Chester Heights City Zoning Code
ARTICLE IX
Mobile Home Park Districts
§ 185-32 Applicability.
In a Mobile Home Park District, the following regulations shall apply
§ 185-33 Use regulations.
A building may be erected and used and a lot may be used or occupied for any purpose permitted in an R 1-1/2 District.
§ 185-34 Definitions.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the meanings herein indicated. The singular shall include the plural and the plural shall include the singular. The past tense shall include the future tense. The word "shall" is always mandatory.
A parcel or parcels of land or an area of water or a combination of land and water within a mobile home park site designed and intended for the use or enjoyment of residents of the mobile home park, not including streets, off-street parking areas, areas set aside for public facilities, and required setbacks and buffers.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in the land.
A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation and including any addition or accessory structure, such as porches, sheds, decks or additional rooms.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereof of a single mobile home, which is leased by the park owner to the owner or occupants of the mobile home erected on the lot.
A concrete pad at least six inches in thickness with at least six tie-down rings, to which the mobile home shall be secured, and at least equal in length and width to the dimensions of the mobile home to be placed thereon.
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
§ 185-35 Application procedure.
An 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.
A.
Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights shall govern the processing of all applications for mobile home park development and is accordingly incorporated herein in its entirety.
B.
In addition to the requirements of Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights, an application for preliminary or final approval of a mobile home park shall indicate by drawings, diagrams, maps, text, affidavit or other legal instrument, the following:
(1)
That the parcel or lot for which application is made is held in single and separate ownership.
(2)
The placement, 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 40 feet.
(3)
The location and dimension of all driveways, pedestrian ways, sidewalks, and access roads with notation as to type of impervious cover.
(4)
The location and dimension of all parking facilities.
(5)
The locale, dimension and arrangement of all areas to be devoted to lawns, buffer strips, screen planting and recreation.
(6)
Location and dimension of all buildings existing or proposed to be built and all existing tree masses and trees of over six inch caliper.
(7)
Proposed provisions for handling of stormwater drainage, 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.
(8)
Proposed provisions for treatment of sanitary sewage together with proof that the treatment and disposal of such sewage meets with and has the approval of the agency of the commonwealth having jurisdiction over such matters.
§ 185-36 Area and density regulations.
A.
A mobile home park shall have an area of not less than 20 acres.
B.
No mobile home, office or service building shall be closer to a public street right-of-way line than 50 feet, nor closer to the edge of an interior street than 25 feet, nor closer to an adjacent property than 75 feet.
C.
There shall be no more than four mobile homes per gross acre.
D.
There shall be no mobile home unit sited within an area bounded by 25 feet and the parallel extension lines from the exterior walls of each mobile home unit, depicted as follows:
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E.
No mobile home or accessory structure shall be sited so that it is within 10 feet of any other mobile home or accessory structure, depicted as follows:
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F.
At least 20% of the remaining gross area of each mobile home park, after subtraction of required buffer areas, shall be set aside as common open space for the use and enjoyment of the residents of the mobile home park. Such common space shall be substantially free of structures except for those designed for recreational purposes.
§ 185-37 Street system.
A.
The entrance road or area connecting the park with a public street or road shall have a minimum pavement width of 34 feet for a depth of at least 100 feet from the public street or road.
B.
Street construction and design.
(1)
Grades. Grades of all streets within a mobile home park shall be sufficient to insure adequate surface drainage but shall not be more than 7%.
(2)
Curves.
(a)
Horizontal. Whenever an internal street is deflected in excess of 5º, connections shall be made by horizontal curves having minimum center-line radii of 150 feet.
(b)
Vertical. At all changes in grade of an internal street where the algebraic difference exceeds 1%, vertical curves shall be provided to permit a minimum sight distance of 200 feet.
(3)
Within 100 feet of an intersection, intersecting streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between the center lines of offset intersecting streets. Intersections of more than two streets at one point shall be prohibited.
(4)
All internal streets and roadways shall be constructed of concrete or macadam of sufficient bearing strength and design to accommodate mobile home units and of sufficient width to accommodate anticipated traffic and parking. In no case shall an internal street or roadway have less than 20 feet of paved width. Dead-end streets shall be provided at the closed end with a turnaround having an outside radius of not less than 40 feet.
C.
Illumination of streets. All mobile home parks shall be furnished with lighting fixtures so spaced and so equipped with luminaries as will provide adequate levels of illumination throughout the park for the safe movement of vehicles and pedestrians at night.
D.
Preservation of sight lines. No structure, fence, tree, shrub or other planting shall be maintained between a line two feet above the street level and a plane seven feet above the street level so as to interfere with traffic visibility across the corner within the triangle bounded by the intersecting street lines and a straight line drawn between points on each street 25 feet from the intersection of said street lines.
§ 185-38 Off-street parking areas and walks.
A.
Off-street parking for at least two motor vehicles shall be provided at each mobile home site. Each parking stall shall be at least 9 1/2 feet by 20 feet and shall be of either macadam or bituminous concrete construction, which shall be specified in the plan. Off-site common parking areas may be provided in lieu of parking slots at each mobile home site; but, in such case, parking slots shall be provided at the ratio of two slots for each mobile home site not equipped with on-site parking.
B.
Additional, parking spaces for vehicles of nonresidents shall be provided at the rate of two spaces for each 10 units. Such parking spaces may be provided either:
(1)
On-street, on one side only, in which case the road width requirement specified in § 185-37B(4) shall be increased by adding seven feet to the paved width; or
(2)
By providing sufficient additional off-street parking spaces. In the event that such additional parking spaces are provided off-street, then 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.
C.
All mobile home parks shall provide safe, convenient, all-season pedestrian walkways of adequate width for their intended use, durable and convenient to maintain, between the park streets and all community facilities provided for park residents.
§ 185-39 Storm drainage, erosion and sedimentation control.
A.
The storm sewerage system shall be designed to minimize erosion and flooding using, as desirable, catchment basins, silt traps and design of cartways so as to minimize runoff. The design of all storm sewerage systems shall be based on an anticipated two-inch-per-hour rainfall with 100% runoff.
B.
The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance and the destruction of natural amenities. Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes.
C.
Erosion and sedimentation control measures such as minimizing the areas of exposed soil, mulching, building silt catchment basins and planting temporary ground cover shall be instituted during the period of construction and shall be in accordance with the standards and specifications of the Delaware County Soil and Water Conservation District.
§ 185-40 Water supply.
A.
Wherever an existing public water system is geographically and economically accessible to the proposed mobile home park, a distribution system connecting thereto shall be designed to furnish an adequate supply of water to each mobile home and all service buildings with adequate main sizes and fire hydrant location to meet the specifications of the Middle-States Department, Association of Fire Underwriters and the Borough Fire Code.
B.
Where a satisfactory public water supply system is not available, a mobile home park may be served by a community water supply system which shall meet all applicable requirements and regulations of state and county agencies having jurisdiction.
§ 185-41 Sanitary sewage disposal.
A.
Wherever an existing public sanitary sewer system is geographically and economically accessible to the proposed mobile home park, the park's sanitary sewer system shall be connected thereto.
B.
Where a satisfactory public sanitary sewer system is not available, a mobile home park may be served by a community sewage treatment system, provided that the necessary permits are obtained from the Department of Environmental Protection and any other authority having jurisdiction.
C.
Any community sewage system, the effluent of which is proposed to enter a water course of the Commonwealth of Pennsylvania, shall comply with all effluent control standards established by state, county and municipal authorities.
§ 185-42 Utility distribution system.
All utilities shall be installed and maintained in accordance with utility company specifications regulating such systems and shall be underground.
§ 185-43 Common open space areas and buffers.
A.
Standards for location and management. Common open space areas shall be located and designed as areas easily accessible to residents and preserving natural features. Common open space areas should include both active recreation areas for all age groups and, particularly where the site includes a watercourse or hilly or wooded areas, lands should be left in their natural state. At least 50% of the open space areas shall be located in an area not subject to flooding and which is usable for active recreational use. No such active recreational open space areas shall be less than 1/4 acre in size.
B.
Buffers.
(1)
Buffered setbacks shall be a minimum of 15 feet in width and shall be placed along all boundaries of the mobile home park except where they shall interfere with egress and ingress and sight distances and shall consist of a visual screen of mixed evergreen and deciduous plant material of varying species. At the time of planting, a sufficient amount of evergreen material visually to screen the property shall be at least five feet in height (at the time of planting) and the remainder of plantings may be of varying lesser heights.
(2)
The plantings shall be maintained permanently and replaced within one year in the event of death or removal of any plant material. Plantings shall not be placed closer than three feet to any property line.
(3)
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.
(4)
Generally, a minimum of 35% of plant material shall be evergreen and 10% flowering material.
§ 185-44 Service buildings and facilities.
A.
Where a service building is provided, it must contain a 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. It is also recommended that the applicant provide sheltered waiting areas for transportation and a mail box area for residents.
B.
Construction requirements and maintenance. Construction of service buildings shall be in compliance with all applicable building codes, plumbing codes and other codes of like nature, and shall be maintained in a clean, sanitary and structurally safe condition.
§ 185-45 Fuel supply and storage.
A.
Liquefied petroleum gas systems.
(1)
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 Legislature 1951, December 27, P.L. 1793, as it may be amended,[1] and to the regulations therefor promulgated by the Pennsylvania Department of Labor and Industry, or its successor.
[1]
Editor's Note: See 35 P.S. § 1329.2.
(2)
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:
(a)
Systems shall be provided with 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 the mobile home and shall be maintained in effective operating condition.
(c)
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.
(d)
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, and no closer to any window than three feet.
(e)
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.
(f)
All pipe connections shall be of a flare type.
B.
Fuel oil supply systems.
(1)
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.
(2)
All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.
(3)
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.
(4)
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.
(5)
Storage tanks located in areas subject to traffic shall be protected against physical damage.
§ 185-46 Fire protection.
A.
All mobile home parks shall be provided with fire hydrants to meet the specifications of the Middle States Department Association of Fire Underwriters but, in any case, in sufficient numbers to be within 600 feet of all existing and proposed structures and mobile homes, measured by way of accessible streets.
B.
Portable hand-operated fire extinguishers of a type suitable for use on oil fires and approved by the local fire prevention authority shall be kept in each service building under park control and shall be required by the mobile home operator to be placed in each mobile home in the park, located inside the mobile home in a fixed location preferably near a door but not in close proximity to cooking facilities.
§ 185-47 Landscaping.
A.
No portions of tree masses or trees with a caliper of four inches or greater shall be cleared unless clearly necessary for effectuation of the proposed mobile home park development. Applicants shall make all reasonable efforts to harmonize their plans with the preservation of existing trees.
B.
In addition to plantings for buffered setbacks, a mobile home park shall be provided with the following landscaping requirements:
(1)
Disturbed topsoil shall be stockpiled and replaced after construction.
(2)
Deciduous trees of varying species shall be planted within the mobile home park at the ratio of two per mobile home site. In the event that a substantial portion of the tract is wooded and a substantial number of trees remain after development, Borough Council may modify this requirement.
(3)
Deciduous and/or evergreen shrubs of varying species shall also be planted within the mobile home park at a ratio of at least four per mobile home site.
(4)
Planting of landscape material shall be in accordance with a plan prepared by a registered landscape architect and shall be completed within six months of approval of the final plan, and failure to carry out the landscaping plan within such time shall warrant denial of the park's annual license under § 185-48B hereof.
§ 185-48 Permits, licenses, fees and inspections.
A.
Permits required. It shall be unlawful for any person to construct, alter or extend or operate a mobile home park within Chester Heights Borough unless and until he obtains a permit issued by the Chester Heights Borough Zoning Officer in the name of the operator, which shall not be issued until 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 governing body.
B.
Annual licenses. In addition to the initial permits, the operator of a mobile home park shall apply to the Chester Heights Borough Zoning Officer on or before the 10th day of each year for an annual license to continue operation of the mobile home park. 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 one year from the date of issuance.
C.
Fees.
(1)
Fees for the initial application and preliminary and final approvals shall be prescribed by resolution by the Borough Council of Chester Heights.
(2)
The fee for the annual license shall be prescribed by resolution of the Borough Council and shall be submitted to the Zoning Officer with the application for the annual license.
D.
Inspection.
(1)
Upon notification to the licensee, manager or person in charge of a mobile home park, a representative of Chester Heights Borough 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 Chester Heights Borough 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.
§ 185-49 Maintenance of facilities.
The operator and owner shall be responsible for maintaining all common facilities, including but not limited to roads, parking areas, sidewalks or pathways, landscaping, common open space, water supply and sewage disposal systems and service buildings, in a condition of proper repair and maintenance. If upon inspection by a Zoning Officer or other representative it is determined that the mobile home park is not in compliance with this standard of maintenance, the licensee shall be considered to be in violation of this article and the Zoning Officer shall notify the operator or licensee of the particulars of any such violation.
§ 185-50 Failure to maintain.
The operator and licensee shall thereafter have 30 days in which to correct any such violations, except that if the violation is determined by the Zoning Officer or other representative to constitute a hazard to the health or safety of the residents of the mobile home park, he shall order that the violation be corrected forthwith.
§ 185-51 Maintenance bond.
A.
The licensee of a mobile home park shall, prior to issuance of any certificate of occupancy pursuant to final approval of an application, post with the Borough a maintenance bond in a form acceptable to the Borough Solicitor in an amount sufficient to cover, for a period of two years, the cost of maintenance of all common facilities, as defined in §§ 185-37, 185-38, 185-40, 185-41, 185-43 and 185-44, as determined by the Borough Zoning Officer or other representative.
§ 185-52 Violations and penalties.
Any person who violates any provision of this article shall be guilty of a summary offense and upon conviction shall be required to pay a penalty, for the use of Chester Heights Borough, in a sum not more than $300, together with the costs of prosecution, or shall be imprisoned in the Delaware County Prison for a term not to exceed 30 days, or both. Each day that a violation continues shall constitute a separate offense.
§ 185-53 Revocation or suspension of license.
Upon repeated violations by the same permittee, his right to the issuance of a permit, or to continued operation under a permit, may be suspended for a fixed term or permanently revoked, after notice and hearing, subject to the right of appeal to the Delaware County Common Pleas Court.