Concord Township City Zoning Code
ARTICLE IX
R-MHD Mobile Home Development District
§ 210-57 Declaration of legislative intent.
In addition to the statement of community development objectives set forth in § 210-2 of this chapter, as amended, it is hereby declared to be the specific intent of this article with respect to the R-MHD Mobile Home Development District to establish standards of performance and to promote the desirable benefits which planned mobile home developments may have upon the community and the residents within them. It is further the intent of this article to ensure the interdependency and compatibility of proposed mobile home developments with essential utilities and surrounding land uses in the Township. It shall further be the intent of this district to:
A.
Reflect the changes in the technology of home building and land development so that resulting economies may inure to the benefits of those who need homes.
B.
Further the general welfare by extending greater opportunities for better and more affordable housing to all present and prospective residents of Concord Township.
C.
Provide for better quality and greater variety in type, design and layout of mobile home developments than has been evident in many mobile home parks in the past by enforcing uniform standards, desirable design criteria and encouraging innovative site design approaches.
D.
Provide for a diversity in housing types and prices.
E.
Encourage mobile home developments that are beneficial rather than detrimental to property values and the general welfare of the area in which they are proposed.
§ 210-58 Use regulations.
[Amended 1-12-1999 by Ord. No. 233]
A.
Uses by right.
(1)
A mobile home development (MHD), which may include mobile homes of single width or multiple width, or both, single-family detached modular homes, conventionally built single-family detached homes, or any combination thereof, but shall not include travel trailers or motor homes. No more than 30% of the total number of dwelling units in a mobile home development may be conventionally built or modular single-family detached dwellings.
(2)
An adult residential community, as defined herein, which may consist of multiple widths single-family detached mobile homes, but shall not include travel trailers or motor homes.
(a)
"Adult residential community" shall mean a residential development planned, designed and developed with the particular purpose of accommodating and providing for dwelling units and related facilities which provide an environment specifically suited to the needs, wants and desires of older persons, including housing authorized and permitted by the United States government and the Commonwealth of Pennsylvania.
(b)
Such housing for older persons may including housing:
[1]
Provided under any state or federal program that the United States Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in Pennsylvania or in Housing and Urban Development programs);
[2]
Intended for, and solely occupied by, persons 62 years of age or older; or
[3]
Intended and operated for occupancy by persons 55 years of age or older, in which case:
[a]
At least 80% of the units shall be occupied by at least one adult who is age 55 or older;
[b]
The adult residential community must publish and adhere to policies and procedures that demonstrate its intent to be housing for adults who are age 55 or older; and
[c]
The adult residential community must comply with applicable state and federal regulations governing the verification of occupancy of units in the community.
(c)
No residents are permitted in an adult residential community who are under the age of 18 years, provided that children under 18 years are permitted for an aggregate of 90 days in any calendar year; provided, further, that the age restrictions set forth in this definition shall not apply to employees of the adult residential community who perform duties substantially related to managing or maintaining the adult residential community or to providing reasonable accommodations for disabled residents.
(d)
The age restriction provision applicable to the development shall be set forth on the final approved development plan as part of plan notes, shall be contained in the final land development approval and shall also be set forth as restrictions and covenants in a recorded declaration that encumbers the property and runs with the land and enforceable by the Township as beneficiary.
(3)
An adult residential community, as defined in Article IX, § 210-58A(2), consisting exclusively of modular homes.
[Added 4-3-2001 by Ord. No. 257]
B.
Uses by special exception.
[Added 11-5-2008 by Ord. No. 325]
(1)
A cellular telecommunications facility with antennas attached to a nonresidential building or a structure of a permitted church, municipal or governmental building or facility and a building or structure owned by a public utility regulated by the Pennsylvania Public Utility Commission, subject to the applicable provisions of Articles XXA and XXVIII.
§ 210-59 Site regulations.
A mobile home development may be allowed by the Township Council in the R-MHD District only pursuant to the procedure specified in § 210-67 and subject to the following regulations. The burden of proving compliance with these regulations shall be on the applicant.
A.
The tract of land to be developed shall be in single and separate ownership.
B.
Any parcel to be used as a mobile home development must have a minimum tract area of 15 contiguous acres of land.
C.
Any site proposed for a mobile home development shall not be subject to adverse environmental influence, such as swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.
D.
Any site proposed for a mobile home development shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odors or glare, as defined by the Township Council and all appropriate ordinances.
E.
The location of all mobile home developments shall be protected by screening or other appropriate means against any undesirable off-site views or any adverse influence (such as heavy commercial or industrial use, heavy traffic or brightly lighted activities) from adjoining streets and areas.
F.
Mobile home developments shall not be located directly abutting conventionally built single-family detached housing of significantly different unit value and density than the proposed mobile homes, except where extensive natural buffering exists and will be retained or can be created so as to functionally and visually separate the two sites or where compatible units or modular or conventionally built homes will be located in the mobile home development adjacent to the existing residences. The developer shall provide any necessary transition between differing residential structural types, unit values and densities within the mobile home development tract.
G.
Any site proposed for a mobile home development shall, in the opinion of the Township Council, be easily accessible to essential community facilities and services such as employment centers, shopping centers, schools and police and fire protection.
H.
Every area to be used as a mobile home development must be served exclusively by the municipal waste disposal system and a centralized water supply system, if those facilities are available, the word "available" being defined here and elsewhere in this subsection as "within 500 yards," and if each such system is found to contain the necessary capacity to serve the proposed development; or, alternatively, the area to be used as a mobile home development must, if it cannot connect to either or both the centralized water supply and municipal sanitary sewer systems, be served by a common single water supply system serving all dwelling units and other structures in the development and/or a common single sanitary sewer system doing likewise consistent with the Master Sewage Treatment Plan of Concord Township (as amended) as filed with the Pennsylvania Department of Environmental Protection, either or both of which, as applicable, must have the approval of the Pennsylvania Department of Environmental Protection, the Pennsylvania Utilities Commission and the Delaware River Basin Commission.
(1)
The satellite system shall be designed and constructed in a manner that will permit adequate connection to the centralized or public system in the future.
(2)
The administrative structure for the satellite system shall be organized in a manner that will facilitate easy interconnection of the two systems.
(3)
The developer shall be required to show proof that the satellite system intended to serve the proposed development will not interfere with any existing sewage disposal system or any existing water supplies, be they wells for nearby properties or sources of water for other community systems.
(4)
When the centralized or public system reaches the development site, connection to it shall be mandatory, and the cost of the eventual interconnection shall be borne by the developer or the organization that is set up to own and operate the satellite system.
(5)
If, after development occurs, the satellite water system is deemed to be the cause of interference with existing water supplies or the satellite sewer system is deemed to be the cause of any pollution, extension of the centralized or public systems may be required at that time. The cost of the extension and hookup shall be borne by the developer or organization owning and operating the satellite system.
I.
Any tract intended for a mobile home development must have direct access to a collector type road (or a road of a higher classification), as defined by the Township Comprehensive Plan or Ultimate Right-of-Way Ordinance, which the Township Council deems capable of accommodating the transport of mobile home units, upon recommendation of the Township Engineer. Plans evidencing provision of safe and efficient ingress and egress to and from the public streets and highways servicing the mobile home development district, without causing undue confusion or interference with the normal traffic flows, shall be submitted to the Township Council and must be approved by the Township Engineer, who shall make the determination based on the adequacy of the thoroughfare to carry the additional traffic generated by the mobile home development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J.
Density. The total number of lots in a mobile home development shall not exceed a maximum density of five per net acre. All area not contained in net acreage, as defined in this chapter, shall be excluded from density calculations.
K.
Notes shall be placed on the plan for an adult residential community in an MHD District that set forth covenants that shall be recorded. These covenants shall include, without limitation, covenants to ensure that the adult residential community complies with the provisions of the United States Fair Housing Act and the Pennsylvania Human Relations Act.[1] The covenants shall run to the benefit of the Township, and shall not be amended or stricken without the express prior written consent of the Township.
[Added 1-12-1999 by Ord. No. 233]
(1)
All marketing materials for the adult residential community shall state that the development is intended to be used as housing for older persons.
(2)
Any and all documents conveying an interest in a mobile home or modular home in the adult residential community, including but not limited to agreements of sale and leases, shall contain provisions intended to ensure compliance with the requirements for an adult residential community.
[Amended 4-3-2001 by Ord. No. 257]
(3)
The adult residential community shall survey the occupants of the community at least once every two years to verify compliance with the Township's definition of an adult residential community. In verifying age, the adult residential community shall require documentation that satisfies the requirements of the United States Fair Housing Act and any regulations promulgated thereunder.
(4)
An adult residential community shall promulgate, adopt, publish and enforce rules and regulations that comply with the provisions and requirements of the United States Fair Housing Act and regulations promulgated thereunder.
[1]
Editor's Note: See 43 P.S. § 951 et seq.
§ 210-60 Yard and area regulations.
A.
Mobile homes.
(1)
Setback from tract boundary. No mobile home or other primary building may be located closer than 75 feet to any boundary of a mobile home development, regardless of whether that boundary abuts a lot, water body, road or other right-of-way. In the event that a mobile home development abuts another such development, this provision will not apply unless said abutting mobile home developments are separated by a public highway; however, all other applicable setbacks prescribed herein shall apply. Should two abutting mobile home developments be separated by a public highway, then the seventy-five-foot setback requirement shall apply.
(2)
Lot area. All mobile home lots in a mobile home development, regardless of tenure, shall have a minimum lot size of 5,000 square feet, when on-lot parking is provided, excluding the area of any private driveway to a rear lot, except that this may be reduced to no less than 4,500 square feet when common parking is provided.
(3)
Lot width. No individual mobile home lot shall be less than 55 feet in width at the building setback line, although this may be reduced to 45 feet where roofed additions are prohibited or where the applicant can demonstrate that roofed additions can be added without violating the provisions of Subsections A(5)(a) and B herein. No individual mobile home lot shall be less than 25 feet in width at the right-of-way line of a public street or the equivalent right-of-way line or the edge of the pavement of a private street, measured 50 feet from the center line of a public or private street or right-of-way, as applicable.
[Amended 3-5-1991 by Ord. No. 177]
(4)
Building area. The maximum coverage of any individual mobile home lot by all primary and accessory buildings and structures, including covered patios or decks, shall be not greater than 25%.
(5)
Minimum structure setbacks.
(a)
Front yard. In no case shall the long side of a mobile home, or any side of another primary building or accessory use, be located closer than 50 feet from the center line of a public or private street or right-of-way; provided, however, that the short side of a mobile home may be located no closer to the ultimate right-of-way than 15 feet. No more than six homes in a row shall have the same setback; where varied setbacks are utilized, the difference shall be at least four feet.
(6)
Height. No structure built in a Mobile Home Development District shall exceed a height of two stories or a maximum of 25 feet.
B.
Conventionally built and modular homes. Relative to the required lot size and setback requirements of the R-1 District, the lot size required for conventionally built and modular homes in the R-MHD District may be reduced a maximum of 25% and the lot width and yard setbacks may be reduced a maximum of 15%. All other requirements applicable to mobile homes as specified in Subsection A above remain applicable to modular homes and conventionally built single-family homes.
C.
Residential adult community. An adult residential community shall comply with the yard and area regulations for mobile homes set forth in § 210-60A, except where otherwise provided below:
[Added 1-12-1999 by Ord. No. 233]
(1)
Setback from tract boundary. Where the primary buildings in an adult residential community will parallel the boundary of the mobile home development, the setback may be reduced to 55 feet. In addition, should two mobile home developments which substantially abut one another, both of which are adult residential communities, be separated by a public highway, then the seventy-five-foot setback requirements from the highway may be reduced to 55 feet from the highway.
(2)
Building area. The maximum building coverage of any individual mobile home lot in an adult residential community by all primary and accessory buildings and structures, including covered patios or covered decks, may be increased to not more than 40% if a garage is built on the lot, provided that the maximum building coverage of the adult residential community development as a whole does not exceed 25%. Driveway areas, unroofed patios and unroofed decks shall not be included in calculating the coverage of either an individual mobile home lot or the adult residential community development.
(3)
Minimum front yard structure setbacks. In no case shall the long side of a mobile home, or any side of another primary building or accessory use, that is located in an adult residential community, except for an accessory use of a garage for the lot owner's vehicle or vehicles, be located closer than 45 feet from the center line of a public or private street or right-of-way; provided, however, that the short side of a mobile home may be located no closer to the ultimate right-of-way than 15 feet. No more than eight mobile homes in a row (unless faced parallel to the street) shall have the same setback; where varied setbacks are utilized, the difference shall be at least four feet.
D.
Adult residential community of modular homes. An adult residential community consisting exclusively of modular homes shall comply with all applicable yard and area regulations set forth in § 210-60A, B and C and § 210-61A and B, except where otherwise provided below:
[Added 4-3-2001 by Ord. No. 257]
(1)
Lot width. Eighty percent of the individual lots within an adult residential community consisting exclusively of modular homes shall be at least 55 feet in width at the building setback line. The width of the remaining 20% of the individual lots may be reduced to 30 feet at the building setback line.
(2)
Building area. The maximum building coverage on the individual lots by all primary and accessory buildings and structures, including covered patios or covered decks, within an adult residential community consisting exclusively of modular homes may be increased to not more than 55%, provided that the maximum building coverage of the development as a whole does not exceed 25%. Driveway areas, unroofed patios and unroofed decks shall not be included in calculating the building coverage of either an individual lot or the overall development.
(3)
Minimum front yard structure setbacks. In no case shall the long side of a modular home within an adult residential community consisting exclusively of modular homes be located closer to the legal right-of-way of any road than 15 feet. In the event that the legal right-of-way constitutes a tract boundary, this requirement shall take precedence over the tract boundary setback requirements set forth in § 210-60A(1) of the Township Code.
(4)
Distance between structures. Modular homes and roofed structures attached thereto within an adult residential community consisting exclusively of modular homes shall be separated from each other, and from other buildings and structures, other than accessory structures, a minimum of 10 feet at their closest points.
(5)
Patios and decks. Accessory patios and decks within an adult residential community consisting exclusively of modular homes may encroach a maximum of 10 feet into any setback and/or buffer yard of 35 feet or more.
[Amended 11-5-2003 by Ord. No. 274]
§ 210-61 Special development regulations.
[Amended 1-12-1999 by Ord. No. 233]
A.
Setback from common parking facilities. No mobile home or accessory use shall be located within 25 feet of any common parking area.
B.
Distance between structures.
(1)
Mobile homes and roofed structures of areas attached thereto shall be separated from each other, and from other buildings and structures, other than accessory structures, at their closest points by a minimum of 20 feet; provided, however, that whenever two mobile homes have their longer sides parallel or essentially parallel to each other for more than 25% of the length of either, the minimum distance between the two mobile homes shall be 30 feet. The sides shall be considered essentially parallel if they form an angle of less than 45° when extended to intersect.
(2)
Mobile homes and roofed structures of areas attached thereto in an adult residential community shall be separated from each other, and from other buildings and structures, other than accessory structures, at their closest points by a minimum of 20 feet. Provided further, however, that where an attached accessory structure, such as a garage, parallels the longer walls of a mobile home or accessory structure on an adjacent lot, the minimum distance between two structures (whether primary or accessory) may be 10 feet, but only for one wall of an accessory structure which shall not exceed 27 feet. The sides shall be considered essentially parallel if they form an angle of less than 45° when extended to intersect. Unroofed patios and decks shall not be considered to be a structure or an accessory structure for the purposes of calculating these setback distances.
§ 210-62 Common open space.
At least 20% of the site area of the mobile home development must be in common open space, as defined herein, no more than 1/3 of which may be required buffer area. The configuration and location of the common open space must be consistent with the requirements of § 160-60J of the Concord Township Subdivision Ordinance.
§ 210-63 Community impact analysis.
An application for a mobile home development in the R-MHD District shall be accompanied by an analysis of the impact of the proposed development upon public facilities, utilities and roadway systems. This analysis must include at least the following information:
§ 210-64 Landscaping regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The landscaping regulations set forth in Article XXI shall apply.
§ 210-65 Sign regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The sign regulations set forth in Article XXIII shall apply.
§ 210-66 Off-street parking and loading requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The off-street parking and loading requirements set forth in Article XXII shall apply.
§ 210-67 Site plan review requirements.
A.
Application. Any person desiring to develop a tract of land for a mobile home development shall make application, in writing, to the Township Zoning Officer. Such applications shall include, as a minimum, a tentative sketch plan indicating basically how the applicant intends to develop the property and sufficient data to document compliance with the standards specified in § 210-59. The Township Council shall schedule a public hearing on said application within 60 days, unless this time limit is waived by the applicant, and shall render its decision on the application within 60 days of the closing of the record of the hearing. If no decision is published within 60 days of the closing of the record, the application shall be deemed to have been denied.
B.
Public hearing. Prior to deciding to approve or deny the development of a tract for a mobile home development, the Township Council shall hold a public hearing thereon pursuant to public notice. At least 45 days prior to the date of the hearing, one copy of the development proposal and all additional submitted information shall be transmitted to the Township Planning Commission and one to the Delaware County Planning Commission, together with a request that these agencies submit recommendations regarding said use. Any and all costs incurred by the Township by reason of the public hearing, including legal advertising costs, cost of stenographer attending the hearing and transcription of the notes of testimony offered at the hearing, shall be paid for by the applicant.
C.
Initiation of development. If approval is granted for the development of a mobile home development based on the submittal of a development plan and a developer's agreement acceptable to the Township Council, development of the tract shall be initiated within two years of the date of approval, and if not, the approval is void. At such time, if development of the tract is desired, a reapplication must be made which shall be processed and acted upon by the normal procedure established in Chapter 160, Subdivision and Land Development, of the Code.