A.
It shall be unlawful for any person to construct, alter,
or extend or operate a mobile home park within Pocopson Township unless and
until he obtains:
(1)
A valid permit issued by the Chester County Health Department
in the name of the manager, for specified construction, alteration, or extension
proposed.
(2)
A permit issued by the Pocopson Township Zoning Officer
in the name of the manager, 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 have been complied with, and final approval of the application has
been granted by the Board of Supervisors.
(3)
Building permits for all structures serving the park
and for each mobile home pad additions to mobile homes. The manager or a lot
occupant can apply for permits, but the failure of either shall not excuse
the other.
B.
Annual licenses. In addition to the initial permits,
the manager shall apply to the Chester County Health Department and to the
Pocopson Township Zoning Officer on or before the first day of December of
each 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 having jurisdiction and the standards of this chapter. The
license so issued shall be valid for the calendar year applied for, or part
thereof remaining at the time of issuance. Annual license shall include, but
not be limited to:
(1)
An inspection of each pad area to assure compliance with
all utility standards, building and building maintenance standards, and safety
standards;
(2)
An inspection of all community buildings and structures
used by the residents to assure conformity with all building, maintenance,
and safety standards;
(3)
An inspection of the register of occupants and occupant
affidavits.
C.
Fees.
(1)
Fees for the initial application and preliminary and
final approvals shall be prescribed by resolution of the Board of Supervisors.
(2)
The fee for the annual license shall be prescribed by
resolution of the Board of Supervisors and shall be submitted to the Zoning
Officer with the application for the annual license.
D.
Inspection.
(1)
Upon notification to the manager, a representative of
Pocopson Township may inspect a mobile home park at any reasonable time to
determine compliance with this chapter.
(2)
Upon receipt of the application for annual license and
before issuing such annual license, the Zoning Officer or other designated
representative of Pocopson 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 manager of any instances
of noncompliance with the chapter and shall not issue the annual license until
the manager has corrected all such violations.
E.
Appeal of permit denial. Where the applicant or manager
feels that the Zoning Officer has failed to follow procedures or has misinterpreted
or misapplied any provision of this chapter in the review of an application
for a permit or an annual license renewal, and thereby denied such permit
or license, he may appeal such denial to the Pocopson Township Board of Supervisors
within 30 days of denial. The filing of a timely appeal to the Board of Supervisors
shall, in the case of denial of annual license renewal, stay such denial until
the Board of Supervisors has reviewed the denial and given its decision, in
writing, to the holder of the annual license, which shall be made after a
public hearing on the question of denial of annual license held after notice
of at least seven days shall have been given to the holder of the annual license.
In like manner, the denial of initial permits may be appealed to the Board
of Supervisors, which shall review such denial and give its decision to uphold
or reverse the denial, in writing, to the applicant for permit, which decision
shall be made after a public hearing on the question of denial of permit held
after notice of at least seven days shall have been given to the applicant
for permit.
A.
The manager shall maintain a register containing the
number of occupied mobile home pads and the names of all park occupants. Such
register shall be available to any authorized person inspecting the park.
The manager shall notify the Pocopson Township Tax Collector and other appropriate
offices in accordance with state and local taxation laws of the arrival and
departure of each mobile home. Notification shall be made within 10 days of
arrival and no less than 30 days prior to departure. The register shall be
submitted to the Township as part of the application for renewal of the mobile
home park's annual license.
B.
The manager shall obtain a sworn affidavit, in a form
acceptable to the Township, from each prospective resident prior to occupation
of a mobile home site, stating that he/she is aware that the Township specifically
prohibits the managers or other agents from requiring the purchase of a mobile
home from them or a company recommended by them as a condition to their ability
to lease a mobile home site. Furthermore, the prospective resident shall also
state that he/she is aware that the Township prohibits the manager of a mobile
home park from requiring the use of particular fuel distributors or charging
residents more than 10% above prevailing retail prices for fuel if such is
sold by the manager.
C.
No mobile home shall be removed from the Township without
first obtaining a removal permit from the Pocopson Township Tax Collector
as required by Act. No. 54, 1969, of the Pennsylvania General Assembly.[1] Such permit shall be issued upon payment of fee of $10 and real
estate taxes assessed against the home and unpaid at time the permit is requested.[2]
D.
Any manager who fails to notify the Pocopson Township
Tax Collector of the arrival or departure of a mobile home or any person who
removes a mobile home from Pocopson Township without first having obtained
a removal permit shall, upon being found liable thereof in a criminal enforcement
proceeding, pay a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees, and may be incarcerated for a period not exceeding 90 days
for each and every violation. Such fine, costs, attorneys' fees, and incarceration,
after being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure. Each
twenty-four-hour period during which failure to comply continues shall constitute
a separate violation. The Township Code Enforcement Officer shall initiate
criminal enforcement proceedings in order to achieve compliance with this
section. The manager shall also be responsible for payment of real estate
taxes due on any mobile home for which no notification was given.[3]
