[Ord. No. 204-2020, 6/10/2020[1]]
1.
ANCHORING
CODE ENFORCEMENT OFFICER
HITCH
LANDOWNER
MANUFACTURED HOME
MANUFACTURED HOME LOT
MANUFACTURED HOME PARK
MANUFACTURED HOME PARK PERMIT
MANUFACTURED HOME UNIT
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOBILE HOME PARK PERMIT
PERSON
SKIRT
TOWNSHIP
As used in this Part, the following terms shall have the meanings
indicated:
The Code Enforcement Officer appointed by the Township Board
of Supervisors.
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.
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.
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.
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.
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.
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.
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.
See "manufactured home."
See "manufactured home lot."
See "manufactured home park."
See "manufactured home park permit."
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.
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.
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.
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.
[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]
The manufactured home park permit certificate and a copy of
this Part shall be conspicuously posted in the office or on the premises
of the manufactured home park at all times.
[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.
