[HISTORY: Adopted by the City Council of the City of Westbrook 10-6-1970 (Ch. 21 of the 2007 Code).
Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
A vehicular, portable structure built on chassis of which
wheels are an intrinsic part and are designed to remain so, and said
structure being designed to be used without a permanent foundation
as a dwelling for one or more persons, and provided with a toilet
and a bathtub or shower. A mobile home shall contain not less than
450 square feet of floor area.
That parcel of a mobile home park that provides facilities
for long-term occupancy of a mobile home and designed for the exclusive
use of its occupants.
A contiguous parcel of land that has a minimum area of 25
acres and is plotted for the development of a minimum of 25 mobile
home lots which are to be rented or leased, not sold.
That part of an individual mobile home lot which has been
reserved for the mobile home.
These words are used interchangeably.
A.
No mobile home shall be permitted to locate in a duly licensed mobile
home park which does not meet the minimum standards set forth in Publication
A 119.1 of the United States of America Standards Institute dated
1969, as amended, and subsequent revisions.
B.
Mobile home parks will be authorized for development only in zones where permitted by Chapter 335, Land Use, of the City Code.
C.
This article shall not apply to unoccupied mobile homes held by dealers
as stock-in-trade for sale or resale, or to mobile homes that are
temporarily stored in buildings or garages or not visible from any
public street or way, so long as they remain unoccupied.
D.
This article shall not fully apply to any mobile home park established prior to its effective date; provided, however, that the permit fees and all the health and sanitation requirements herein set forth [§ 216-7E(1) and (2) and F] shall be applicable to such existing mobile home parks, and they shall not be altered or extended except in conformance with all the provisions of this article.
E.
Mobile home parks shall be located on a well-drained site properly graded to ensure rapid drainage and freedom from stagnant pools of water. The site shall not be exposed to objectionable smoke, noise, odors or any other adverse influences, and no portion subject to unpredictable sudden flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards. Site planning should utilize terrain, existing trees and shrubs and rock formations. A stylized pattern should be avoided; innovative park design is encouraged and provided for in § 216-9 of this article.
F.
A minimum of 25 mobile home lots shall be completed and provided
with all utilities, streets, and sidewalks as required by this article
before occupancy of the mobile home park shall be permitted.
G.
A mobile home park shall not exceed a net residential density of
six mobile homes per acre.
H.
The mobile home stand shall provide for practical placement on and
removal from the lot of the mobile home and retention of the home
on the lot in a stable condition and in satisfactory relationship
to its surroundings.
[Added 12-27-1971]
All mobile home units or structures shall meet the minimum standards
set forth in Publication A 119.1 of the United States American Standards
Institute, dated 1971, and subsequent revisions, and unless located
in a mobile home park must comply with the following installation
requirements before they can be used or occupied as a building:
A.
The wheels and undercarriage must be removed, and the mobile home must be placed on a foundation as specified in Subsection A(1) or (2) below:
(1)
Wall-type foundation consisting of a ten-inch-thick poured concrete
wall supported by a twenty-inch-wide by ten-inch-deep footing, the
top of which is at least 4 1/2 feet below grade.
(2)
Slab-type foundation consisting of six-inch reinforced concrete slab
on top of three-foot compacted and drained gravel subbase. An approved
vapor barrier is to be used between the concrete and the subbase.
A masonry wall, mortared or solid, must be constructed between the
slab and the mobile home.
B.
Either type of foundation enumerated in Subsection A(1) and (2) above must be vented. The wall-type foundation must have perimeter footing drains, and the gravel base of the slab-type foundation must have underdrains. All such drains must be connected to the municipal storm sewer system or other appropriate drainageway approved by the Building Inspector.
C.
An accessory building must be provided for storage and the fuel tank
must be screened from view.
D.
The exterior wall of all additions to the mobile home must be constructed
of the same material and have the same appearance as the mobile home.
No person, firm or corporation shall establish, conduct, maintain
or operate a mobile home park unless such person shall first obtain
a permit issued annually by the Building Inspector. Existing mobile
home parks must apply for and be granted a permit prior to July 1,
1971.
A.
The Building Inspector, upon written application of any person, may issue or renew mobile home park permits to any such person upon compliance with the provisions of this article. The fee is set forth in Chapter A400, Master Fee Schedule.
B.
The applicant shall file with the application proof of ownership
of the premises or of a lease or written permission from the owner.
C.
Initial application for new or existing mobile home parks shall be accompanied by a preliminary plan in accordance with § 216-5A of this article.
D.
The application for a permit to operate a new mobile home park or to expand an existing mobile home park shall be subject to the prior approval of the design by the Planning Board. Existing mobile home parks may be issued a permit by the Building Inspector, provided such parks conform with all the health and sanitation requirements, referred to in § 216-2E of this article, even though such existing parks do not meet the design standards hereinafter set forth in this article; however, no existing mobile home park may be expanded until detailed plans are submitted to and approved by the Planning Board for the upgrading of the entire mobile home park in accordance with the provisions of this article.
E.
The making of extensions or alterations without prior approval of
the Building Inspector shall be cause of immediate revocation of the
mobile home park permit.
A.
Preliminary plan.
(1)
General. A preliminary plan of a mobile home park shall be submitted
to the Planning Board by the mobile home park developer. The Planning
Board shall request a report from the City Engineer in regard to grades,
feasibility of drainage and sewering, and character of road surfacing.
The submission of such a preliminary plan will enable the developer,
the Planning Board, other municipal agencies, and owners of property
abutting the proposed or existing mobile home park to discuss and
clarify the details of the development before a definitive plan is
prepared. In submitting a preliminary plan, the developer shall give
written notice by delivery or registered mail, to the City Clerk,
stating the date of submission of such preliminary plans.
(2)
Contents.
(a)
The preliminary plan shall be drawn on tracing paper at a suitable
scale; three prints shall be filed with the Planning Board. Said preliminary
plan shall show sufficient information about the development to form
a clear basis for discussion of its various aspects and for the preparation
of the definitive plan. Such plan shall be clearly labeled as preliminary
plan. The preliminary plan shall show the following information:
[1]
Development name, boundaries, North point, date and scale.
[2]
Names of the record owner, developer, and designer, engineer
or surveyor.
[3]
Names of all abutters as they appear in the most recent tax
list.
[4]
Existing and proposed lines of streets, ways, easements and
any public areas within the development (in general manner).
[5]
Approximate boundary lines of proposed lots, with approximate
areas and dimensions of each.
[6]
Names, approximate locations, and widths of adjacent streets.
[7]
Topography of the land (in a general manner).
[8]
Layout of storm drainage, water supply and sanitary sewer systems.
(b)
It is recommended that, before submitting plans for preliminary
approval, the developer consult with the City Engineer, the Portland
Water District and the Sewer Division of the City Department of Public
Services regarding their requirements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Tentative approval. When a preliminary plan is submitted, the Planning
Board shall give such preliminary plan its tentative approval, with
or without modification, or its disapproval within 30 days from the
date of submission. Such tentative approval does not constitute the
approval of any definitive plan that may be developed and submitted
subsequently.
B.
Definitive plan.
(1)
General.
(a)
Upon submission of a definitive plan of a mobile home development
to the Planning Board for approval, the developer shall file with
the Planning Board the following:
[1]
A transparent master copy of all sheets comprising the definitive
plan, a reproducible copy and three clearly legible contact prints
thereof. The original drawing or master copy, whichever is submitted,
will be returned after approval or disapproval. The reproducible copy
and contact prints become the property of the City.
[2]
A properly executed application, including a statement of the
time within which the required construction of ways and the installation
of municipal services will be completed. The time shall not be greater
than two years from the date of approval of the definitive plan unless
subsequently extended by the Planning Board, in writing.
[3]
An agreement to pay costs for advertising for public hearing
and for postage of mailed notices of public hearing. Check shall be
payable to the Treasurer of the City.
[4]
A certified check in the amount set forth in Chapter A400, Master Fee Schedule, which amount shall be refunded after submission of a certificate from a surveyor acceptable to the Planning Board, certifying that boundary monuments have been accurately installed.
[5]
A certified check in the amount set forth in Chapter A400, Master Fee Schedule, as security for the later submission to the Planning Board of an accurate record plan and profile (original ink drawings on linen or transparent copies on linen of drainage lines and structures, water mains and appurtenances) as actually installed with sufficient ties for proper identification. Upon acceptance by the Planning Board of the required plans, the amount deposited shall be refunded.
(b)
The applicant shall file by delivery or registered mail a notice
with the City Clerk stating the date of submission for such approval,
accompanied by a copy of the completed application. The installation
of utilities and the construction of the way or ways specified on
the definitive plan must conform to the requirements of the City Engineer,
the Portland Water District and the Sewer Division of the City Department
of Public Services. Therefore, it is respectfully recommended that
the developer consult with the aforementioned or any other prior to
drafting the final plans for submission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Contents. The definitive plan shall be prepared by an engineer or
land surveyor. If the definitive plan requires design of public works
facilities, such as streets, storm drainage system, sanitary systems,
and so forth, the design and supervision of construction shall be
performed by a professional engineer of the state. The definitive
plan shall be submitted as an original, clearly and legibly drawn
on black India ink upon tracing cloth or as a reproducible copy on
tracing cloth. The plan shall be at a scale of one inch equals 40
feet or such other scale as the Planning Board may accept in order
to show details clearly and adequately. Sheet sizes shall preferably
not exceed 24 inches by 36 inches. If multiple sheets are used, they
shall be accompanied by an index sheet showing the entire mobile home
development. The definitive plan shall contain the following information:
(a)
Development name, boundaries, North point, date, scale, zone
of development and abutting land and locus map showing Assessor's
map and lot number.
(b)
Name and address of record owner, developer, and engineer or
surveyor.
(c)
Names of all abutters as they appear in the most recent tax
list.
(d)
Lines of existing and proposed streets, ways, lots, easements
(including purposes for which such are established) and public or
common areas within the development. The proposed names of streets
shall be shown in pencil until approved by the Planning Board.
(e)
Sufficient data to determine the location, direction, and length
of every street and way line, lot line, and boundary line, and to
establish these lines on the ground. Boundary surveys shall be tied
to the Maine Coordinate System.
(f)
Location of all permanent monuments properly identified as to
whether existing or proposed.
(g)
Location, names, and present widths of streets bounding, approaching
or within reasonable proximity of the development.
(h)
Suitable space to record the action of the Planning Board and
the signatures of the members of the Planning Board (or such persons
as are officially authorized).
(i)
Existing and proposed topography at a suitable contour interval
and areas with poor drainage, as required by the Planning Board.
(j)
Either on the same sheet as the plan of the new way or ways
or on a separate sheet or sheets, the existing profile on the center
line and on both exterior lines and the proposed profile on the center
line of the new way at a horizontal scale of one inch equals 40 feet,
and a vertical scale of one inch equals four feet, or such other scale
acceptable to the Planning Board. All elevations shall refer to mean
sea level.
(k)
Proposed layout of storm drainage, water supply, fire hydrants
and sanitary sewer systems (in accordance with specifications of the
Sewer Division of the City Department of Public Services and the Portland
Water District).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(l)
Either on the same plan or a separate plan, show the outlines
of mobile home stands and existing or proposed buildings as well as
all existing and new trees, planting, lawn areas, and any other information
necessary to indicate the extent of planting.
(m)
Bench marks and ties to the Maine Coordinate System shall be
furnished by the office of the City Engineer to the developer's engineer
to within 1,000 feet of the proposed development.
(3)
Performance guarantee. Before approval of a definitive plan of development the developer shall agree to complete the required improvements specified in § 216-7. The Planning Board shall require that completion of such construction be secured by the following procedure:
(a)
The developer shall either file a performance bond with corporate surety duly authorized to write surety bonds and regularly engaged in such business or deposit money or negotiable securities in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements specified in § 216-7. The amount of the bond or deposit shall be based upon cost estimates or required work approved by the City Engineer.
(b)
The bond or security shall not be released by the Planning Board
until it has established that the work required has been completed
in accordance with the approved plans and has been inspected and found
satisfactory according to the standards hereinafter established. The
amount of the security or the penal sum of any such bond may, from
time to time, be reduced by the Planning Board, and the obligations
of the parties thereto released in whole or in part by said Board,
provided that any reduction or release shall be commensurate with
the portion of the work completed.
(c)
Bond is required before any work can be started and before any
lot can be leased or rented.
(4)
Review by City Engineer.
(a)
Before a mobile home development may be approved by the Planning
Board, the City Engineer shall submit a report to the Planning Board
with respect to the grades, feasibility of drainage and sewering,
and character of road surfacing.
(b)
If the City Engineer questions whether any part of the land
in the development can be used as a building site without endangering
the health and welfare of the occupants because of conditions of flooding
or inadequate sewage disposal or water supply, he shall so notify
the Planning Board, in writing. Any approval of the plan by the Planning
Board shall then only be given on condition that the land as to which
such questions exist shall not be built upon or occupied without prior
consent of the City Engineer; said condition shall be recorded on
the plan specifying the lots or land to which it applies.
(c)
Any lot so located that it cannot be served by a connection to a public sewer system shall be provided with an approved private sewage disposal system as defined in the Maine State Plumbing Code, as amended, and in conformance with Chapter 335, Land Use, of the City Code. It shall be of specification satisfactory to the Planning Board and to the City Engineer. The Board may request a report from the Health Officer and Plumbing Inspector before granting approval to the plan including said lots.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Any lot so located that it cannot be served by a connection
to a public water system shall be provided with a source of water
satisfactory to the Planning Board. Before granting approval to a
plan including such lots, the Planning Board shall establish whatever
requirements are necessary in order to ensure a suitable water supply.
The Planning Board may request a report from the Health Officer of
the City in regard to the suitability of such water supply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Public hearing. Before approval of the definitive plan is given,
a public hearing shall be held by the Planning Board, notice of which
shall be given at the expense of the applicant at least 10 days prior
thereto by advertisement in an official publication, or in a newspaper
of general circulation in the City. Copies of said notices shall be
mailed by the Planning Board by certified mail at the expense of the
applicant to the applicant and to owners of land within 500 feet of
any portion of the land included in such plan, as appearing in the
most recent tax list,
(6)
Lot size and setback requirements.
(a)
Each individual mobile home lot shall be not less than 7,000
square feet in area, and shall be not less than 70 feet wide and 100
feet deep. Each corner shall be clearly marked with an iron or other
permanent marker.
(b)
No mobile home shall be located less than 20 feet from the side
and rear lines of an individual mobile home lot, and there shall be
a minimum side and end clearance of 40 feet between adjacent mobile
homes.
(c)
No mobile home shall be located closer than 20 feet to a street
or service building within the park.
(d)
All mobile homes shall be located at least 100 feet from all
mobile home park boundary lines.
(7)
Certificate of approval.
(a)
The action of the Planning Board in respect to the definitive
plan shall be by vote, copies of which shall be certified and filed
with the City Clerk and sent by delivery or registered mail to the
applicant. If the Planning Board modifies or disapproves such plan,
it shall state in its vote the reasons for its actions. Approval,
if granted, shall be endorsed on the definitive plan finally accepted
by the signatures of a majority of the Planning Board or by the signatures
of the persons officially authorized by the Planning Board.
(b)
The failure of the Planning Board to issue a written notice
of its decision directed to the applicant within 60 days after the
definitive plan has been submitted constitutes its disapproval. An
appeal may be taken from the decision of the Planning Board to the
Superior Court as provided in Title 30-A of the Maine Revised Statutes.
The approval of a development shall be based on its compliance with
municipal ordinances, including the provisions herein, and its general
reasonableness. Final approval of the definitive plan does not constitute
the laying out or acceptance by the City of streets within the mobile
home park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(8)
Record plan of utilities. An accurate record plan and profile shall
be submitted to the Planning Board after completion of the construction,
showing drainage lines and structures, water mains and appurtenances,
as actually installed with sufficient ties for proper identification,
within one year after completion.
A.
Streets.
(1)
Location and alignment.
(a)
All streets in the mobile home development shall be designed
so that they will provide safe vehicular travel and convenient access
from abutting public streets or roads to each mobile home lot. Due
consideration shall also be given by the developer to the attractiveness
of the street layout in order to obtain the maximum livability and
amenity of the development.
(b)
The proposed mobile home park streets shall conform in so far
as is practicable to the master or study plan as adopted in whole
or in part by the Planning Board.
(c)
Provisions satisfactory to the Planning Board shall be made
for the proper projection of mobile home park streets, or for access
to adjoining property which is not yet subdivided or developed.
(d)
Reserve strips prohibiting access to new ways established under
this article from adjoining property in the same or different ownership
shall not be permitted, except where such strips shall be determined
to be in the public interest.
(e)
Street jogs at intersections with center line offsets of less
than 125 feet shall be avoided.
(f)
The minimum center line radius of curved streets shall be 125
feet. Greater radii may be required for principal streets.
(g)
Streets shall be laid out so as to intersect as nearly as possible
at right angles. No street shall intersect any other street at less
than 60°.
(h)
Mobile home park lot lines at street intersections shall be
rounded or cut back to provide for a lot line radius of not less than
20 feet. Greater radii may be required by the Planning Board where
deemed necessary for present and future vehicular travel.
(2)
Width. The minimum width of rights-of-way of streets shall be 50
feet.
(3)
Street cross section. All streets shall have the following:
(a)
Two ten-foot lanes for travel.
(b)
Two eight-foot lanes for parking; one such lane may be omitted
on one side of the new way in instances in which the Planning Board
determines that the probable volume of traffic is sufficiently low
as to make it reasonable to restrict parking to one side of the street
only.
(4)
Grade. Grades of streets shall not be less than 0.5% nor more than
6% except where the Planning Board determines a greater grade is required
due to unusual topographic conditions, in which case grades up to
12% may be permitted.
(5)
Dead-end streets. The use of dead-end streets in any development
shall be kept to an absolute minimum, and they shall conform to the
following provisions:
(a)
The maximum length shall be 1,000 feet.
(b)
Dead-end streets shall be provided at the closed end with a
turnaround having an outside diameter of not less than 100 feet. The
width of the paved roadway may be reduced within the turnaround to
22 feet. Other provisions for turning around may be used with the
approval of the Planning Board.
(6)
Street names. Street names shall be subject to the approval of the
Planning Board.
B.
Easements.
(1)
Easements for utilities across lots or centered on rear or side lot
lines shall be provided where necessary and shall be at least 20 feet
wide.
(2)
Where a development is traversed by a watercourse, drainageway, channel
or stream, the Planning Board may require that there be provided a
stormwater easement or drainage right-of-way of adequate width to
conform substantially to the lines of such a watercourse, drainageway,
channel or stream.
C.
Open space. Before approval of a plan, the Planning Board shall require
a developer to establish a park or recreation area suitably located
so as to serve the development. The area of such park and recreation
facilities shall be reasonably related to the land being developed,
the proposed use of such land, and the intensity of such use. Not
less than 8% of the gross mobile home park area shall be devoted to
park and recreational use. Recreational facilities shall include playgrounds
and may include swimming pools and community buildings. Drinking fountains
shall be provided in or near park or play areas.
D.
Protection of natural resources. Due regard shall be shown for the
preservation of all natural features, such as large trees, watercourses,
bodies of water, scenic points, historic spots, unusual topographical
features, and similar community assets, which, if preserved, will
add attractiveness and value to the mobile home park development.
E.
Off-street parking. Off-street parking in all mobile home parks shall
be furnished at the rate of at least 1.5 car spaces for each mobile
home. Parking spaces shall be paved and shall be located at a distance
not to exceed 200 feet from the mobile home that they are intended
to serve. Each space shall be at least nine feet by 20 feet long.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Maine Department of Transportation specifications, current
revision, as modified by the office of the City Engineer or herein,
shall be used as minimum specifications. Alternates using equivalent
or better specifications may be submitted to approval to the Planning
Board.
A.
Streets and roadways.
(1)
The area of each right-of-way shall be first cleared of all stumps,
roots, brush and perishable materials, except trees, shrubs and so
forth intended for preservation.
(2)
All loam, loamy material, and clay shall be removed from the full
length and width of the street, inclusive of sidewalks, to such depths
as may reasonably be required by the City Engineer.
(3)
All streets shall be brought to a finished grade as shown on the
profiles of the definitive plan with gravel as specified below to
a width of 36 feet, or to such width as is approved by the Planning
Board. Crown shall be a minimum of 1/4 inch per foot.
(4)
The entire area of the roadway shall be graded to a subgrade of not
less than 12 inches below the finished grade as shown on the plan,
profile, and cross section hereinbefore mentioned. Any fill in subgrade
shall be of a subsoil of good bearing characteristics, free from loam,
vegetation, decayed matter, peat or other comprehensive material.
Large rocks and boulders shall not be used where the diameter of the
boulder is greater than 1/2 of the depth of the fill nor shall boulders
be used near the surface of the subgrade. Fill in subgrade be placed
in layer of 12 inches thickness wherever practicable; each layer shall
be well-compacted.
(5)
The base course shall be a minimum of 12 inches compacted in thickness
of gravel borrow consisting of hard, durable stone and course and
practically free from loam and clay uniformly graded and containing
no stone having any dimension greater than 2 1/2 inches. Grading
of gravel shall conform to the requirements of the City Engineer.
(6)
The pavement surface shall consist of a minimum of two inches of
hot bituminous pavement, grading "C" per State of Maine Specifications.
No bituminous paving shall be done during rainy weather or when weather
conditions as to temperature or otherwise are, in the opinion of the
City Engineer, unfavorable for obtaining satisfactory results. The
wearing surface shall be allowed to seal for 24 hours without traffic.
(7)
Adequate disposal of surface water shall be provided. Catch basins
shall be built in conformity with specifications of the City Engineer.
Drain lines shall be installed to conduct surface water to stream
courses or other drainage outlets permanently secured by proper legal
documents.
B.
Sidewalks.
(1)
Sidewalks may be required on both sides of each new way except where,
in the judgment of the Planning Board, the projected use does not
require sidewalks on more than one side. Sidewalks within the mobile
home park shall be of not less than three feet in width. In general,
the finished grade shall be at least six inches above the adjacent
roadway. The entire area of the sidewalk shall be graded to a subgrade
of not less than 10 inches below the finished grade and shall be graded
with at least eight inches of gravel, thoroughly compacted. Wearing
surface shall be of suitable material approved by the City Engineer
and the Public Services Department.
(2)
Paved walkways not less than two feet in width shall connect each
mobile home stand to a paved sidewalk, to a paved parking area, to
a paved street, or to a paved driveway connecting to a paved street.
Walkways may be of paving stone, brick pavers, or concrete block to
facilitate relocation.
C.
Curbing.
(1)
Curbing shall be required on both sides of all streets. Bituminous
concrete, granite or 2,500 psi concrete curb shall be provided. Granite
or concrete may be required where, in the judgment of the Planning
Board and City Engineer, such curbs are necessary to prevent damage
to curbing or to control erosion. Curbing shall conform to the specifications
of the Public Services Department. Paving and base construction shall
be extended the full width under bituminous concrete curbing.
(2)
Concrete curbing may be either precast or poured in place, with expansion
joints at least every 20 feet. Granite and concrete curb shall have
cross sections conforming to the specifications of the Public Services
Department and shall be set on at least eight inches of compacted
bank gravel. Air entrainment shall be used for concrete. Sloped granite
curbing may be used with cross section of approximately four inches
by 12 inches.
D.
Planting spaces. Planting spaces or esplanades of at least three
feet in width may be provided on both sides of the roadway except
where, in the judgment of the Planning Board, projected use does not
require such planting spaces. They shall be graded with at least eight
inches of compacted loam. Seeding with lawn grass shall be done after
building construction has been completed on the particular lots adjacent.
E.
Utilities.
(1)
Water supply.
(a)
Where public water service is available, water pipes and related
equipment, such as hydrants and main shutoff valves, shall be constructed
to serve all lots on each street in the mobile home park in conformity
to specifications of the Portland Water District and the City. A water
main of at least eight inches in diameter shall be installed in the
street.
(b)
A water main of less than eight inches in diameter may be approved as provided in Chapter 281, Article II, Street Construction and Improvements, of this Code. Water service lines shall be extended from the main to each property line before the street is surfaced. Shutoff valves to each lot shall be located in the planting spaces within the right-of-way. All utility trenches shall be filled with bank gravel, carefully compacted. Such pipes and related equipment shall either be installed by the Portland Water District or be of specifications approved by said District.
(c)
When a public water supply is not available, a private supply
may be developed and used subject to approval by the City Health Officer
and the State Department of Health and Human Services.
(d)
The water supply shall be capable of delivering a minimum of
150 gallons per day per mobile home.
(e)
Every well or suction line of the water supply system shall
be located and constructed in such a manner that neither underground
nor surface contamination will reach the water supply from any source.
(f)
The water supply system shall be connected to all mobile homes,
buildings, and other facilities requiring water in such a manner as
to prevent freezing of the pipes. The mobile home connection shall
consist of a riser terminating at least four inches above the ground
surface, with two three-fourths-inch valve outlets. The outlets shall
be threaded so that a connection can be made from one outlet to the
mobile home water piping system and the other connection can serve
a garden hose.
(g)
All water piping, fixtures and other equipment shall be constructed
and maintained in accordance with all applicable state and local regulations
and shall be of a type and in locations approved by the Building Inspector.
(2)
Sewage.
(a)
Where public mains are available, sanitary sewer lines and related
equipment, such as manholes and connecting wyes shall be constructed
to serve all lots on each street in the development in conformity
with specifications of the Sewer Division of the City Department of
Public Services. Sewer lines shall be extended from the main to each
lot line before the street is surfaced. Such sewer lines and related
equipment shall either be installed by the Sewer Division of the City
or to specifications approved by said Division.
(b)
A mobile home park, any part of which is further than 500 feet from an existing public sewer with available capacity and which does not connect with the public sewer, must be provided with an approved private sewage disposal system as defined in the Maine State Plumbing Code, as amended, and in conformance with Chapter 335, Land Use, of the City Code. It shall be of specifications satisfactory to the Planning Board and to the City Engineer.
(c)
Each mobile home lot shall be equipped with at least a three-inch
sewer connection located so as to provide a suitable connection from
the home with a continuous grade which is not subject to surface drainage.
Provisions shall be made to plug the connection when a mobile home
does not occupy the space.
(3)
Electrical and communication distribution system.
(a)
Every mobile home park shall contain an electrical wiring system
consisting of wiring, fixtures, equipment and appurtenances which
shall be installed and maintained in accordance with all applicable
state and local codes and regulations governing such systems. All
facilities shall be approved by the Electrical Inspector.
(b)
Wherever soil conditions permit, all electrical and communication
distribution facilities may be located underground.
(c)
Adequate lights shall be provided to illuminate streets, driveways,
and walkways for the safe movement of vehicles and pedestrians at
night.
F.
Refuse and garbage disposal.
(1)
The storage, collection, and disposal of refuse and garbage 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.
(2)
All refuse shall be stored in fly-tight, watertight, rodent-proof
containers, which shall be located not more than 150 feet from any
mobile home lot. Containers shall be provided in sufficient number
and capacity to properly store all refuse and garbage in separate
containers.
(3)
Refuse and garbage collection stands shall be provided for all containers.
Such stands shall be so designed as to prevent containers from being
tipped.
(4)
Where municipal collection service is not available, the mobile home
park licensee shall be responsible for the collection of all refuse
and garbage at least once a week, which shall be transported in covered
vehicles or covered containers to municipal refuse or garbage disposal
areas.
G.
Fuel supply and storage.
(1)
Natural gas and liquefied petroleum gas systems shall comply with
all applicable codes and regulations. Installation of systems shall
be subject to inspection and approval by the Fire Chief.
(2)
All fuel oil supply systems shall be constructed and installed in
each mobile home lot in accordance with all applicable codes and regulations.
Installation of the system shall be subject to inspection and approval
of the Fire Chief.
H.
Storage facilities.
(1)
Storage facilities on or conveniently near each mobile home lot shall
be provided for the storage of often-used outdoor equipment, furniture
and tools and for the storage of such other material as is used only
seasonably or infrequently by the typical tenant and cannot be conveniently
stored in the typical mobile home.
(2)
When storage facilities are required by a mobile home tenant, the
mobile home management shall furnish storage space located not more
than 100 feet from the tenant's stand. Storage space shall be a minimum
of 90 cubic feet for each tenant in a suitable weather-resistant structure
built in accordance with the provisions of the Westbrook's Building
Code and acceptable to the Building Inspector.
I.
Monuments. Granite or reinforced concrete monuments in accordance with the specifications of Chapter 281, Article II, Street Construction and Improvements, of this Code shall be installed at least on one side of the right-of-way, at all street intersections, at all points of change in direction or curvature of streets, and at other points where, in the judgment of the Planning Board, permanent monuments are necessary. Such monuments shall be set to conform to the specifications of the Public Services Department. No permanent monuments shall be installed until all construction which would destroy or disturb the monument is completed.
J.
Trees. Every effort shall be made to preserve the existing trees
in the right-of-way and on the mobile home lots. Filling shall be
done in such manner as to preserve the trees wherever possible.
K.
Cleaning up. Upon completion of all work on the ground, the developer
shall remove from the streets and adjoining property all temporary
structures and all surplus material and rubbish which may have accumulated
during construction, and shall leave the area in a neat and orderly
condition.
A.
Responsibilities of park management.
(1)
The person to whom a permit to operate a mobile home park is issued
shall operate the park in compliance with this article, and shall
provide adequate supervision to maintain the park, its facilities
and equipment in good repair and in clean and sanitary condition.
(2)
The park management shall notify park occupants of all applicable
provisions of this article and inform them of their duties and responsibilities
thereunder.
(3)
A mobile home shall not be occupied for dwelling purposes unless
it is properly placed on a mobile home stand and connected to water,
sewerage, and electrical utilities. The park management shall be responsible
for the proper placement of each mobile home on a mobile home stand
and for the proper installation of all utility connections. The management
shall also be responsible for the disconnection of all utilities prior
to the departure of a mobile home.
(4)
The park management shall maintain a register containing the names
of all park occupants. Such register shall be available to any civil
authority inspecting the park.
(5)
The license certificate shall be conspicuously posted in the office
of or on the premises of the mobile home park at all times.
(6)
The park management shall be responsible for notifying the Assessor
of the arrival or impending departure of any occupied mobile home
or change of ownership that occurs within the park as soon as it becomes
aware of the change. The park management shall also be responsible
for providing the Assessor with either a copy of the bill of sale
or a form acceptable to the Assessor that includes at least the following,
information: the names of the prior and new owners, the sale price
of' the mobile home, the date of the sale, and the location of the
mobile home within the park. If the address of the new owner is other
than the location of the mobile home in the park, that information
shall also be provided to the Assessor.
[Amended 1-24-2022 by Ord. No. 2022-4]
(7)
No park shall permit the entrance of a mobile home having an evaporating
type of heating or cooking facility.
(8)
The park management shall be responsible for maintaining the streets,
sidewalks, and parking areas in good condition, and shall be responsible
for prompt snow and ice removal from the streets and parking areas.
Streets must be adequately plowed to permit free and ready vehicular
access to all occupied lots.
(9)
Mobile home stands shall be well-drained and shall provide an adequate
foundation for the placement of a mobile home. Stand foundations shall
be of such construction as to prevent heaving, shifting, erosion or
settling and shall be free of all combustible material.
(10)
The park management shall furnish and maintain storage facilities
for each tenant designed in a manner to enhance the appearance of
the development.
(11)
The park management shall furnish and keep all playground equipment
in a well-maintained and safe condition.
B.
Responsibilities of park occupants.
(1)
The park occupant shall comply with all applicable requirements of
this section, and shall maintain his mobile home lot, its facilities
and equipment in good repair and in a clean and sanitary condition.
(2)
All individual mobile homes shall be equipped with noncombustible
skirting, and shall be set on noncombustible blocking, piers, or supports.
(3)
No owner or person in charge of a dog, cat or other pet animal shall
permit it to run at large or to commit any nuisance in the park.
(4)
Park occupants shall be responsible for keeping their respective
premises in neat and orderly condition; they shall not permit trash,
litter, garbage, or other refuse to accumulate and become a nuisance.
Notwithstanding other provisions of this article relating to
space, bulk, and use, the Planning Board, in reviewing plans for proposed
mobile home parks, may modify said provisions related to space, bulk,
and use to permit innovative approaches to environmental design in
accordance with the following standards:
A.
The purpose and intent of this article shall be upheld.
B.
There shall be compliance with all state and local codes and ordinances.
C.
There shall be no approval of any proposed new or expanded mobile
home park which exceeds the net residential density set forth in this
article. For the purposes of this article, net residential density
shall be established by the area of residual space available for mobile
home development after deduction of vehicular rights-of-way and land
not developable because of drainage, subsurface conditions or other
natural impediment.
D.
Front yard set back requirements may not be modified by a reduction
of more than 50%.
E.
Minimum side yard requirements may not be modified by a reduction
of more than 50%.
F.
Frontage requirements shall not be modified by a reduction of more
than 35%.
G.
Each building and mobile home stand shall be an element of an overall
plan for site development.
H.
Where possible, mobile home stands shall be oriented with respect
to scenic vistas, natural landscape features, topography, and natural
drainage areas.
I.
Development proposals shall include a landscape program to illustrate
the proposed treatment of space, roads, paths, service and parking
areas. Screening devices shall not impair pedestrian and vehicular
safety.
J.
All utilities shall be installed underground wherever possible. All
transformer boxes, substations, pumping stations, and meters shall
be located and designed as not to be unsightly or hazardous to the
public.
K.
Residual open space accumulated by modifying space and bulk requirements
within the allowable density limits shall be allocated to the recreational
amenity and environmental enhancement of the mobile home park and
shall be designated as such on the site plan for the proposed development.
L.
After approval of a proposed mobile home park, there shall be no
further subdivision of land within the proposed development which
will increase the allowable net density.
A.
Variation. Strict compliance with the requirements of these rules
and regulations may be waived when, in the judgment of the Planning
Board, such action is in the public interest and not inconsistent
with the intent of this article.
B.
Changes and alterations. No changes or alterations shall be made
in an approved definitive plan without submitting the changes for
approval to the Planning Board. Any alteration in grades, drainage
plans, or other utilities shall be deemed to constitute a change in
the definitive plan.
C.
Enforcement. It shall be the duty of the Building Inspector to enforce
the provisions of this article. If the Building Inspector shall find
any of the provisions of this article are being violated, he shall
notify, in writing, the person responsible for the violations, indicating
the nature of the violation and ordering the action necessary to correct
it. He shall take any other action authorized or required by this
article to ensure compliance with, or to prevent violation of, its
provisions.
D.
Legal action and violation.
(1)
When any violation of any provision of this article shall be found
to exist, the City Solicitor, either on his own initiative or upon
notice from the Building Inspector, is hereby authorized and directed
to institute any and all actions and proceedings either legal or equitable
that may be appropriate or necessary for the enforcement of the provisions
of this article, the same to be brought in the name of the City.
(2)
The Building Inspector may revoke any license to maintain and operate
a mobile home park when the licensee has been found violating any
provisions of this article and such violation has continued for a
period of 30 days after written notice thereof from a municipal inspecting
officer. The license may be reissued when the circumstances leading
to the revocation have been remedied and the park is being maintained
and operated in full compliance with the provisions of this article.
E.
Appeal procedure.
(1)
An appeal may be taken from any order issued by the Building Inspector,
or other municipal inspecting officer, and from the refusal to grant
a permit, to the municipal officers.
(2)
On an appeal, in writing, to the municipal officers, they shall at
their next meeting affirm, modify or set aside the prior order according
to the terms of this article. However, they may permit a variation
from the terms of this article where necessary to avoid undue hardship,
provided that there is no substantial departure from the intent of
this article.
(3)
An appeal from the decision of the municipal officers may be taken
to the Cumberland County Superior Court in accordance with the provisions
of 30-A M.R.S.A. § 2691.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Added 9-24-1990]
Whereas a serious shortage of affordable mobile home park space
in the City has resulted in abnormally high lot rents, and has produced
serious threats to the public health, safety, and general welfare
of the citizens of the community, this article hereby mandates the
establishment of a Mobile Home Lot Rent Justification Board.
[Amended 4-21-1992]
As used in this article, the following terms shall have the
meanings indicated:
A homeowner is being treated differently as to the rent charged,
the services rendered, or an action for possession, or other civil
action being taken by the park owner without reasonable basis for
the difference in treatment.
The sum of total rent received, plus other money generated
as a result of the operation of the park, including, but not limited
to, fees for services plus any bonuses, benefits or payments received
in connection with the use or occupancy of the mobile home unit.
All financial obligations, except user fees, which are required
as a condition of tenancy.
A residential structure, transportable in one or more sections,
which is eight body feet or more in width, over 35 body feet in length
with a hitch, built on an integral chassis, designed to be used as
a dwelling when connected to required utilities, not originally sold
as a recreation vehicle, and included plumbing, heating, air-conditioning,
and electrical systems contained therein.
The written agreement between a mobile home owner and a mobile
home park owner in which the mobile home owner is entitled to place
his mobile home on a mobile home lot for either direct or indirect
remuneration of the mobile home park owner.
A person who owns a mobile home and rents or leases a lot
within a mobile home park for residential use.
An owner or operator of a mobile home park.
The gross income of the mobile home park less the operating
expenses of the park.
Annual expenses reasonably incurred by the mobile home park
owner directly related to the operating of the park for the following
items:
Real estate and personal property taxes;
"Utility costs," defined as electricity, sewer and water, heating
oil and rubbish removal;
Normal repair and maintenance expenses for the grounds and common
facilities, including but not limited to landscaping, cleaning, plowing,
painting and equipment repair;
Operating supplies incurred for administrative and maintenance
purposes;
Administrative expenses, including, but not limited to, the
payroll expenses, and utilities, reasonable and necessary advertisement
costs incurred to ensure occupancy, and legal and accounting expenses
related to the operating of the mobile home park;
Insurance premiums prorated over the life of the policy;
Other taxes, fees and permits (excluding income taxes);
The cost of all fees which are required to be paid to the City under this article or rules and regulations promulgated pursuant to § 216-15B for review of an application which results in the approval of a rental increase or a requested change in park rules, provided that no such costs shall be included in the park's annual operating expenses if the park owner has failed or refused to meet and to engage in good-faith discussions with the tenants' association as provided in § 216-14C of this article;
Capital improvements amortized in accordance with an amortization
schedule approved by or acceptable under general accounting principles
and certified by the park owner's auditors as reflecting the normal
useful life expectancy of that type of capital improvement. In addition,
money placed in reserves for long-term capital improvements may be
treated as operating expense up to 5% of the annual gross income of
the park, provided that the accumulated reserves shall not exceed
30% of the annual gross income of the park and provided that capital
improvements funded from the reserve account shall not also be allowable
on the capital improvement amortization schedule;
Interest expenses for debt resulting from original acquisition
of the park and for subsequent capital improvements to the park. Late
penalties and/or other interest assessed as a result of late payment
or other default by owner shall not be included as an operating expense
for purposes of this article;
Depreciation expenses shall not be treated as operating expenses
for the purpose of this article;
Points and fees incurred by the park owner in refinancing the
debt resulting from original acquisition of the park and in financing
any subsequent capital improvements, said points and fees to be capitalized
and amortized over the term of the loan.
Arbitrary, capricious, or inconsistent with this article.
Those amounts charged in addition to the lot rental amount
for nonessential optional services provided by or through the park
owner to the mobile home owner.
A.
The mobile home park owner shall provide each mobile home owner with
a written mobile home lot rental agreement which shall state the lot
rental amount, the amount of any user fees, and the term of the agreement
and shall have attached a copy of this article.
B.
No lot rental agreement shall contain any rule or regulation prohibited
by this article, nor shall it provide for promulgation of any rule
or regulation inconsistent with this article.
C.
The homeowner shall have no financial obligation to the park owner
as a condition of tenancy, except lot rental amount. The parties may
agree otherwise to user fees which the homeowner chooses to incur.
No user fees shall be charged by the park owner to the mobile home
owner for any services or amenities which were previously provided
by the park owner to the mobile home owner and included in the lot
rental amount unless there is a corresponding decrease in the lot
rental amount.
D.
No lot rental agreement shall be offered by a park owner for a term
less than one year; however, the initial term may be less than one
year in order to permit the park owner to have all rental agreements
within the park commence at the same time. (Thereafter, all terms
shall be for a minimum of one year.) The intention of the park owner
to raise the lot rent within the first year shall be fully disclosed.
E.
The lot rental agreement shall contain the lot rental amount and
a schedule of the services included. An increase in lot rental amount
shall not be arbitrary or discriminatory between similarly situated
tenants in the park.
A.
A park owner shall give written notice to each affected mobile home
owner and the board of directors of the homeowners' association, if
one has been formed, at least 90 days prior to any increase in lot
rental amount or reduction in serves or utilities provided by the
park owner or change in rules and regulations. The notice shall identify
all other affected homeowners by lot number. The homeowners' association
shall have no standing to challenge the increase in lot rental amount,
reduction in services or utilities, or change of rules and regulations
unless a majority of the affected homeowners agree to such representation.
B.
Notice as required by this section shall only be required in the
case of any change in the lot rental amount, any user fee charges,
a reduction in services or utilities, or a change in park rules and
regulations and the effective date thereof.
C.
A committee, not to exceed five in number, designated by a majority
of the affected mobile home owners or by the board of directors of
the homeowners' association, if applicable, shall meet at a mutually
convenient time with the park owner within 30 days of the notice to
discuss the reasons for the change in lot rental amount, user fees,
reduction in services or utilities, or change in rules and regulations.
D.
Within 30 days of the date of the scheduled meeting described in Subsection C, the homeowners may request that the dispute be submitted to the rent justification board, if a majority of the affected homeowners have designated, in writing, that:
(1)
The rental increase is unreasonable;
(2)
The rental increase has made the lot rental amount unreasonable;
(3)
The decrease in services or utilities is not accompanied by a corresponding
decrease in rent or is otherwise unreasonable; or
(4)
The change in the rules and regulations is unreasonable.
[Amended 4-21-1992]
A.
There shall be a Rent Justification Board consisting of five residents
of the City. The Mayor shall appoint, with approval of the City Council,
one member from each of the City's wards. All members shall hold office
for a term of three years, except that initial appointments shall
be staggered so that no more than two terms expire annually.
B.
The Board shall make such studies and investigations, conduct such
hearings and obtain such information as is deemed necessary in promulgating
regulations, rules or orders under this article and administering
and enforcing regulations and orders promulgated hereunder. Any such
rules and regulations adopted by the Board shall be subject to the
approval of the City Council. Mobile home park owners may be required
to furnish any relevant information reasonably required by the Board
and to produce records and other documents and make reports. Such
persons have the right to be represented by counsel. All parties shall
have the right to present relevant testimony or documentary evidence
and shall be allowed to cross-examine opposing parties' witnesses.
C.
The Board after a public hearing shall make such individual or general
adjustments, either upward or downward, in the lot rental amount as
may be necessary to assure that rents are established at levels which
yield to mobile home park owners a fair net operating income from
the mobile home park.
D.
The following factors, among other relevant factors, which the Board
by regulation may define, shall be considered in determining whether
the mobile home park will yield a fair net operating income:
Any person who is aggrieved by any action, regulation or order
of the Board may file a complaint against the Board in the district
court having jurisdiction over the area in which the property is located,
and thereupon, an order or notice shall be issued by such court and
served on the Board as provided in the case of a civil action. Such
district court shall have exclusive original jurisdiction over such
proceedings. All orders, judgments, and decrees of such district court
may be appealed as is provided in the cases of a civil action in such
district court.
