[Ord. No. 204-2020, 6/10/2020[1]]
1. 
As used in this Part, the following terms shall have the meanings indicated:
ANCHORING
As per applicable requirements of International Residential Code, Appendix E, "Manufactured Housing Used as Dwellings," implemented as part of the Building Code [Chapter 5, Part 1].
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed by the Township Board of Supervisors.
HITCH
A device which is part of the frame or attaches to the frame of a manufactured home and connects it to a power source for the purpose of transporting the unit.
LANDOWNER
The owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or lessee (if he is authorized under the lease to exercise the right of the landowner), or other person having a proprietary interest in land.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. Manufactured homes shall be constructed in accordance with Safety and Construction Standards of the U.S. Department of Housing and Urban Development. The term "manufactured home" shall not be deemed to include "recreation vehicle" nor a "modular home" placed on a permanent perimeter foundation.
MANUFACTURED HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home.
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes.
MANUFACTURED HOME PARK PERMIT
A written permit issued by the Code Enforcement Officer and subject to annual renewal, permitting the manufactured home park to operate under this Part and other pertinent ordinances and regulations.
MANUFACTURED HOME UNIT
A manufactured home within a manufactured home park that is placed on a manufactured home lot, including any addition or accessory structure, including but not limited to porches, sheds, decks or additional rooms.
MOBILE HOME
See "manufactured home."
MOBILE HOME LOT
See "manufactured home lot."
MOBILE HOME PARK
See "manufactured home park."
MOBILE HOME PARK PERMIT
See "manufactured home park permit."
PERSON
An individual, partnership, organization, association, trust, or corporation. When used in penalty provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization, association, or corporation.
SKIRT
A panel specifically designed for the purpose of the screening the underside of a manufactured home by forming an extension of the vertical exterior walls of the manufactured home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.
TOWNSHIP
The Township of Honey Brook.
[1]
Editor's Note: This ordinance amended and restated in its entirety former Part 1, Manufactured Home Parks, adopted by Ord. 98-79, 4/8/1998, as amended.
[Ord. No. 204-2020, 6/10/2020]
1. 
Two or more inhabited manufactured homes located upon the same parcel of real property shall be located only within a permitted manufactured home park unless otherwise permitted by the Township Zoning Ordinance [Chapter 27].
2. 
It shall be unlawful for any person to maintain or operate within the limits of the Township any manufactured home park unless such person shall first obtain a manufactured home park permit.
3. 
In addition to the initial permits, the operator of a manufactured home park shall apply to the Township on or before the first day of December of each year for an annual manufactured home park permit to continue operation of the manufactured home park in the next calendar year. The Township shall issue the annual manufactured home park permit upon confirmation that the prior year's inspection(s) found the park compliant, and satisfactory proof, submitted by the landowner, that the park continues to meet the standards prescribed by state and county agencies having jurisdiction and the standards of this Part. The manufactured home park permit so issued shall be valid for one calendar year. The operator shall also comply with all permitting requirements of the Chester County Health Department.
4. 
Fees.
A. 
Fees for the initial application and the annual renewal permit shall be prescribed by resolution of the Board of Supervisors.
B. 
The fee for the annual renewal permit shall be submitted to the Township upon receipt of invoice.
5. 
Appeal of Manufactured Home Park Permit Denial. Where the applicant or permittee feels that the Township or Code Enforcement Officer has failed to follow procedures or has misinterpreted or misapplied any provision of this Part in the review of an application for a manufactured home park permit or an annual manufactured home park permit renewal, he may appeal such action to the Board of Administrative Appeals.
6. 
Transfer or Change in Terms of Permit. No manufactured home park permit issued under this Part shall be transferable to a different location. No person holding a manufactured home park permit under this Part shall extend or reduce the area of any manufactured home park, add any new facility or structure, or eliminate any existing facility or structure unless the proposed changes are in accordance with all requirements of these ordinances: the Township Subdivision and Land Development Ordinance [Chapter 22], the Township Zoning Ordinance [Chapter 27], the Building Code [Chapter 5, Part 1], and this Part, and approved by the Township and the County Health Department, where applicable.
7. 
Revocation or Suspension of Manufactured Home Park Permit. Any manufactured home park permit issued by the Township under the provisions of this Part shall be revocable or subject to suspension at any time, upon determination by the Township that the landowner has failed to remedy the violation or violations within 30 days of the mailing of written notice from the Township or, where the violation cannot be reasonably remedied within 30 days, remedial measures have not been instituted within said thirty-day period and that the manufactured home park or manufactured home park site:
A. 
Is, or has been, conducted in violation of this Part or any other ordinance of the Township, any rule or regulation of the County of Chester or any statute, rule or regulation of the Commonwealth of Pennsylvania or any agency thereof;
B. 
Is creating a public nuisance;
C. 
Is creating a potential hazard to the public health, safety and welfare; or
D. 
Adversely affects the environment.
8. 
When a manufactured home park permit is denied, suspended or revoked, a hearing shall be held thereon before the Board of Administrative Appeals within 30 days after request therefor is made by the person or business entity whose manufactured home park permit is denied, suspended or revoked. Within 30 days following the date of such hearing, the Board of Administrative Appeals shall notify all parties in writing of the determination of said hearing and the reasons therefor.
[Ord. No. 204-2020, 6/10/2020]
1. 
An application for a new manufactured home park or the expansion or change of an existing manufactured home park shall be made under the provisions of the Township Subdivision and Land Development Ordinance, as amended [Chapter 22].
2. 
Existing manufactured home parks shall submit the following information when applying for the manufactured home park permit required annually by this Part:
A. 
A sketch of the manufactured home park showing changes made in the past year.
B. 
The names, current addresses, telephone numbers, and email addresses of any and all persons who own any interest, real or equitable, in the real estate which is subject of the application.
C. 
The names, current addresses, telephone numbers, and email addresses of any and all persons having any interest in the operation, maintenance and use of the manufactured home park, including the name and mobile telephone number of one such person who shall be available 24 hours a day, seven days a week, as a contact person in case of emergency.
D. 
For all manufactured homes within the manufactured home park which are owned by either the occupant of such home or another third party other than the owner of the underlying real estate, provide the manufactured home's site address within the park and the name and mailing address of the owner.
E. 
Name, current address, telephone number, and email address for the contractor(s) providing trash and recycling collection and disposal services for the manufactured home park.
3. 
Manufactured home park permits shall be renewed annually under the requirements of this Part.
[Ord. No. 204-2020, 6/10/2020]
1. 
Upon notification to the landowner holding the manufactured home park permit, operator, or other person in charge of a manufactured home park, the Code Enforcement Officer may inspect a manufactured home park at any reasonable time to determine compliance with this Part. The Code Enforcement Officer shall conduct a minimum of one annual inspection of every mobile home park in the Township, and may conduct follow-up inspections as necessary to determine compliance.
2. 
The Code Enforcement Officer shall notify the permittee of any instances of noncompliance with this Part found during an inspection, and the Township shall have the right to revoke the annual manufactured home park permit in accordance with the procedures set forth in § 14-102, Subsection 7, until the permittee has corrected all such violations.
[Ord. No. 204-2020, 6/10/2020]
The operator of a manufactured home park shall maintain records of leases and arrivals and departures of manufactured homes within the manufactured home park in accordance with 53 Pa.C.S.A. § 8821.
[Ord. No. 204-2020, 6/10/2020]
No manufactured home shall be removed from its current physical location within the Township without first obtaining a removal permit from the Township. Such permit shall be issued upon payment of a fee as set by resolution from time to time and confirmation by the Township that all real estate taxes assessed against the home at the time the permit is requested have been paid, as required by 53 Pa.C.S.A. § 8821. Any person who removes a manufactured home from its current physical location within the territorial limits of the Township without first having obtained a removal permit shall, upon summary conviction, be sentenced to pay a fine of $100 and costs of prosecution or to imprisonment for not more than 30 days, or both.
[Ord. No. 204-2020, 6/10/2020]
1. 
Maintenance of Common Facilities. The landowner of a manufactured home park shall be responsible for maintaining all common facilities, including, but not limited to, roads, parking areas, sidewalks or pathways, common open space, buffering, screening, landscaping, water supply and sewage disposal systems, service buildings, and other common buildings in compliance with this Part, the Honey Brook Township Property Maintenance Code [Chapter 5, Part 2], the Honey Brook Township Zoning Ordinance [Chapter 27], and adopted building codes. The following additional standards also apply:
A. 
Roadways and parking areas shall be paved or gravel, and maintained in a passable condition, free of significant cracks, potholes, or other depressions that create a hazard for vehicular or pedestrian traffic. Roadways and parking areas shall be graded such that stormwater runoff drains away and does not create ponded areas within the driveway and parking area itself, cause erosion or deterioration of the roadway or surrounding areas or cause a stormwater runoff issue for a manufactured home lot or unit or adjacent roadway or property. Roadways shall be cleared of snow and ice within 24 hours from the end of the precipitation.
B. 
Sidewalks and pathways shall be maintained in a passable condition, free of significant holes, cracks, or other breakages that create a hazard for pedestrian traffic. Adjacent sections of sidewalk or pathways shall be of consistent grade as to not create a tripping or other hazard for pedestrian traffic. In addition, sidewalks and pathways shall remain free of leaves, tree limbs, grass clippings, debris, cinders, gravel or any other refuse on such sidewalk or projecting branches and other obstructions. The removal of projecting tree limbs and branches must result in a walking clearance of at least seven feet above the sidewalk. Sidewalks and pathways shall be cleared of snow and ice to a minimum width of 48 inches within 24 hours from the end of the precipitation.
C. 
Landscaping, screening and buffering shall be maintained in accordance with the original approved plans for the manufactured home park or any subsequently approved plans associated with changes and improvements to the manufactured home park.
D. 
Water supplies shall also be maintained in accordance with the requirements of the applicable water and sewer providers/authorities, Chester County Health Department and PA DEP.
E. 
Sewage disposal systems shall also be maintained in accordance with the requirements of the applicable sewer authorities, Chester County Health Department and PA DEP. Furthermore, the landowner of each manufactured home park discharging sewage into the Northwestern Chester County Municipal Authority's system shall be responsible to ensure that there is no infiltration of groundwater, stormwater, or any other water into the sewer system except liquid generated by the disposal of sewage from an individual manufactured home. Honey Brook Township hereby deputizes and authorizes inspectors from the Northwestern Chester County Municipal Authority as its agent to inspect mobile home parks for unlawful infiltration and authorizes the authority to take all necessary measures to ensure that the landowner corrects conditions to ensure that there is no unlawful infiltration of groundwater, stormwater or other sources of water excepting that generated by the discharge of sewage from individual units.
2. 
Maintenance of Manufactured Home Lots. The landowner of the manufactured home park shall be responsible for maintaining the manufactured home lots in a condition of proper repair and maintenance, in compliance with this Part, the Honey Brook Township Property Maintenance Code [Chapter 5, Part 2], the Honey Brook Township Zoning Ordinance [Chapter 27], and other applicable ordinances and building codes adopted by the Township.
3. 
Maintenance of Manufactured Home Units. The owner of the manufactured home unit shall be responsible for maintaining the manufactured home units in a condition of proper repair and maintenance in compliance with this Part, the Honey Brook Township Property Maintenance Code [Chapter 5, Part 2], the Honey Brook Township Zoning Ordinance [Chapter 27], and other applicable ordinances and building codes adopted by the Township.
4. 
Failure to Maintain.
A. 
Common Facilities and Manufactured Home Lots.
(1) 
If upon inspection by the Code Enforcement Officer, it is determined that the manufactured home park, including the common facilities and/or manufactured home lots, is not in compliance with this Part, the Honey Brook Township Property Maintenance Code [Chapter 5, Part 2], the Honey Brook Township Zoning Ordinance [Chapter 27], or other applicable ordinances and building codes adopted by the Township, the landowner of the manufactured home park shall be considered to be in violation of this Part, and the Code Enforcement Officer shall notify the landowner and manufactured home park operator, if different than the landowner, of the particulars of any such violation.
(2) 
The landowner shall thereafter have 30 days from the receipt of the notice of violation in which to correct any such violations, except that if the violation is determined by the Code Enforcement Officer to constitute a hazard to the health, safety or welfare of the residents of the manufactured home park, he shall order that the violation be corrected forthwith.
B. 
Manufactured Home Units.
(1) 
If upon inspection by the Code Enforcement Officer, it is determined that the manufactured home unit(s) is not in compliance with this Part, the Honey Brook Township Property Maintenance Code [Chapter 5, Part 2], the Honey Brook Township Zoning Ordinance [Chapter 27], or other applicable ordinances and building codes adopted by the Township, the owner of the manufactured home unit shall be considered to be in violation of this Part.
(2) 
Upon written notice from the Township or Code Enforcement Officer to the owner of a manufactured home unit outlining the particulars of a mobile home unit violation, the manufactured home unit owner shall thereafter have 30 days from the receipt of such notice of violation in which to correct any such violations, except that if the violation is determined by the Code Enforcement Officer to constitute a hazard to the health, safety or welfare of the residents of the manufactured home park, he shall order that the violation be corrected forthwith. The manufactured home park operator, if different than the manufactured home unit owner, shall be copied in on all written notices regarding unit violations.
[Ord. No. 204-2020, 6/10/2020]
1. 
Liquefied Petroleum Gas System. The design, installation, and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases shall conform to the Propane and Liquefied Petroleum Gas Act, 35 P.S. § 1329.1 et seq.; and to the regulations therefor promulgated by the Pennsylvania Department of Labor and Industry, or its successor, Township-adopted building codes and the Property Maintenance Code [Chapter 5, Part 2].
2. 
Fuel Oil Supply Systems.
A. 
All fuel oil supply systems provided for manufactured homes, service buildings and other structures shall be maintained in conformance with the rules and regulations of the authority having jurisdiction, Township-adopted building codes, and the Township Property Maintenance Code [Chapter 5, Part 2].
B. 
All fuel oil storage tanks shall be securely placed to prevent overturning and located at least five feet from a manufactured home exit and at least three feet from any window. Storage tanks in areas subject to traffic shall be protected against physical damage.
C. 
All fuel oil supply systems shall have at least one accessible means for shutting off the system located outside the manufactured home and maintained in effective operating condition.
D. 
All piping associated with the fuel oil system shall be securely, but not permanently, fastened in place.
[Ord. No. 204-2020, 6/10/2020]
1. 
All manufactured home parks not serviced by curbside solid waste collection shall be provided with solid waste collection stations and recycling stations on concrete slabs at convenient but inconspicuous locations, accessible for truck pickup and completely screened from view by solid fencing.
2. 
The storage, collection and disposal of solid waste and recycling in any manufactured home park shall be in compliance with the Township Property Maintenance Code [Chapter 5, Part 2] and the Township Recycling Ordinance [Chapter 16].
[Ord. No. 204-2020, 6/10/2020]
1. 
Any structure or manufactured home placed upon a manufactured home lot shall be placed only after written permission is received from the landowner and the required zoning, building, water and sewer permits have been issued by the Township and any applicable water or sewer authority, as required by Township ordinances.
2. 
Any building additions to a manufactured home or mechanical, plumbing or electrical alteration or repair for a manufactured home shall be made in accordance with all applicable state, county, and Township laws, ordinances and regulations, including issuance of required permits by the Township.
3. 
Manufactured Home Foundation. A foundation with dimensions sufficient to support the intended mobile home unit shall be provided for all homes and properly placed, constructed and maintained in accordance with the manufacturer's requirements, Township-adopted building codes and the Property Maintenance Code [Chapter 5, Part 2] so as to be durable and adequate for the support of the maximum anticipated loads during all seasons.
4. 
Anchoring. Every manufactured home placed within a manufactured home park shall be anchored in accordance with the applicable requirements of the International Residential Code, Appendix E, "Manufactured Housing Used as Dwellings," implemented as part of the Building Code. The anchoring shall be maintained in accordance with all applicable codes for the duration that the manufactured home unit is situated on the manufactured home lot.
5. 
Skirts. Each manufactured home placed within a manufactured home park shall, prior to occupancy and for the entire duration that the manufactured home is situated upon a manufactured home lot, have a skirt installed.
6. 
Hitch and Wheels. If a hitch, towbar or wheels are attached to a manufactured home for transport purposes, they shall be removed from the manufactured home when the manufactured home is placed on its foundation and remain removed until the manufactured home is removed from the manufactured home lot.
7. 
No Attachment of Structures. No structures, including but not limited to porches and decks, may be physically attached to a manufactured home.
[Ord. No. 204-2020, 6/10/2020]
The landowner shall be responsible for maintaining the manufactured home park, its common facilities and equipment and the manufactured home lots in a clean, orderly and sanitary condition in accordance with the provisions of this Part, the Township Property Maintenance Code [Chapter 5, Part 2], the Township Zoning Ordinance [Chapter 27], and all other applicable Township ordinances and adopted building codes. The landowner may designate a responsible attendant, caretaker or operator to be the primary point of contact for park operation, who shall be available by telephone during normal business hours. Contact information for the primary point of contact for park operations shall be posted at the park office and/or central community facilities, such as mailboxes or the laundry room.
[Ord. No. 204-2020, 6/10/2020]
Any person who shall continue to violate any of the provisions of this Part shall (provided that said violation is not cured within 30 days after the mailing of notice thereof by the Township or, where the violation cannot be reasonably cured within 30 days, remedial measures have not been instituted within said thirty-day period), 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, be sentenced to pay a fine of not 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.
[Ord. No. 204-2020, 6/10/2020]
In addition to the remedies provided above, any continued violations of this Part which shall constitute a nuisance in fact or which shall, in the opinion of the Board of Supervisors, constitute a nuisance, may be abated by a proceeding against the violator in a court of equity for relief.
[Ord. No. 204-2020, 6/10/2020]
The provisions of this Part, in addition to being enforceable as aforesaid, shall also be enforceable by the Court of Common Pleas of the County of Chester sitting in equity.
[Ord. No. 204-2020, 6/10/2020]
In case a provision of this Part is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance of this Township, or state law or regulation, existing on the effective date of this Part, the provisions which establish the higher standard for the promotion and protection of the health and safety of the people shall prevail.