This article supplements the provisions of Chapter 430, Zoning, other sections of this chapter, and other chapters of the Code of Avondale Borough by providing provisions specifically designed for manufactured home park developments. To the extent that this article does not provide regulations on a subject, the general provisions of this chapter, Chapter 430, Zoning, and any other applicable section of the Code of Avondale Borough shall apply.
Manufactured home park development plans shall be submitted in accordance with the provisions set forth within this chapter. No construction of any manufactured home park shall commence without first having all necessary plans submitted and approved by the Borough Council of Avondale Borough. The plans shall be prepared and processed in accordance with Article II, Procedures, and Article IV, Design Standards, of this chapter. The plans shall be submitted in accordance with the requirements set forth in Article III, Plan Requirements, of this chapter; in addition, the plans shall contain the following information:
A.
Site analysis plan. The site analysis plan for any manufactured home park development shall contain, at a minimum, the information required in Article III, Plan Requirements, of this chapter.
B.
Site design and layout plan. The site design and layout plan for any manufactured home development shall contain, at a minimum, the information required in Article III, Plan Requirements, of this chapter. The following features shall also be contained on the plan:
(1)
Size, location, and type of facilities and planned improvements for all recreation and open space areas;
(2)
The number of manufactured home spaces contained within and location of common parking facilities; and
(3)
Location and purpose of all service buildings; location of refuse storage areas with a description of proposed disposal methods.
C.
Improvements construction plan. The improvements construction plan for any manufactured home development shall contain, at a minimum, the information required in Article III, Plan Requirements, of this chapter. The following features shall also be contained on the plan:
(1)
The location of all sewer, water, electric, gas, telephone, and cable lines and proposed locations of connection with each manufactured home site shall also be indicated on the plan;
(2)
A detailed lighting plan of the proposed lighting of the streets and pedestrianways within the manufactured home park; and
(3)
Plans of the typical manufactured home pad showing the size of the pad, the location of the utility connections, and the location and construction of anchors used to secure the manufactured home.
A.
Permits prior to construction. It shall be unlawful for any person to construct, alter, extend, or operate a manufactured home park within Avondale Borough unless and until the applicant obtains a permit from:
(1)
The Chester County Health Department, in the name of the operator, in accordance with the rules and regulations enacted by the Commonwealth of Pennsylvania Department of Health.
(2)
A building permit for the construction or extension of a manufactured home park. The building permit shall be granted upon meeting the following requirements:
(a)
An application has been submitted and reviewed in accordance with Article II, Procedures, of this chapter;
(b)
The final plan of the manufactured home park has been approved by the Borough Council; and
(c)
The approved plan of the manufactured home park has been recorded by the Chester County Recorder of Deeds.
B.
Use and occupancy permit. Upon completion or extension of the manufactured home park, the applicant shall request that the Borough Code Enforcement Officer perform a final inspection and issue a use and occupancy permit.
(1)
If all the facilities, including but not limited to the street, water, sanitary sewage, electrical and stormwater are completed to service at least two manufactured home lots, and to the satisfaction of the Code Enforcement Officer or any other duly appointed Borough official or advisor, a use and occupancy permit shall be issued for the manufactured home park with a limitation to those home sites which have complete services provided thereto.
(2)
As additional home sites become ready for inspection, the Zoning Officer shall be requested to make additional inspections. Upon a satisfactory review by the Code Enforcement Officer, or any other duly appointed official or advisor, the scope of the previously issued use and occupancy permit for the park shall be expanded to include any newly approved manufactured home site or sites.
(3)
The Code Enforcement Officer, or any other duly appointed official or advisor, is hereby authorized to stop all work or activity which he finds to be in violation of the provisions of this chapter or any other applicable ordinance or the Code of Avondale Borough.
(4)
A fee shall be charged for applying for any permit and all inspections which the Code Enforcement Officer or any other agent of the Borough undertakes, according to the fee schedule established by the Borough Council by resolution.
C.
Appeals. Where the Code Enforcement Officer or any other agent of the Borough has failed to follow procedure or has misinterpreted or misapplied any provisions of this chapter in the review of an application for a manufactured home park or issuance of a use and occupancy permit for said park, the applicant may appeal such action to the Zoning Hearing Board of Avondale Borough in accordance to Article XVII, Zoning Hearing Board, Chapter 430, Zoning, of the Borough Code and Section 909.1 of the Municipalities Planning Code, Act 247, as amended and reenacted.[1]
[1]
Editor's Note: See 53 P.S. § 10909.1.
D.
Limitations.
(1)
No permit issued under this chapter shall be transferable to a different location.
(2)
No person holding a permit under this chapter shall extend or reduce the area of any manufactured home park or add any new facility or structure until written notice of such proposed changes shall have been given to the Code Enforcement Officer who shall have ascertained, after investigation, as in the case of an original application for a permit, that such proposed changes are in accordance with all requirements of this chapter, Chapter 430, Zoning, and other applicable sections of the Code of Avondale Borough, and shall have signified that fact by his approval.
(3)
Every person holding a certificate, license, and/or permit in order to operate a manufactured home park shall file written notice to the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection, whichever is applicable, and the Borough Code Enforcement Officer within 10 days after having sold, transferred, given away, or otherwise disposed of interest in or control of any manufactured home park. If the certificate, registration, license, or permit is transferred by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection, proof of such transfer shall be furnished to the Borough Code Enforcement Officer.
In the event a manufactured home park intends to discontinue operations of the park, the operator shall notify park residents and the Borough a minimum of six months in advance of the intended closing date.
Regulations governing the density of the dwelling units in any manufactured home park and the dimensions of any manufactured home park, or individual home site therein, shall be specified in Chapter 430, Zoning, of the Borough Code.
A.
Site drainage.
(1)
The ground surface in all parts of a park shall be graded and equipped to drain surface water in a safe, efficient manner. Where necessary, storm sewers, culverts and related facilities shall be provided to permit the unimpeded flow of natural watercourses and to insure the adequate drainage of all locations within the park.
B.
Soil and ground cover requirements.
(1)
Ground surfaces in all parts of a manufactured home park shall be paved, covered with stone or other acceptable material, or planted with a vegetative growth that is capable of preventing soil erosion and the blowing of dust during dry weather.
(2)
Manufactured home parks grounds shall be maintained free of vegetative growth that is poisonous, noxious, or which may harbor rodents, insects, or pests.
C.
Street system.
(1)
Safe and convenient vehicular access shall be provided from abutting streets or roads.
(2)
The construction of all manufactured home park streets shall be in accordance with the street design regulations set forth in § 375-24 of this chapter.
(3)
On-street parking shall be prohibited;
(4)
A minimum paved width of 18 feet shall be provided for all manufactured home park roads.
(5)
All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide average levels of illumination for the safe movement of pedestrians and vehicular traffic at night.
D.
Parking facilities.
(1)
Each manufactured home site shall be designed with two off-street parking spaces.
(2)
Common parking facilities shall be required for all manufactured home park facilities. The common parking facilities shall meet the following requirements:
(a)
All design and construction requirements required in Article IV, Design Standards, of this chapter;
(b)
More than one parking facility may be provided so long as the combined minimum number of parking spaces in all the facilities shall be equal to the number of individual home sites within the manufactured home park; and
(c)
Every manufactured home site shall be within 350 feet of a common parking facility.
E.
Pedestrianways.
(1)
The requirements for sidewalks within § 375-27 shall be applicable for the construction of pedestrianways within manufactured home parks.
(2)
Pedestrianways shall be located along at least one side of all streets and between the park streets and all community or service facilities provide for park residents.
F.
Recreation areas.
(1)
In all manufactured home parks, recreational areas with suitable facilities, including, but not limited to, playground areas, paved surface area adequate in size for various court sports, and other similar facilities approved by Borough Council shall be provided and maintained within the park for the use by all park residents.
(2)
Land required for such recreational areas shall not be less than 10% of the gross area of the manufactured home park, but in no case less than 1/2 acre. Recreational areas may be included within the open space requirement for manufactured homes within the open space requirement for manufactured home parks within Chapter 430, Zoning, of the Borough Code.
G.
Outdoor living areas. An outdoor living and service space shall be provided on each individual home lot as follows:
(1)
Such space shall be located to provide maximum privacy and convenient use;
(2)
The minimum size of such space shall not be less than 300 square feet, but at least 15 feet wide; and
(3)
Visual barriers, such as walls, fences, or plantings, shall be of a size and character to assure reasonable privacy and visual appeal.
All manufactured home parks shall connect to Borough water system and provide water connections to the individual home sites according to the provisions of § 375-29.
All manufactured home parks shall connect to the Borough sewer system and provide connections to the individual home sites according to the provisions of § 375-28.
A.
The manufactured home park operator shall be responsible for the proper storage, collection, and disposal of refuse;
B.
The storage, collection, and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards or air pollution, and shall comply with the Pennsylvania Department of Environmental Protection regulations governing manufactured home parks;
C.
All refuse shall be stored in insect tight, watertight, and rodent-proof containers. Sufficient number and capacity of containers shall be provided to properly store all the residents' refuse; and
D.
Refuse storage areas shall be located not more than 200 feet from any manufactured home site and no less than 50 feet from the tract boundary or any individual home site.
A.
Every manufactured home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment, and any other related or similar component which shall be installed and maintained in accordance with PECO Energy's specifications regulating such systems and other local codes.
A.
Natural gas system.
(1)
Natural gas piping systems, when installed in manufactured home parks, shall be designed and maintained according to accepted engineering practices and to the requirements of the company servicing the park.
(2)
Each manufactured home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
B.
Liquified petroleum gas (LPG) systems.
(1)
The design, installation and construction of containers and pertinent equipment for the storage and handling of LPG shall conform to the Propane and Liquefied Petroleum Gas Act, 35 P.S. § 1329.1 et seq., as amended, and to the regulations therefor promulgated by the Pennsylvania Department of Labor and Industry, or its successor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
LPG systems provided for manufactured homes, service buildings, or other structures, when installed, shall be maintained in conformity with the rules and regulations of the Pennsylvania Department of Labor and Industry and shall include the following:
(a)
Systems shall be provided for safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location;
(b)
Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside of the manufactured home and shall be maintained in effective operating condition;
(c)
All LPG piping outside of the manufactured home shall be well supported and protected against mechanical injury. Undiluted LPG in liquid form shall not be conveyed through piping equipment or systems in manufactured homes;
(d)
Cylinders of at least 12 U.S. gallons and less than 60 U.S. gallons gross capacity shall be maintained in vertical position and shall be securely, but not permanently, fastened to prevent accidental overturning;
(e)
No LPG cylinder shall be stored or located inside or beneath any storage cabinet, carport, manufactured home, or any other structure; and
(f)
No LPG cylinder shall be placed any closer than 10 feet to a door or within five feet of a window.
C.
Fuel oil supply systems.
(1)
All fuel oil supply systems provided for manufactured homes, service buildings, and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction.
(2)
All piping from outside fuel storage tanks or cylinders to manufactured homes shall be securely, but not permanently, fastened in place.
(3)
All fuel oil supply systems provided for manufactured homes, service buildings, and other structures shall have shutoff valves located within five inches of storage tanks.
(4)
No fuel combustion unit shall be used in any manufactured home without being vented to the outside of the unit.
(5)
Storage tanks located in areas subject to traffic shall be protected against physical damage.
(6)
Storage tanks shall be screened from view by utilizing either fencing or landscape treatments.
The manufactured home park shall be subject to any Borough or Avondale Fire Company fire protection rules and regulations. In addition, the following regulations shall be followed:
A.
The manufactured home park shall be kept free of litter, rubbish and other flammable materials;
B.
Portable hand-operated fire extinguishers of a type suitable for use on oil fires, and approved by the Avondale Fire Company, shall be kept in each service building under park control;
C.
A minimum of one fire extinguisher of a type approved by the Fire Underwriter Laboratories (a BC classification type) bearing the label shall be readily accessible within each manufactured home;
D.
All manufactured home parks shall be provided with fire hydrants to meet the satisfaction of the Middle States Department Association of Fire Underwriters, but in any case in sufficient number to be within 600 feet of all structures, measured by way of accessible streets; and
E.
Where the water supply does not provide at least a six-inch main, there shall be provided a two-inch frost-protected water riser within 300 feet of each manufactured home or building.
No part of any manufactured home park shall be used for nonresidential purposes, except for recreational uses and such uses that are required for direct servicing, management or maintenance of the park and its residents.
A.
Every manufactured home park shall have a structure clearly designated as the office of the manufactured home park manager.
B.
At least 150 cubic feet of enclosed storage space shall be provided for each manufactured home lot. Such space shall be provided in a common storage building located in the manufactured home park.
C.
Service and accessory buildings located in manufactured home parks shall be used only by the residents of the manufactured home park.
D.
Construction of service buildings shall be in compliance with all applicable building codes and other applicable regulations of Avondale Borough and shall be maintained in a clean, sanitary, and structurally safe condition.
A.
The operator and licensee 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, water supply and sewage disposal systems, and service buildings, in a condition of proper repair and maintenance in accordance with all applicable codes and regulations of Avondale Borough.
B.
The operator/licensee of a manufactured home park shall, prior to issuance of a use and occupancy permit, post with the Borough a maintenance guarantee in a form acceptable to the Borough Solicitor in an amount sufficient to cover, for a period of two years, the costs of maintenance of all common areas and facilities described in § 375-59 during their construction, said costs to be estimated by the Borough Engineer or other representatives.
A.
Manufactured home stand.
(1)
Each manufactured home shall be placed on a permanent foundation consisting of:
(a)
A minimum of eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the manufactured home shall be secured; or
(b)
A concrete pad at least six inches in thickness with at least six tie-downs.
(2)
Each anchor and tie-down connection shall be able to withstand a tension force of at least 5,000 pounds.
(3)
In no event shall a manufactured home be erected on jacks, loose blocks, or other temporary materials.
(4)
Each manufactured home stand shall be at least equal in length and width to the dimensions of the manufactured home placed thereon.
(5)
The material used in constructing the stand shall be durable and capable of supporting the expected load, regardless of the weather.
(6)
The manufactured home stand shall be graded to obtain adequate surface for drainage, but never in excess of 1% grade. The grade of the stand and its accessway shall be such as to allow easy placement of the manufactured home.
B.
No permanent additions shall be built onto or become part of any manufactured home in a manufactured home park.
C.
Each manufactured home shall, prior to its occupancy or other use, have a skirt installed which is designed to complement the appearance of the manufactured home and is coordinated with other units throughout the park. Skirting material shall be specifically designed for this purpose and adequately vented and allow for access to all utility connections. In no instance shall the area beneath the manufactured home be used for storage.
D.
Patios, carports, and other accessory structures shall be in compliance with all ordinances and codes of Avondale Borough.
E.
The hitch or tow bar attached to a manufactured home for transport purposes shall be removed from the manufactured home when it is placed on its manufactured home pad.