[HISTORY: Adopted by the Board of Supervisors of East Hanover
Township 3-26-2013 by Ord. No.
2013-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "East Hanover
Township Mobile Home and Recreational Vehicle Park Ordinance."
For the purpose of this chapter the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number,
and the word "shall" is always mandatory and not merely directory.
The East Hanover Township Board of Supervisors.
A lot, tract, or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents. [See "recreational
vehicle park (RV park)."]
An area for vehicle turnabout, usually circular, located
at the closed end of a dead end road.
Any area that would be inundated by a flood of such magnitude
that it would occur theoretically at least once in 100 years. For
the purpose of this chapter, the most recent Flood Insurance Rate
Maps issued by the Federal Emergency Management Agency shall be used
to delineate the one-hundred-year floodplain.
All property or parcels of property in a single or unified
ownership regardless of the type or time of acquisition (excluding
acquisition by easement) that are contiguous or abutting upon each
other and which may be in different sections or different government
lots that are not separated from each other by public roads. Provided,
that land in an approved subdivision, each containing only one mobile
home per parcel, will not be considered a mobile home park, even if
under the ownership of the same owner.
A transportable, single-unit structure intended for permanent
occupancy as a single-family dwelling or office, which is contained
in one unit or in two units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and which is constructed so that
it may be used without a permanent foundation.
A lot or area which is planned development and designated
to contain two or more mobile homes for rent or for sale. Parks are
not to be construed to include recreational vehicles.
An area within a mobile home park designated to contain one
mobile home and the necessary utility connections and appurtenances.
Land having value for the following:
An off-street surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways, and maneuvering
space appurtenant thereto.
An open or enclosed area accessible from a street or alley
for parking of motor vehicles for owners, occupants, employees, customers,
or tenants of the principal building or use. Each parking space shall
be not less than 10 feet wide and not less than 20 feet long, exclusive
of all drives, curbs, and turning space.
The East Hanover Township Planning Commission.
Leisure activities which often require equipment and that
take place at prescribed places, sites or fields.
A vehicular-type of portable structure which is 1) built
on a single chassis, 2) 400 square feet or less when measured at the
largest horizontal projection, 3) self-propelled or mounted on or
drawn by another vehicle, and 4) primarily designed as temporary living
accommodations for recreation, camping or travel or seasonal use and
not as a permanent dwelling. The term "recreational vehicle" includes,
but is not limited to, travel trailers, camping trailers, truck campers
and self-propelled motor homes.
A tract of land that is occupied or designed for occupancy
by two or more recreational vehicles for transient dwelling purposes
in accordance with this chapter (including campgrounds).
A parcel of land within an RV park used for placement of
an RV, appurtenant structures or additions.
A facility used for disposing of wastes from recreational
vehicle holding tanks.
A public or private right-of-way which affords the principal
means of access to abutting property.
The East Hanover Township, Lebanon County, Pennsylvania,
acting by and through its Board of Supervisors or other agents.
The duly appointed Engineer of the Township.
A vehicular portable structure built on a chassis (motorized
home, converted bus, tent trailer, tent, or similar device) designed
to be used as a temporary dwelling for travel and recreational purposes.
See "recreational vehicle park (RV park)."
An RV or mobile home.
The requirements of this chapter shall apply to any tract of
land developed under the ownership or management of any person, firm
or corporation for the purpose of locating two or more mobile homes
or RVs. This includes establishing new parks or expanding existing
parks. Mobile home and RV parks shall be separate parks, needing separate
permits.
A.Â
Permits required.
It shall be unlawful for any person to maintain, construct,
alter or extend any mobile home park or RV park within the limits
of East Hanover Township unless he holds a valid permit issued by
East Hanover Township.
B.Â
Renewal permits.
Renewal permits shall be issued by the Board of Supervisors
upon furnishing proof by applicant that his park continued to meet
the standards prescribed by this chapter.
C.Â
The permit shall be conspicuously posted, in the office or on the
premises of the mobile home or RV park at all times.
D.Â
A representative of the Board of Supervisors may inspect a mobile
home or RV park at reasonable intervals, and at reasonable times,
to determine compliance with this chapter.
E.Â
Compliance of existing mobile home parks.
(1)Â
Mobile home and RV parks in existence at the date of adoption of
this chapter and being duly authorized to operate as same by the Township
may be continued so long as they otherwise remain lawful.
(2)Â
Any subsequent new construction, alteration and extension of an existing
mobile home or RV park shall comply with the provisions of this chapter.
F.Â
Individual mobile homes. Individual mobile homes not located in a
mobile home park shall not be required to obtain a mobile home park
permit; however, they shall be required to comply with all other applicable
East Hanover Township ordinances and regulations that govern single-family
homes.
A.Â
Procedure.
(1)Â
The applicant shall apply for a mobile home or RV park permit on
forms provided by the Township, and shall include a site plan and
other information specified in the application form. The application
shall be submitted at least 30 days prior to any regularly scheduled
Township Planning Commission meeting. The applicant shall submit five
copies of the application and site plan.
(2)Â
The Planning Commission shall consider the application at its next
regularly scheduled meeting and shall render a recommendation, or
continue the review to obtain further information. The Planning Commission
may recommend denial, approval or conditional approval of the application.
(3)Â
Recommendations shall be submitted to the Board of Supervisors no
later than 14 days following action by the Planning Commission. Upon
receipt of the recommendations on any mobile home or RV park permit,
the Board shall review the application at its next regularly scheduled
meeting, where it may adopt or reject the recommendations of the Planning
Commission.
(4)Â
Approval of the application shall be effective for two years from
the date of the approval by the Board. An applicant who files a written
request with the Township Secretary at least 30 days before the expiration
of the two-year period, shall be granted one one-year extension upon
showing that the applicant has attempted in good faith to make substantial
progress on the mobile home or RV park within the two-year period.
Requests for additional one-year extensions must be approved by the
Board. Requests must be made in writing and submitted to the Township
Secretary at least 30 days before the expiration of the previously
granted extension. Knowledge of the expiration date and initiation
of a request for extension of approval time is the responsibility
of the applicant.
(5)Â
In cases of extraordinary hardship, resulting from the strict compliance
with these regulations, the regulations may be modified so that substantial
justice may be done and the public interest served; provided the Board
approves the modified regulations. The Board, in addition to these
requirements of this chapter, may stipulate any additional requirements
necessary to meet the purpose or general objectives of this chapter;
provided, that such modification will not have the effect of nullifying
the intent and purpose of the Comprehensive Plan or this chapter;
and provided further, that the Board shall have final approval for
all such modifications.
(6)Â
If the improvements noted in the site plan and those required by
this chapter are not complete at the time the park application is
approved, the park owner may be required to furnish the Township with
a performance bond or letter of credit, satisfactory to the Township
Solicitor, in which assurance is given to the Township that the installation
of these improvements shall be carried out as required herein. Bonds
may be separate for different types of improvements.
B.Â
Compliance with site plan. Where the Board approves a mobile home or RV park permit, the development of the area to which the permit pertains shall be in conformity to the site plan as approved. Any development, use, density, or land division which fails to conform to the site plan as approved by the Board constitutes a violation of this chapter, punishable under the provisions of § 109-8. The requirements of conformity to the approved site plan contained in this section shall apply to all subsequent owners, heirs, successors, and assigns of the property owner receiving permit approval.
C.Â
Fees. Fees shall be paid according to a schedule established by the
Board.
A.Â
Minimum mobile home park size. No mobile home park shall contain
less than 10 acres.
B.Â
Mobile home space or site size. Mobile home spaces for permanent
mobile homes shall be provided consisting of a minimum of 7,000 square
feet for each space which shall be at least 70 feet wide and at least
100 feet in length.
C.Â
Setbacks. All mobile homes, together with their additions, and appurtenant
structures, accessory structures, and other structures on the site
(excluding any hitch or towing fixture).
(1)Â
Mobile home park interior roads. A minimum 25 feet from any interior
street right-of-way.
(2)Â
Exterior site boundary. A minimum 50 feet setback from any property
line abutting on a public street right-of-way and a minimum 20 feet
setback from any other park property line.
(3)Â
Mobile home separations. A minimum 50 feet setback between mobile
homes; provided, that mobile homes placed end-to-end may have clearance
of 25 feet where opposing rear walls are staggered.
(4)Â
Community or service buildings. A minimum 25 feet setback between
mobile homes and community or service buildings.
(5)Â
Accessory structures. A minimum 15 feet setback between mobile homes
and neighboring accessory structures.
D.Â
Density. The maximum density for the entire mobile home park shall
not exceed five mobile homes per gross acre.
E.Â
Safety and convenience shall be major considerations in the layout
of streets, walks and parking areas within the mobile home park and
streets shall be continuous insofar as possible.
F.Â
Storage of yard equipment shall be either inside the mobile home
or in an attached or detached accessory storage building.
G.Â
A mobile home may be placed, installed or erected, and a mobile home
park may be used or occupied for any of the following purposes, and
no other:
(1)Â
Single-family mobile home.
(2)Â
Office building designed for and used exclusively by the operator.
(3)Â
Utility building for the housing of maintenance and repair vehicles,
tools and equipment.
(4)Â
Accessory building containing laundry, washing and drying facilities
exclusively for the use for the mobile home park occupants.
(5)Â
Recreation area and related apparatus, including swimming pool and
bathhouse with dressing rooms and toilets, exclusively for the use
of the occupants of the mobile home park.
H.Â
Road standards.
(1)Â
All interior mobile home park roads shall be private roads, owned
and maintained by the owner or operator of the park. All roads shall
be open for access at all times to police and other emergency vehicle
access, and shall meet fire code construction minimums or an approved
modification thereof.
(3)Â
All interior mobile home park roads shall be constructed within a
right-of-way which shall be at least 50 feet in width.
(5)Â
Approaches and other points of ingress and egress with Township roads shall be in compliance with Chapter 179, Streets and Sidewalks, Article III, Township Road Ordinance, of the Code of East Hanover Township. Approaches and other points of ingress and egress with State rights-of-way shall be in compliance with Pennsylvania Department of Transportation regulations.
I.Â
Parking.
(1)Â
A minimum of two parking spaces, located adjacent to each mobile home site, shall be provided for each mobile home space and shall be surfaced in the same manner as the mobile home park road. All parking areas shall be in accordance with this chapter or Chapter 250, Zoning, of the Code of East Hanover Township, whichever is stricter.
(2)Â
Additional guest parking at the ratio of one parking space for each
four mobile home sites shall be provided in separate parking areas.
Clubhouse and community building parking facilities may account for
up to 50% of this requirement.
(3)Â
All off-street parking areas shall have a minimum dimension of 10
by 20 feet per space.
J.Â
Buffers, recreation and open space requirements.
(1)Â
Buffering and screening shall be required if the mobile home park
is not compatible with the surrounding uses, as determined by the
Planning Commission and approved by the Board. The purpose of buffering
and screening is to create an area providing landscape screening and
fencing which is used to reduce visual, noise, light, and incompatibility
impacts. The Planning Commission will determine on a case by case
basis the need and extent of landscape screening or fencing necessary
to mitigate these impacts; provided the Board has final approval.
Buffering or screening may be achieved by installing walls or fences.
All plantings shall be maintained in a healthy living condition for
the life of the mobile home park. All buffering or screening walls
and fences shall be a minimum of six feet in height and shall be approved
by the Board. When adequate, natural buffers should be encouraged.
(2)Â
Usable open space. All mobile home parks shall provide not less than
10% of the total land area for usable open space purposes. Usable
open space shall be located as to be free of traffic hazards and should,
where the topography permits, be centrally located and easily accessible
to all park residents.
(3)Â
Play areas. Adequate areas shall be provided for play space for children.
A minimum of 3,000 square feet of play space shall be provided for
parks of 10 or fewer mobile home lots, and an additional 200 square
feet of play space shall be provide for each mobile home lot in excess
of 10. Play areas shall be suitably equipped and landscaped to provide
safe activities for children over a wide range of age. Play areas
shall meet the standards of the Americans with Disabilities Act (ADA)
for accessibility and Consumer Product Safety Commission (CPSC) safety
guidelines.
K.Â
Mobile home stands - construction.
(1)Â
Foundation. All mobile homes shall be on a suitable masonry block
foundation adequate to prevent heaving, shifting or settling unevenly
under the weight of the mobile home due to frost, drainage, vibration,
or other forces. Foundations shall be at least 36 inches below grade.
(2)Â
Anchoring. All mobile homes shall be anchored on a concrete foundation
or runway with anchors or tie-downs such as deadmen eyelets or other
devices to secure the stability of the mobile home.
L.Â
Each mobile home shall be served by its own sidewalk having a width
of not less than four feet.
M.Â
Nothing herein shall be construed to prohibit a paved patio adjacent
to a mobile home; provided, however, that the total area of any patio
shall not exceed 120 square feet.
A.Â
RV park size. No RV park shall contain less than five acres. The
maximum density for the entire RV park shall not exceed 25 RV units
per gross acre.
B.Â
RV space size. The minimum area of an RV space shall be 1,000 square
feet; provided, tent areas shall have no minimum space size.
C.Â
Setbacks. All RVs, together with their additions, and appurtenant
structures, accessory structures, and other structures on the site
(excluding fences) shall observe the following setback requirements
(excluding any hitch or towing fixture):
(1)Â
RV park interior roads. A minimum 15 feet from any interior street
right-of-way.
(2)Â
Exterior site boundary. A minimum 25 feet setback from any property
line abutting on a public street right-of-way and a minimum 20 feet
setback from any other park property line.
(3)Â
RV unit separations. A minimum 15 feet setback between RV units.
(4)Â
Community or service buildings. A minimum 15 feet setback between
RVs and community or service buildings.
D.Â
Site occupancy. RV sites shall be occupied by no more than one RV
or RV combination and appurtenances (boat, awning, etc.) at any one
time.
E.Â
An RV unit may be placed, installed or erected, and an RV park may
be used or occupied for any of the following purposes, and no other:
(1)Â
RV unit; tent camping.
(2)Â
Office building designed for and used exclusively by the operator.
(3)Â
Utility building for the housing of maintenance and repair vehicles,
tools and equipment.
(4)Â
Accessory building containing laundry, washing and drying facilities
exclusively for the use for the RV park occupants.
(5)Â
Recreation area and related apparatus, including swimming pool and
bathhouse with dressing rooms and toilets, exclusively for the use
of the occupants of the RV park.
F.Â
Road standards.
(1)Â
All interior RV park roads shall be private roads, owned and maintained
by the owner or operator of the RV park. All roads shall be open for
access at all times to police and other emergency vehicle access.
(2)Â
RV park roads shall be surfaced with suitable material approved by
the Board and the Township Engineer.
(3)Â
Approaches and other points of ingress and egress with Township roads shall be in compliance with Chapter 179, Streets and Sidewalks, Article III, Township Road Ordinance, of the Code of East Hanover Township. Approaches and other points of ingress and egress with state rights-of-way shall be in compliance with Pennsylvania Department of Transportation regulations.
(4)Â
Interior RV park roads shall have the following minimum widths:
(a)Â
Minor street, Defined as less than 500 feet in length and serving:
[1]Â
With drive-through spaces, 50 or less if the street is one-way, 100
or less if the street is two-way; or
[2]Â
Where it is necessary to back into or out of spaces, 25 spaces or
less if the street is one way, 50 or less if two-way:
[a]Â
One way, with no parking: 10 feet width.
[b]Â
One way, with parking on one side only: 18 feet
width.
[c]Â
One way, with parking on both sides: 26 feet width.
[d]Â
Two way, with no parking: 20 feet width.
[e]Â
Two way, with parking on one side only: 28 feet
width.
[f]Â
Two way, with parking on both sides: 36 feet width.
(b)Â
Collector street. Defined as a street other than a minor street,
serving up to and including spaces, and without limitation as to length:
(5)Â
Road termini shall be provided with a cul-de-sac to permit relative
ease of turning as approved by the Township Engineer.
(6)Â
Additional ingress/egress routes for emergency access to a public
road may be required for RV parks designed for 100 or more RV spaces
as determined by the Fire Marshal and approved by the Board.
G.Â
Parking.
(1)Â
Off-street parking shall be provided at the rate of one space for each RV site. The Township may require additional off-street parking spaces as deemed appropriate to accommodate the parking needs of the RV park. All parking areas shall be in accordance with this chapter and Chapter 250, Zoning, of the Code of East Hanover Township, whichever is more restrictive.
(2)Â
There shall be at least four off-street parking spaces provided for
the RV park office, together with one additional parking space for
each 25 RV sites above 100 in the park.
(3)Â
Each parking space shall be a minimum of 10 feet by 20 feet in size.
H.Â
Sanitary dump stations.
(1)Â
A conveniently located dump station for the disposal of self-contained
sewage shall be provided in RV parks with any spaces designated for
self contained units. Additional dump stations may be required in
RV parks having 100 or more RV spaces. All dump stations shall be
designed and developed to the standards of DEP.
(2)Â
Sanitary dump stations shall be screened from other activities by
visual barriers such as fences, walls or natural growth and shall
be separated from any RV space by a distance of at least 50 feet.
I.Â
Buffers, recreation and open space.
(1)Â
Buffering and screening shall be required if the RV park is not compatible
with the surrounding uses, as determined by the Planning Commission
and approved by the Board. The purpose of buffering and screening
is to create an area providing landscape screening and fencing which
is used to reduce visual, noise, light, and incompatibility impacts.
The Planning Commission will determine on a case by case basis the
need and extent of landscape screening or fencing necessary to mitigate
these impacts; provided the Board has final approval. Buffering or
screening may be achieved by installing walls or fences. All plantings
shall be maintained in a healthy living condition for the life of
the RV park. All buffering or screening walls and fences shall be
a minimum of six feet in height and shall be approved by the Board.
When adequate, natural buffers should be encouraged.
(2)Â
Usable open space. All RV parks shall provide not less than 10% of
the total land area for usable open space purposes. Usable open space
shall be located as to be free of traffic hazards and should, where
the topography permits, be centrally located and easily accessible
to all park residents.
(3)Â
Play areas. Adequate areas shall be provided for play space for children.
A minimum of 3,000 square feet of play space shall be provided for
parks of 10 or fewer RV lots, and an additional 200 square feet of
play space shall be provide for each RV lot in excess of 10. Play
areas shall be suitably equipped and landscaped to provide safe activities
for children over a wide range of age. Play areas shall meet the standards
of the Americans with Disabilities Act (ADA) for accessibility and
Consumer Product Safety Commission (CPSC) safety guidelines.
A.Â
Bridges. The design and construction of vehicular bridges in a mobile
home or RV park shall be in accordance with Pennsylvania Department
of Transportation standards.
B.Â
Water supply.
(1)Â
Source. Where feasible, all mobile home or RV parks shall be connected
to the public or a community water system. All water supply systems
shall be provided in accordance with the governing Subdivision and
Land Development Ordinance and applicable DEP regulations.
(2)Â
Connection. All mobile homes and service buildings shall, and RV
sites may, be connected to a public or a community water supply system.
Individual water riser pipes having an inside diameter of not less
than 3/4 inches shall be provided for each mobile home stand and shall
terminate no less than four inches above the ground.
(3)Â
Protection of water lines. Adequate provisions shall be made to protect
water service lines from damage including a shutoff valve, installed
below the frost line at the curbline, for each mobile home space.
C.Â
Sewage disposal.
(1)Â
Approved system. All mobile home or RV parks shall conform to the
governing Subdivision and Land Development Ordinance and to the East
Hanover Township Act 537 Plan[1] with respect to establishing an acceptable sanitary sewage
disposal facility.
[1]
Editor's Note: Pursuant to the Sewage Facilities Act, 35 P.S.
§ 750.1 et seq.
(2)Â
Connection. Where feasible, all mobile homes and service buildings
shall be connected to the public or community sewer system. Individual
riser pipes having a minimum inside diameter of four inches shall
be located on each mobile home stand and shall extend four inches
above ground level. The sewer riser pipe shall be sealed with a securely
fastened plug when the site is unoccupied. Positive surface drainage
away from the plug shall be provided to ensure not infiltration of
surface water will occur. All sewer lines shall be constructed with
materials and by methods approved by the Township and the DEP.
(3)Â
Utility buildings providing flush toilets and showers for each sex
shall be provided at convenient intervals throughout any RV park.
Where RV spaces are not provided with individual sewer connections,
utility buildings shall be located within 300 feet of those spaces.
The number of toilets and showers shall be determined by the Township.
D.Â
Lighting. Adequate lighting shall be provided to illuminate streets,
driveways and walkways for the safe movement of pedestrians and vehicles.
All lighting shall be so arranged as to reflect the light away from
adjoining premises and public rights-of-way.
E.Â
Utilities. All water, sewer, electrical and communication service
lines shall be located underground when possible and shall be in accordance
with all applicable laws and regulations.
F.Â
Landscaping.
(1)Â
Lawns or other suitable living ground covers shall be planted and
maintained on all areas except those covered by structures, by paved
or surfaced areas, or by planting beds. Undisturbed areas such as
ravines and streams shall be preserved in their natural state. Proposed
revegetation shall be reviewed and approved by the Board to ensure
compliance with this chapter.
(2)Â
Street trees not less than 1Â 1/2 inches to two inches caliper,
and of a type approved by the Supervisors, shall be planted along
all streets and spaced 35 feet apart, spacing to be staggered along
interior streets.
(3)Â
Where existing trees are on the park property, those over six inches
caliper shall be retained as far as practicable; otherwise, approved
shade trees not less than 1Â 1/2 inches to two inches caliper
shall be planted and maintained among the mobile homes and RV sites.
G.Â
Park administration. The owner or operator of a mobile home or RV
park shall be responsible for ensuring the maintenance of all roads,
recreational facilities, landscaping, common areas and facilities,
and mobile home sites.
H.Â
Storm drainage, erosion and sedimentation, and floodplain controls.
All mobile home and RV parks shall conform to the requirements of
the governing Subdivision and Land Development Ordinance and/or Stormwater
Ordinance with respect to stormwater drainage, erosion and sedimentation,
and floodplain controls. These provisions apply to both the mobile
home and RV parks in the construction phase and to fully developed
parks.
I.Â
Sensitive areas/unstable lands.
(1)Â
No mobile home or RV park shall be approved for location within any part of a one-hundred-year floodplain as delineated by the Flood Insurance rate Maps issued by the Federal Emergency Management Agency [except as provided in § 109-7I(4)].
(2)Â
No mobile home or RV park shall be approved for location in any wetlands including those delineated by the National Wetlands Inventory Maps issued by the U.S. Department of Interior Fish and Wildlife Service [except as provided in § 109-7I(4)];
(3)Â
No mobile home or RV park shall be approved for location on any unsuitable land having unstable soils, geologic hazards or other features which may create hazards to the property or the health and safety of the occupants as determined by the Administrator [except as provided in § 109-7I(4)].
(4)Â
When it is found that any of the above listed lands are unsuitable
for development within the mobile home or RV park, the unsuitable
land shall be set aside as a community area, recreation area, or other
open space.
J.Â
Fire protection. Fire hydrants or yard hydrants shall be installed
in accordance with the provisions of the Insurance Service Organization
and Township regulations, when applicable.
K.Â
Solid waste disposal. Solid waste disposal shall be the responsibility
of the mobile home or RV park operator and shall be performed in accordance
with the requirements of DEP and applicable Township ordinances.
L.Â
Insect and rodent control.
(1)Â
Insect and rodent control measures to safeguard public health, as
recommended by the Health Officer or other authority, shall be applied
in the mobile home or RV park. Effective larvicidal solution may be
recommended by the Health Officer for fly or mosquito breeding areas
which cannot be controlled by other more permanent measures.
(2)Â
Accumulations of debris that may provide harborage for rodents shall
not be permitted in the mobile home or RV park. When rats or other
rodents are known to be in or near the mobile home or RV park, the
operator shall take definite action under direction by appropriate
health authority, to exterminate them. In addition, suitable measures
as recommended by the Health Officer shall be taken by the mobile
home or RV park operator to control other insects and obnoxious weeds.
M.Â
Laundry. A mobile home or RV park operator may at his discretion
establish a laundry for the use of the mobile home or RV park residents.
The laundry facilities should be in a separate building and be well
ventilated with screened openings; shall be construed of such moisture-proof
material, including painting woodwork, as shall permit repeated cleaning
and washing. The floors of the laundry building shall be of water
impervious material and shall slope to a floor drain connected with
the sewage system.
A.Â
Enforcement. This chapter shall be administered and enforced by an
Enforcement Officer, who shall be designated by the Board of Supervisors
and who shall have all necessary authority on behalf of the Board
to administer and enforce the provisions of this chapter. The authority
shall include the ability to order, in writing, the remedy of any
condition found in violation of this chapter and the ability to institute
legal action with the Township Solicitor to ensure compliance with
the provisions, including injunction, abatement or other appropriate
action or proceeding.
B.Â
Violation and penalties.
(1)Â
Any person, firm or corporation who shall violate any provision of
this article, 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 $50 or more than
$600 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 article continues or each section of this article which shall
be found to have been violated shall constitute a separate offense.
[Amended 6-25-2018 by Ord. No. 2018-02]
(2)Â
Any park established, expanded or improved contrary to any of the
provisions of this chapter and any use of any park in terms of operation
and maintenance contrary to any of the provisions of this chapter
or permits issued pursuant thereto shall be and is hereby declared
to be unlawful. The Township Solicitor is authorized to bring actions
by any appropriate means to prevent the violation of this chapter
and enforce its provisions.
(3)Â
The Enforcement Officer or assigned designee may, in writing, suspend
or revoke a permit or approval required by this chapter whenever the
permit is issued in error or on the basis of incorrect information,
or in violation of any ordinance or regulation or any provision of
this chapter, or where a park is being maintained in a manner contrary
to the terms of the permit or approval.
C.Â
Validity. If any section or other portion of this chapter is for
any reason held invalid or unconstitutional by any court of competent
jurisdiction, such section or other portion shall be deemed a separate
portion of this chapter and such holding shall not affect the validity
of the remaining sections of this chapter.
D.Â
Future separation of park. The issuance of a park permit does not
provide for future separation of the sites. If the sites are to be
separated they shall go through the normal subdivision process as
delineated in governing Subdivision and Land Development Ordinance.
E.Â
Expansion of park. The expansion of existing parks shall require
new park permits and shall be in accordance with all requirements
and provisions of this chapter.
F.Â
Appeals. Appeals to additional requirements specified by the Enforcement
Officer and/or Planning Commission may be appealed to the Board.
The provisions of this chapter are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would have been enacted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.
All other ordinances or parts of ordinances inconsistent herewith
are expressly repealed.
This chapter shall become effective five days after its enactment
by the Board of Supervisors of the East Hanover Township.
