It shall be unlawful for any person to construct,
alter, extend or operate any mobile home park within the limits of
New Salem Borough unless he holds a valid permit issued by New Salem
Borough in the name of such person for the specific construction,
alteration or extension proposed.
Applications for mobile home park approval shall conform to the requirements and procedures as established in Articles III and IV of this chapter and the following permit requirements:
A.
Application to New Salem Borough. The applicant shall
submit an application to the New Salem Borough Secretary, using a
form furnished by that officer, for a permit to operate a mobile home
park in New Salem Borough.
B.
Inspection and issuance of permit. Upon receipt of
such application, the New Salem Borough Planning Commission and Borough
Council shall forthwith inspect the applicant's plans and proposed
park to determine compliance with the provisions of this chapter.
After favorable determination of same, the Council shall issue a mobile
home park permit to the applicant, which shall be valid for a period
of one year thereafter.
C.
Renewal permits. Renewal permits for a like period
shall be issued by the Borough Council upon furnishing proof by the
applicant that his park continues to meet the standards prescribed
by this chapter.
Each application for a new or renewal permit hereunder shall be accompanied by the payment of a fee as required in § 205-76 of this chapter. In the event that the Borough is required to perform additional or unusual service in determining said application, the cost of such additional service shall be borne by the applicant. Such charges shall be levied whether or not the application is approved.
Mobile home parks in existence as of the effective
date of this chapter shall be required to meet only the standards
of the Pennsylvania Department of Environmental Protection and the
existing Borough ordinances which were in effect at the time the initial
development was approved or established. All other minimum standards
prescribed herein shall be applicable only to those parks which are
constructed or expanded after the effective date hereof.
A.
New Salem Borough permit. It shall be unlawful for
any person to operate any mobile home park within the limits of New
Salem Borough unless he holds a permit issued annually by New Salem
Borough in the name of such person for the specific mobile home park.
Proof of such registration shall be furnished to the New Salem Borough
Secretary no later than February 1 of each year.
B.
Transfer of ownership. Every person holding a mobile
home park permit shall file notice, in writing, to the New Salem Borough
Council within 10 days after having sold, transferred, given away,
or otherwise disposed of interest in or control of any mobile home
park.
C.
Suspension. Whenever, upon inspection of any mobile home park, it is determined that conditions or practices exist which are in violation of any provision of this chapter or of any regulations adopted pursuant thereto, the New Salem Borough Council shall give notice, in writing, to the person to whom the certificate is issued, advising him that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license to operate in New Salem Borough shall be suspended. At the end of such period, such mobile home park shall be inspected and, if such conditions or practices have not been corrected and the licensee has not requested a hearing, the New Salem Borough Secretary shall suspend the license and give notice, in writing, of such suspension to the person to whom the certificate is issued. Any person, partnership or corporation who is in violation of any provisions of this chapter shall be subject to the penalties stated in § 205-77 of this chapter.
A.
Inspections. An authorized representative of New Salem
Borough may inspect a mobile home park at reasonable intervals, and
at reasonable times, to determine compliance with this chapter.
B.
Inspector. The New Salem Borough Council is hereby
designated as the persons to make such inspections. Another or additional
inspectors may also be authorized to make inspections or additional
inspections at the discretion of the New Salem Borough Council.
C.
Authorization of act. The inspection officer may,
at his discretion, give notice for violations of this chapter and
issue notice thereof, without express authority from the New Salem
Borough Council in each instance.
The location and minimum area of all mobile
home parks shall comply with the following minimum requirements:
A.
Site area. The site area of any mobile home park shall
not be less than five contiguous acres.
B.
Site location. The location of all mobile home parks
shall comply with the following minimum requirements. The parks must
be:
(1)
Free from adverse influence by swamps, marshes, garbage
or rubbish disposal areas, or other potential breeding places for
insects or rodents.
(2)
Not subject to flooding.
(3)
Not subject to any hazard or nuisance, such as excessive
noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
C.
Site drainage requirements. Surface water collectors
and other bodies of standing water capable of breeding mosquitoes
and other insects shall be eliminated or controlled.
D.
Soil and ground cover requirements:
(1)
Exposed ground surfaces in all parts of every park
shall be paved or protected with a vegetative growth that is capable
of preventing soil erosion and the emanation of dust during dry weather.
(2)
Park grounds shall be maintained free of vegetative
growth which is poisonous or which may harbor rodents, insects, or
other pests harmful to man.
E.
Required setbacks, placement, buffer strips and screening. Lot size, setbacks and screening requirements shall be as required in Chapter 240, Zoning, if applicable.
F.
Occupancy. The minimum number of stands completed
and ready for occupancy before the first occupancy is permitted shall
be two stands. No space shall be rented except for periods of 90 days
or more.
The size and shape of blocks in mobile home
parks shall be determined with regard to:
A.
The area of the mobile home stand shall be improved
to provide an adequate frost-free foundation for the placement of
the mobile home, thereby securing the superstructure against uplift,
sliding, or rotation, and in no event shall the mobile home be erected
on jacks, loose blocks, or other temporary materials.
B.
The foundation area shall be provided with anchors
and tie-downs such as cast-in-place concrete “deadmen.”
In all cases, only tie-down systems which meet current manufacturer's
standards and local codes, if applicable, shall be used.
C.
In lieu of Subsection B above, each mobile home may be installed upon, and securely fastened to, a frost-free foundation or footer.
D.
An enclosure of compatible design and material shall
be erected around the entire base of each mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
All streets within mobile home parks shall conform
to the following standards:
A.
General requirements. A safe and convenient vehicular
access shall be provided from an abutting public street or road. However,
upon recommendations by the Borough Engineer, the Borough Council
may require that one or more additional vehicle access points to the
public road system be provided.
D.
Street status. Construction, improvement and maintenance
of all streets within the mobile home park shall be the responsibility
of the mobile home park owner. All mobile home park streets shall
be private streets.
E.
Street construction. Except as otherwise noted in this section, streets shall be constructed in accordance with the specifications for minor streets as stated in Article V of this chapter and shall be constructed in accordance with the land development plan as approved.
F.
Curbs. Curbs shall be installed along both sides of all streets in accordance with the requirements of § 205-34 of this chapter.
G.
Sidewalks:
(1)
All parks must provide and maintain safe, convenient,
all-season pedestrian access of adequate width to all community facilities
provided for park residents. Sudden changes in alignment and gradient
shall be avoided.
(2)
Where pedestrian traffic is concentrated and a common
sidewalk system is provided, such common sidewalks shall have a minimum
width of four feet.
(3)
All mobile home lots shall be connected to common
sidewalks, or to streets, or to driveways or parking spaces connecting
to a street. Such individual sidewalks shall have a minimum width
of two feet.
A.
Water supply:
(1)
All mobile home parks must be connected to the existing
public water system serving the Borough.
(2)
The water system proposed to serve the park shall
comply with all applicable design and construction standards of the
Pennsylvania Department of Environmental Protection and the York Water
Company, or their successors.
B.
Sewage disposal. If the mobile home park can be served
by the extension of an existing public sanitary sewer system of satisfactory
capacity on or within 1,000 feet of the proposed development, the
applicant shall construct and install a complete sanitary sewage collection
system, which must be connected by the developer to the existing public
sanitary sewer system. Where a satisfactory public sewer system is
not available, a community sewer system must be provided and shall
be approved by the Pennsylvania Department of Environmental Protection.
All sanitary sewer systems shall be designed, constructed and maintained
in accordance with Pennsylvania Department of Environmental Protection
and/or local health regulations.
Electric, telephone and all other utility facilities
shall be provided as necessary within the mobile home park. Such utilities
shall be installed underground and maintained in accordance with the
local utility company's specifications regulating such systems.
Streetlights may be required at the discretion
of the Borough to illuminate streets, driveways, and interior pedestrian
walkways for the safe movement of vehicles and pedestrians at night.
Their type and location shall be shown on the plan.
Paved off-street parking areas must be provided for each mobile home lot and must also be provided to serve recreation areas, utility or service buildings, and the park office. A minimum of two off-street parking spaces must be provided for each mobile home in accordance with § 240-20 of Chapter 240, Zoning, for any residential dwelling unit.
A.
Local regulations. The mobile home park area shall
be subject to the rules and regulations of the New Salem Borough fire
authorities where provided. A copy of the mobile home park plan shall
be provided to the appropriate fire company officials.
B.
Litter control. Mobile home park areas shall be kept
free of litter, rubbish and other flammable materials.
A.
Except for home occupations, no part of any park shall
be used for nonresidential purposes, except such uses that are required
for direct servicing and well-being of park residents and for the
management and maintenance of the park.
B.
Nothing contained in this section shall be deemed
as prohibiting the sale of a mobile home located on an approved mobile
home lot and connected to utilities.
C.
Portions of parks, not to exceed 5% of the total land
area, may be used for commercial purposes if, in the opinion of the
Borough, such uses are primarily intended to serve the residents of
the park. Such 5% of the total land area shall also contain all parking
and landscaped areas associated with the commercial uses.
A.
The person to whom a license for a mobile home park
is issued shall operate the park in compliance with this chapter and
shall provide adequate supervision to maintain the park, its facilities
and equipment in good repair and in a clean and sanitary condition.
B.
The park management shall supervise the placement
of each mobile home on its mobile home lot. This includes securing
its stability and installing all utility connections.
C.
The park management shall give the Borough officials
free access to all mobile home lots, service buildings and other community
service facilities for the purpose of inspection.
D.
The management shall maintain a register containing
the names of all park occupants. Such register shall be available
to any authorized person inspecting the park.
E.
A building permit shall be obtained by the park management for all structures and mobile homes in accordance with Chapter 63, Building Permits. Overnight campers, recreational vehicles and unoccupied mobile homes for sale are excluded from this requirement.
F.
No mobile home located in a mobile home park shall
be removed from New Salem Borough without first obtaining a permit
from the New Salem Borough Tax Collector, as required by Act No. 54
of the Pennsylvania General Assembly, Session of 1969. Such permit
shall be issued upon payment of the prescribed fee and all real estate
taxes assessed against the home and unpaid at the time the permit
is requested.
The following is a listing of minimum requirements
that shall be included within a set of rules and regulations developed
by each mobile home park operator to inform each prospective tenant
of the park's operating policies:
A.
Number of pets allowed and other restrictions.
B.
Speed limits and traffic control within the park.
C.
Rent payment provisions and subletting policies.
D.
Garbage collection schedules.
E.
Vehicular ownership and maintenance restrictions.
F.
Responsibilities of the tenant regarding behavior,
including that of children and visitors.
G.
Policies regarding swimming pools, mobile home skirting
and other lot improvements required by operator or desired by tenants.
H.
Maintenance responsibilities of each tenant.
