Township of New Garden, PA Mobile Homes and Mobile Home Parks

All applications for a certificate of registration shall be made by the landowner or his authorized representative in accordance with the Rules and Regulations, Commonwealth of Pennsylvania, Department of Environmental Protection, Chapter 179, Regulations for Mobile Home Parks, Adopted September 18, 1971, as amended.

It shall be unlawful for any person to maintain, construct, alter, or extend any mobile home park within the limits of the Township, unless he holds a valid certificate of registration issued by the Pennsylvania Department of Environmental Protection in the name of such person and also a permit issued by the Township.

All mobile homes shall bear the Commonwealth of Pennsylvania's seal of approval.

Application for initial mobile home park permit.

Application for development of a lot or parcel of land for mobile home park purposes shall be made and approved or approved as modified before any zoning permit for such use shall be issued.

Application for a mobile home park permit shall follow the requirements and procedures of a major subdivision plan submission as described in Article IV of this chapter.

In addition to the requirements contained in § 170-21 of this chapter, an application for preliminary or final approval of a mobile home park shall indicate by drawings, diagrams, maps, tests, affidavit or other legal instrument the following:

The location and number of mobile home lots and mobile home pads on a layout map of the parcel at a scale of one inch equals not more than 50 feet.

The location and dimension of all driveways, pedestrian ways, sidewalks, and access roads with notation as to type of impervious cover.

The location and dimension of all parking facilities.

(d)

The location, dimension, and arrangement of all areas to be denoted to lawns, buffer strips, screen planting, and recreation.

(e)

Location and dimension of all buildings existing or proposed to be built and all existing tree masses and trees of over twelve-inch caliper.

(f)

Proposed provisions for accommodating stormwater drainage, sewage treatment and disposal, street and on-site lighting, water supply, and electrical supply in the form of written and diagrammatic analysis with calculations and conclusions prepared by a registered professional engineer.

(g)

Three copies of the application submitted to and approved by the Department of Environmental Protection.

Issuance of initial permit.

Upon receipt of the final plan with the recommendations of the Planning Commission attached thereto, the Township Supervisors shall review the final plan for compliance with the provisions of this chapter.

Upon approval of the final plan by the Board and payment of the required fees by the applicant, the Board of Supervisors shall issue a mobile home park permit to the owner which shall be valid for a period of one year thereafter.

Renewal permits shall be issued annually by the Board of Supervisors upon the furnishing of proof by the applicant that his park continues to meet the standards prescribed by the Pennsylvania Department of Environmental Protection and this chapter.

A building inspector or other Township officer may inspect a mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter.

The permit shall be conspicuously posted in the office or on the premises of the mobile home park at all times.

Compliance of preexisting mobile home parks.

Mobile home parks in existence at the date of the adoption of this chapter and being duly authorized to operate as same by the Department of Environmental Protection may be continued so long as they otherwise remain lawful.

Preexisting mobile home parks shall be required to submit an existing lot plan, drawn to scale, when applying for a mobile home park permit as required under this chapter.

Any subsequent new construction, alteration or extension of a preexisting mobile home park shall comply with the provisions of this chapter.

Any preexisting mobile home park which in the opinion of the Board of Supervisors creates a fire, safety, or health hazard shall be required to comply with the applicable provisions of this chapter, within a reasonable period of time as determined by the same body.

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 obtain a building permit.

Individual mobile homes shall comply with all other applicable Township ordinances and regulations that govern single-family homes.

§ 170-51 Development standards.

Site requirements.

Minimum net tract area: 10 acres.

[Amended 10-18-2006 by Ord. No. 167]

The location of all mobile home parks shall comply with the following minimum requirements:

Free from adverse influence by swamps, marshes, garbage or rubbish disposal areas, or other potential breeding places for insects or rodents.

Not subject to flooding.

Not subject to hazards or nuisances such as excessive noise, vibration, smoke, toxic matter, radiation, or glare.

Density, dimensional and general layout regulations.

[Amended 10-18-2006 by Ord. No. 167]

Regulations covering the area and bulk requirements for any mobile home park/manufactured home park shall fully comply with the provisions of § 200-23 of the Township’s Zoning Ordinance.

Every mobile home shall be clearly marked and shall contain driveways with unobstructed access to the park street circulation system.

In any mobile home/manufactured home park, mobile homes may not be located more than 50 feet from any public street. No part of any mobile home shall obstruct any roadway or walkway in a mobile home/manufactured home park. No mobile home pad, surface building, or access road (with the exception of the entrance road) shall be located within 25 feet of any public street.

Soil and ground cover requirements.

Unpaved and exposed ground surfaces in all parts of every park shall be covered and protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.

Park grounds shall be maintained free of vegetative growth which is a nuisance or poisonous or which may harbor rodents, insects, or other pests in sufficient quantities as to be harmful to man.

Areas for nonresidential use.

No part of any park shall be used for nonresidential purposes except such accessory uses that are required for direct servicing or recreation for the residents of the park and for the management and maintenance of the park.

In the event that the landowner shall be in the business of selling or renting mobile homes, such business shall be conducted in the interior of and not at the edge of the mobile home park.

Buffer strips and screening. All mobile home parks shall be required to provide an attractive visual screen along the boundary of the mobile home park, as follows:

Such screening shall consist of mixed evergreen plant material of varying species which shall provide a year-round screen.

At the time of planting, a sufficient amount of evergreen material to visually screen the property shall be at least six feet in height (after planting). The remainder of plantings may be of varying lesser heights.

The plantings shall be maintained permanently and replaced within six months in the event of death of any plant material. The plantings shall not be placed closer than 15 feet from any property line.

All existing deciduous and evergreen trees above two inches in caliper and/or six feet in height shall be preserved in the buffer areas, except where clearance is required to insure sight distance.

Generally, a minimum of 35% of plant material shall be evergreen and 10% flowering material.

Landscaping requirements.

No portions of tree masses or trees with caliper of six inches or greater shall be cleared unless it is demonstrated that such removal is necessary for the proposed mobile home park development. Operator shall make all reasonable efforts to preserve existing trees.

In addition to plantings for buffered setbacks, a mobile home park shall be subject to the following landscaping requirements:

Disturbed topsoil shall be stockpiled and replaced after construction.

Deciduous trees of varying species shall be planted in the mobile home park at the ratio of two per mobile home. If the event that a substantial portion of the tract is wooded and a substantial number of trees remain after development, the governing body may modify this requirement. Shade trees shall be preferred in the interest of moderating unit temperature.

Deciduous or evergreen shrubs of varying species shall be planted within the mobile home park at a ratio of at least four per mobile home.

(d)

Planting of landscape material shall be in accordance with a plan prepared by a registered landscape architect, and shall be completed within a reasonable time period established by the Board. Failure to carry out the landscaping plan within such time shall warrant denial of the park's annual license under § 170-53 hereof.

All existing trees and vegetation which are greater than 15 feet from any proposed mobile home pad perimeter shall be preserved insofar as possible. Such trees and vegetation may be utilized for landscaping requirements,

Street system.

Street design and construction standards. With the exception of those street standards specified in this article, §§ 170-25 through 170-35 of this chapter shall govern the design and construction of streets in a mobile home park

Park entrances. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Acceleration and deceleration lanes and/or traffic dividers shall be required when existing or anticipated heavy flows indicate need. At the discretion of the Board of Supervisors, a mobile home park may be required to have completely independent entrance and exit points located no closer than 200 feet from each other.

Off-street parking.

Off-site common parking areas may be provided in lieu of a required two parking spaces on each mobile home lot, in which case parking shall be provided at the rate of two spaces for each mobile home lot not equipped with two parking spaces. On-street parking shall be prohibited on internal roads and it shall be the duty of the owner or operator of the mobile home park to enforce this provision. Where common parking areas are provided, they shall be located no greater than 150 feet from the mobile home lots they are intended to serve.

Additional off-street parking spaces for vehicles of nonresidents shall be provided at the rate of one space for each two units.

Parking spaces shall not be within the required right-of-way of any street or accessway.

Additional off street parking spaces or areas for oversized vehicles of park residents shall be provided for in a common off-street parking area.

Common open space.

At least 15% of the gross area of each mobile home park, after subtraction of required buffer areas, shall be set aside as a common open space for the use and enjoyment of the residents of the mobile home park. Such common open space shall be substantially free of structures except for those designed for recreational purposes. A minimum of 50% of the common open space shall be suitable for active recreation.

No more than half of the open space area may be comprised of floodplain and sloped areas in excess of 20%.

Side yards, rear yards, seepage beds and drain fields (primary and backup), utility and maintenance easements, rights-of-way, buffer strips, and setback areas shall not be included for open space calculations.

At least 50% of the open space and recreation area shall be contiguous and at least 25% thereof shall be in an area not subject to flooding and shall be usable for active recreational purposes.

Recreation areas shall be accessible to all residents of the mobile home park.

(6)

Open space and recreation areas shall be maintained by the mobile home park operator.

(7)

All land set aside for open space shall be deed restricted, and so indicated on the plan of record, from further development and subdivision.

Service buildings.

Where a service building is provided, it shall contain a separate toilet and lavatory for each sex, and storage areas for occupants of the park. In addition, the applicant may provide laundry facilities, management office, repair shop, indoor recreational facilities and/or commercial uses to supply essential goods and services to park residents only.

Construction of service buildings shall be in compliance with all applicable building codes, and other applicable regulations of the Township of New Garden and shall be maintained in a clean, sanitary, and structurally safe condition.

Water supply. The requirements of § 170-42 of this chapter shall be applicable to any system of water supply to any mobile home park. In addition, the following requirements shall apply to all mobile home parks:

Where required by the Township, all units and structures within a mobile home park shall be connected to a public water supply system.

The water supply shall be capable of supplying a minimum of 350 gallons per day per unit.

A fire hydrant system shall be incorporated into the public water system where required. Hydrants shall be no greater than 600 feet apart as measured in the street right-of-way. Where the density is not such as to justify the use of hydrants, the Board may waive requirements in favor of an alternate emergency system. Fire hydrants and fire hydrant locations shall meet the specifications of the Middle States Department, Association of Fire Underwriters and the local fire companies serving the Township.

Sanitary sewage disposal. The requirements of § 170-41 of this chapter shall be applicable to the system and facilities for sanitary sewage treatment and disposal.

Refuse disposal.

The mobile home park operator shall be responsible for the proper storage, collection and disposal of refuse.

All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 200 feet from any mobile home space. Containers shall be provided in sufficient number and capacity to properly store all refuse.

All refuse storage shall be completely screened from view from any public right-of-way and any contiguous residential use. Screening shall consist of evergreen planting or an architectural screen.

Stormwater management. The requirements of § 170-36 of this chapter shall be applicable to all mobile home parks concerning stormwater management including storm drainage and erosion control measures.

Utilities and exterior lighting.

An electrical outlet supply of at least 110 volts of sixty-cycle alternating current shall be provided for each mobile home space. Such electrical outlets shall be grounded and weatherproofed.

Each mobile home lot will be provided with a walkway light located between the mobile home and parking area.

Fuel systems.

Fuel supply and storage.

Liquefied petroleum gas systems. The design, installation and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases shall conform to the Act of Pennsylvania Legislation 1951, December 27, P.L. 1793, as it may be amended; and to the regulations therefore promulgated by the Pennsylvania Department of Labor and Industry, or its successor.

Liquefied petroleum gas systems provided for mobile 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:

Systems shall be provided for safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

[2]

Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.

[3]

All liquefied petroleum gas piping outside of the mobile home shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment or systems in mobile homes.

[4]

Vessels of at least 12 U.S. gallons and less than 60 U.S. gallons gross capacity shall be maintained in a vertical position and shall be securely, but not permanently, fastened to prevent accidental overturning. No vessel shall be placed any closer to a mobile home exit than five feet.

[5]

No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure. Vessels should be screened in accordance with applicable standards set forth in the Township Zoning Ordinance.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6]

All pipe connections shall be of a flare type.

Fuel oil supply systems.

All fuel oil supply systems provided for mobile homes, service buildings, and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction.

All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.

All fuel oil supply systems provided for mobile homes, service buildings, and other structures shall have shutoff valves located within five inches of storage tanks.

(d)

All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit, and not less than three feet from any window.

(e)

Storage tanks located in areas subject to traffic shall be protected against physical damage. Storage tanks shall be screened in accordance with applicable standards set forth in the Township Zoning Ordinance.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Fire protection.

The mobile home park area shall be kept free of litter, rubbish and other flammable materials.

Portable hand-operated fire extinguishers of a type suitable for use on oil fires, and approved by the appropriate fire company or authorities shall be kept in each service building under park control and shall be required by the mobile home park operator to be placed in each mobile home in a fixed location preferably near a door but not in close proximity to cooking facilities.

All mobile home parks that shall be required to provide fire hydrants in accordance with §§ 170-42 and 170-51K of this chapter.

Where the water supply system does not provide at least six-inch water main, there shall be provided a two-inch frost-protected water riser within 300 feet of each mobile home or building.

Fire shall be permitted only for purpose of heating and cooking.

(6)

All mobile home parks shall be operated so as to comply with all state and local laws, ordinances and regulations pertaining to fire prevention.

§ 170-52 Miscellaneous structural requirements.

Additions. No permanent additions shall be built onto or become part of any mobile home unless they are in accordance with applicable state and local laws, ordinances and regulations.

Alterations. All plumbing and electrical alterations or repairs in the mobile home park shall be made accordance with applicable state and local laws, ordinances and regulations.

Mobile home pad. A concrete pad, properly graded, placed and compacted so as to be durable and adequate for the support of the maximum anticipated loads during all seasons shall be used for all mobile homes and in compliance with the Township of New Garden Building and Construction Codes.[1]

Editor's Note: See Ch. 75, Construction Codes, Uniform.

Anchoring. Every mobile home placed within a mobile home park shall be anchored to the mobile home pad where it is located prior to the unit being occupied or used in any other way. The anchoring system shall be designed to resist a minimum wind velocity to 90 miles per hour.

Stability. Each mobile home placed within a mobile home park shall, prior to occupancy or other use, be affixed to its mobile home pad in such a way as to prevent tilting of the unit.

Skirts. Each mobile home placed within a mobile home park shall, prior to occupancy or other use, have a skirt installed that is designed to complement the appearance of the mobile 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 mobile home be used for storage.

Accessory structures. Patios, car ports and other similar accessory structures shall be in compliance with all ordinances and codes as adopted by the Township of New Garden.

Hitch. The hitch or tow bar attached to a mobile home for transport purposes shall be removed and remain removed from the mobile home when it is placed on its mobile home pad.

§ 170-53 Annual approval of mobile home parks.

Permits required.

It shall be unlawful for any person to construct, alter, extend, or operate a mobile home park within the Township of New Garden unless and until the party obtains:

A valid permit issued by the Chester County Health Department in the name of the operator, for a specified construction, alteration or extension proposed; and

A mobile home park permit issued by the Township of New Garden Zoning Officer in the name of the operator, which shall not be issued until a copy of the Health Department permit has been furnished, all permits for water supply and sewage systems shall have been obtained, and all other requirements contained herein including fees and plan requirements have been complied with, and final approval of the application has been granted by the Board of Supervisors.

Annual licenses. In addition to the initial permits, the operator of a mobile home park shall apply to the Chester County Health Department and to the Township of New Garden Zoning Officer on or before the 15th day of December of each year for an annual license to continue operation of the mobile home park during the following calendar year. The Zoning Officer shall issue the annual license upon satisfactory proof that the park continues to meet the standards prescribed by state and county agencies jurisdiction, and the standards of this chapter.

Fees. Fees for the initial application, preliminary and final approvals, annual license, and inspection of a mobile home park during and following construction shall be prescribed by resolution of the Board of Supervisors.

Inspections.

Upon notification to the licensee, manager or person in charge of a mobile home park, the Zoning Officer or his designated representative may inspect a mobile home park at any reasonable time to determine compliance with this chapter.

The Zoning Officer is hereby authorized to stop all work or other activity which he finds to be in violation of the provisions of this or other applicable ordinances.

Upon receipt of the application for annual license and before issuing such annual license, the Zoning Officer or other designated representative of the Township shall make an inspection of the mobile home park to determine compliance with this chapter. The Zoning Officer or other representative shall thereafter notify the licensee of any instances of noncompliance with the chapter and shall not issue the annual license until the licensee has corrected all such violations.

Registration of occupants. Every person holding a mobile home park license shall cause to be kept a register that shall be open for inspection to any official of the Township. Such register shall contain the following information for each mobile home:

The lot number of the mobile home.

The names of all persons living in such mobile home.

The date of arrival of all mobile homes and the date of departure of all mobile homes that have been moved.

Appeal of mobile home park permit denial. Where the applicant or licensee feels that the Board and representing Township agent has failed to follow procedures or has misinterpreted or misapplied any provision of this chapter in the review of an application for a mobile home permit or an annual license renewal, he may appeal such action to the Zoning Hearing Board in accordance with Section 909.1 of the Pennsylvania Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10909.1 et seq.

§ 170-54 Maintenance of common areas and facilities.

The operator and licensee of a mobile 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 the Township of New Garden.

If it is noted by the Zoning Officer or representing agent of the Township that the operator and licensee have not maintained facilities in compliance with this chapter, the operator and licensee shall have 30 days in which to correct any such violation. The operator and licensee will be notified in writing, by certified mail, of such offense and necessary action.

§ 170-55 Removal of mobile homes.

No mobile home shall be removed from the Township without first obtaining a removal permit from the Township of New Garden Tax Collector as required by Act No. 54, 1969, of the Pennsylvania General Assembly. Such permits shall be issued upon payment of real estate taxes assessed against the home and unpaid at the time the permit is requested.

Any person who removes a mobile home from the Township of New Garden without first having obtained a removal permit shall, upon being found liable thereof in any civil enforcement proceeding, pay a fine of not more than $600, plus court costs and reasonable attorneys’ fees, for each and every violation. Each twenty-four-hour period during which failure to comply continues shall constitute a separate violation. This remedy shall be in addition to any other lawful remedies available to the Township.[1]