also a permit issued by this Township hereunder.
2.
All applications for permits shall be made by the owner of the mobile
home park or his authorized representative in accordance with the
rules and regulations, Commonwealth of Pennsylvania, Department of
Health, Chapter 4, Article 415, Regulations for Mobilehome Parks,
adopted October 30, 1959, as amended.
3.
A copy of the said Department of Health application shall be concurrently
filed with the Zoning Administrator of the Township and the applicant
shall also submit an application to the same official, using a form
furnished by the Township for a permit to operate a mobile home park
in the Township.
4.
Upon receipt of such application, the Zoning Administrator shall
forthwith inspect the applicant's plans and proposed park to
determine compliance with the provisions of this Part. After favorable
determination of same, and upon being furnished a copy of the permit
issued by the Pennsylvania Department of Health to the applicant,
the Zoning Administrator shall report his findings to the Board of
Supervisors of the Township at a duly convened meeting of the Board.
Upon favorable action by the Board of Supervisors, the Zoning Administrator
shall issue a mobile home park permit to applicant which shall be
valid for a period of one year thereafter.
5.
Renewal permits for a like period shall be issued by said officer
upon furnishing proof by applicant that his park continues to meet
the standards prescribed by the Pennsylvania Department of Health
and this Part.
6.
Each application 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 resolution of the Board of Supervisors. In the event
that the Zoning Administrator 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.
7.
Mobile home parks in existence or approved upon the effective date
of this Part shall be required to meet only the standards of the Pennsylvania
Department of Health as a prerequisite to the issuance of a permit,
and all other minimum standards prescribed herein shall be applicable
only to those parks which are constructed or expanded after the effective
date of this Part.
[Ord. 26, 3/15/1972, § 3]
1.
It shall be unlawful for any person to operate any mobile home park
within the limits of the Township unless he holds a certificate of
registration issued annually be the Pennsylvania Department of Health
in the name of such person for the specific mobile home park. Proof
of such registration shall be furnished to the Zoning Administrator
by no later than February 1, of each year.
2.
Every person holding a certificate shall file note in writing to
the Pennsylvania Department of Health and the Zoning Administrator
of 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 Health, proof of such transfer shall be
furnished the Zoning Administrator of the Township forthwith.
3.
Whenever, upon inspection of any mobile home park, it is determined that conditions exist which are in violation of any provision of this Part, or of any regulations adopted pursuant thereto, the Zoning Administrator shall give notice in writing in accordance with § 14-115 of this Part to the person to whom the certificate was issued, advising him that unless such conditions or practices are corrected within a reasonable period of time, specified in the note, the license to operate in the Township shall be suspended. At the end of such period, such mobile home park shall be inspected and, if such conditions or practices have not been corrected and the licensee has not requested a hearing as provided in § 14-115 the Zoning Administrator shall suspend the license and give notice in writing of such suspension to the person to whom the certificate is issued.
[Ord. 26, 3/15/1972, § 4]
1.
A representative of the Township may inspect a mobile home park at
reasonable intervals, and at reasonable times, to determine compliance
with this Part.
2.
The Zoning Administrator hereby designated as the person to make
such inspections. Another or additional inspectors may also be authorized
to make inspections or additional inspections at the discretion of
the Township Supervisors.
3.
The Zoning Administrator may, at his discretion, give notice for
violations of this Part and issue notice thereof, without express
authority from the Township Supervisors in each instance.
[Ord. 26, 3/15/1972, § 5]
1.
Minimum Park Area. A mobile home park shall have a gross area of
at least five acres.
2.
Site Drainage Requirements. The ground surface in all parts of every
park shall be graded and equipped to drain all surface water in a
safe, efficient manner.
3.
Required Setbacks, Buffer Strips and Screening.
A.
All mobile homes shall be located at least 50 feet from any park
property boundary line abutting upon a public street or highway and
at least 25 feet from other park property boundary lines.
B.
There shall be a minimum distance of 25 feet between an individual
mobile home, including accessory structures attached thereto and common
parking area or other common areas and structures.
C.
All mobile home parks located adjacent to industrial or commercial
land uses shall be required to provide screening such as fences or
natural growth along the property boundary line separating park and
such adjacent nonresidential use. Maintenance of such screening shall
meet the requirements of the Township or Township will engage maintenance
man at cost to owner of park.
4.
Erection and Placement of Mobile Homes.
A.
Mobile homes shall be separated from each other and from other buildings
and structures by at least 25 feet on all sides.
B.
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.
5.
Park Street System.
A.
A safe and convenient vehicular access shall be provided from abutting
public streets and roads.
B.
Access. The entrance road, or area, connecting the park with a public
street or road shall have a minimum pavement width of 36 feet with
a right-of-way of 50 feet.
C.
Internal Roads. Surfaced roadways shall be of adequate width to accommodate
anticipated traffic, and in any case shall meet the following minimum
requirements:
(2)
Roads to be retained and maintained by mobile park owner shall
meet the following minimum requirements:
(3)
Dead end streets shall be provided with a turn-around at the
closed end having an outside roadway diameter of at least 60 feet.
(4)
Within 100 feet of an intersection streets shall be approximately
at right angles. Not more than two streets shall intersect at one
point.
(5)
Paving shall be required only on streets to be dedicated for
Township adoption. All other streets shall meet requirements of inspector.
6.
Off-Street Parking. Off-street parking for at least one motor vehicle
shall be provided at each mobile home lot. Off-street parking areas
for additional vehicles of park occupants and guests shall be provided
at the rate of 1.25 cars per mobile home lot when on-street parking
is prohibited.
7.
Walkways.
A.
General Requirements. All parks shall be provided with safe, convenient,
all-season pedestrian walks 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.
B.
Common Walk System. 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 3 1/2 feet.
C.
Individual Walks. All mobile home lots shall be connected to common
walks, to paved streets, or to paved driveways or parking spaces connected
to a paved street. Such individual walks shall have a minimum width
of two feet.
[Ord. 26, 3/15/1972, § 6]
An adequate supply of water shall be provided for mobile homes,
service buildings and other accessory buildings. Where a public water
supply system of satisfactory quantity, quality, and pressure is available,
connection shall be made thereto and its supply used exclusively.
Where a satisfactory public water supply system is not available,
the development of a private water system shall have the complete
approval of the Pennsylvania Department of Health or other authorities
having jurisdiction.
[Ord. 26, 3/15/1972, § 7]
An adequate and safe sewerage system shall be provided for conveying
and disposing of sewerage from mobile homes, service buildings, and
other accessory facilities. Such system shall be designed, constructed,
and maintained in accordance with the Pennsylvania Department of Health
or local health regulations and shall have the complete approval of
such agencies.
[Ord. 26, 3/15/1972, § 8]
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. All electrical lines, telephone
lines, and cable TV lines shall be placed underground.
[Ord. 26, 3/15/1972, § 9]
All service buildings such as management offices, repair shops,
storage areas, laundry facilities, indoor recreation areas, etc.,
shall be properly protected from damage by ordinary use and by decay,
corrosion, termites, and other destructive elements. Any regulations
of the State of Pennsylvania concerning such structures shall be applied.
[Ord. 26, 3/15/1972, § 10]
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 Health
regulations governing mobile home parks. Refuse collection will comply
with requirements of any permanent dwelling in the Township.
[Ord. 26, 3/15/1972, § 11]
Grounds, buildings and structures shall be maintained free of
rodent and insect harborage and infestation. Extermination methods
and other measures to control insects and rodents shall confirm with
the requirements of the Pennsylvania Department of Health regulations
governing mobile home parks, and shall be under the inspection approved
by the Township.
[Ord. 26, 3/15/1972, § 12]
1.
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.
2.
The size of such recreation areas shall be based upon a minimum of
100 square feet for each lot. No outdoor recreation area shall contain
less than 2,500 square feet.
3.
Recreation areas shall be so located as to be free of traffic hazards
and should, where the topography permits, be centrally located.
4.
Recreation areas shall be maintained to the standards of the Township
Inspection Officer.
[Ord. 26, 3/15/1972, § 13]
1.
The mobile home park shall be subject to the rules and regulations
of the Township fire prevention authority where provided.
2.
Mobile home park areas shall be kept free of litter, rubbish and
other flammable materials.
3.
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.
[Ord. 26, 3/15/1972, § 14; as amended by A.O.]
1.
No mobile home shall be erected in any mobile home park unless a building permit is first obtained in accordance with Chapter 5, Part 1, "Uniform Construction Code," the Township Board of Supervisors, as amended. Before moving into a mobile home, the resident shall obtain a moving permit as required by Chapter 11, Part 2, Moving Permit Ordinance, the Township Board of Supervisors, as amended.
2.
No mobile home shall be removed from its lot without first obtaining
a permit from the Tax Collector of the Township as required by Act
No, 54, 1969, of the Pennsylvania General Assembly. Such permit will
be issued upon payment of a fee in an amount as established, from
time to time, by resolution of the Board of Supervisors, and real
estate taxes assessed against the home and unpaid at time the permit
is requested.
[Ord. 26, 3/15/1972, § 15]
1.
Responsibilities of the Park Management.
A.
The person to whom a license for a mobile home park is issued shall
operate the park in compliance with this Part and shall provide adequate
supervision to maintain the park, its facilities and equipment in
good repair and in a clean and sanitary condition.
B.
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.
C.
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.
D.
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.
[Ord. 26, 3/15/1972, § 16]
1.
Notice of Violation. Whenever the Zoning Administrator determines
that there are reasonable grounds to believe that there has been a
violation of any provision of this Part, 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 (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 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; (E) contain an outline or remedial action which, if
taken, will effect compliance with the provisions of this Part, or
any part thereof, and with the regulations adopted pursuant thereto.
The permittee, who shall not take whatever remedial action necessary
to comply with this Part, will be required to pay for any action taken
by the Board to correct the deficiencies.
2.
Hearing. Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this Part,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Board of Supervisors
of the Township, provided that such person shall file in the office
of the Secretary of the Board of Supervisors of the Township a written
petition requesting such hearing and setting forth a brief statement
of the grounds therefore 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
Township Secretary 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 the 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 Secretary 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 reason for such postponement.
3.
Findings and Order. After such hearing the Board of Supervisors of the Township shall make findings as to compliance with the provisions of this Part and regulations issued thereunder and shall issue and order in writing sustaining, modifying, or withdrawing, the notice which shall be served as provided in Subsection 1. 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.
4.
Record, Appeal. The proceedings of such a hearing, including the
findings and decision of the authority, 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 health or Township authority
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 health or Township authority
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of this commonwealth.
[Ord. 26, 3/15/1972, § 17; as amended by A.O.]
1.
Penalty. Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 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 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
2.
Revocation of 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 Board of Supervisors of the
Township, subject to the right of appeal to the Northampton County
Common Pleas Court in accordance with applicable law.
