East Bradford Township
City Zoning Code
City Zoning Code
ARTICLE XIV
Mobile Home Parks
§ 115-61 Title.
This article shall be known and may be cited as the "East Bradford Township Mobile Home Park Ordinance."
§ 115-62 Definitions.
A.
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. Where a word is not defined in this article, the definitions contained in the East Bradford Township Zoning and/or the East Bradford Township Subdivision and Land Development Ordinances shall prevail.[1]
§ 115-63 Application for development.
A.
An application for development of a lot or parcel of land for mobile home park purpose shall be made to the Board of Supervisors and approved, or approved as modified, before any zoning permit for such use shall issue.
C.
In addition to the requirements contained in Article IV of Chapter 95, Subdivision and Land Development, an application for preliminary for final approval of a mobile home park shall indicate, by drawings, diagram, 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, pedestrianways, sidewalks and access roads, with a notation as to the 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)
The location and dimension of all buildings existing or proposed to be built and all existing trees of over six-inch caliper.
(7)
Proposed provisions for handling of street and on-site lighting and electrical supply.
§ 115-64 Development standards.
A.
The area and bulk regulations set forth in § 115-23C for mobile home parks in the R-4 District shall apply.
B.
Area and density regulations.
(1)
A mobile home park shall have a lot area of not less than eight acres.
(2)
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.
(3)
There shall be no more than four mobile homes per acre of lot area of the tract to be developed as a mobile home park.
(4)
No point of any part of a mobile home shall be closer than 25 feet from any other mobile home or accessory building.
(5)
At least 20% of the remaining gross area of each mobile home park, after subtraction of required buffer areas, shall be set aside as open space for the use and enjoyment of the residents of the mobile home park. The open space shall be free of structures except for those designed for recreational purposes.
[Amended 11-8-2005 by Ord. No. 9-2005]
(6)
Any mobile home lot shall have a minimum area of 6,000 square feet and a minimum width of 50 feet.
(7)
The total area of impervious surface within a mobile home park shall be no more than 35% of the gross acreage of the tract.
C.
Park street system.
(1)
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.
(2)
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. Lighting fixtures shall be designed or shielded to eliminate direct illumination upon mobile homes and shall not create glare upon pedestrian or vehicular traffic lanes.
(3)
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.
(5)
Parking. On-street parking is prohibited on streets with a cartway width of less than 24 feet. Where cartway width is at least 24 feet, parking shall be permitted on one side of the street only.
D.
Off-street parking areas and walks.
(1)
Off-street parking for at least two motor vehicles shall be provided at each mobile home site. Each parking space shall be accessible from the street and shall be at least 9 1/2 feet by 20 feet and shall be of either gravel or macadam construction, which shall be specified in the plan. Off-site common parking areas may be provided in lieu of parking spaces at each mobile home site; but, in such case, parking shall be provided at the rate of two spaces for each mobile home site not equipped with two parking spaces.
(2)
Additional parking spaces for vehicles of nonresidents shall be provided in centralized parking lots at the rate of one space per each mobile home.
(3)
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.
(a)
All mobile home sites shall be connected to common walks and to streets or to driveways connecting to a paved street. Each such walk shall have a minimum width of 3 1/2 feet.
F.
Water supply. All mobile home parks shall be required to connect to the existing public water supply system in East Bradford Township, and the water mains installed within the mobile home parks shall provide for fire hydrants in accordance with the specifications of the Insurance Services Office.
H.
Utility distribution system. All utilities shall be installed and maintained in accordance with utility company specifications regulating such systems and shall be underground.
I.
Open space areas and buffers.
[Amended 11-8-2005 by Ord. No. 9-2005]
(1)
Standards for location and management.
(a)
Open space areas shall be located and designed in areas contiguous to residential areas and easily accessible to residents and shall preserve natural features. Open space areas should include both active recreation areas, which may include but not necessarily be limited to such uses as playing fields, tennis courts, swimming pools, etc., for all age groups and, particularly where the site includes a watercourse or hilly or wooded areas, land which is left in its natural state.
(b)
At least 25% of the open space areas shall be located in an area not subject to flooding and which is usable for active recreation. No such active recreational open space areas shall be less than 1/4 acre in size.
(2)
Buffers.
(a)
Buffered setbacks 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 to visually screen the property shall be at least five feet in height, after planting, and the remainder of plantings may be of varying lesser heights.
(b)
The plantings shall be maintained permanently and replaced within one year in the event of death of any plant material. Plantings shall not be placed closer than three feet from any property line.
(c)
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 ensure sight distance.
(d)
Generally, a minimum of 35% of plant material shall be evergreen and 10% flowering material.
J.
Service buildings and facilities.
(1)
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 mailbox for residents.
(2)
Construction requirements and maintenance. Construction of service buildings shall be in compliance with all applicable codes and ordinances, including but not limited to building codes and plumbing codes, and shall be maintained in a clean, sanitary and structurally safe condition.
K.
Fuel supply and storage.
(1)
Liquefied petroleum gas systems.
(a)
The design, installations 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;[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. § 1321 et seq.
(b)
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:
[1]
Systems shall be provided with 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 United States gallons and less than 60 United States 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.
[5]
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.
[6]
All pipe connections shall be of a flare type.
(2)
Fuel-oil supply systems.
(a)
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.
(b)
All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.
(c)
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.
L.
Landscaping.
(1)
No portions of tree masses or trees with caliper of four inches or greater shall be cleared except where absolutely necessary at the location of streets, mobile home pads, utilities and ancillary buildings. Applicants shall make all reasonable efforts to harmonize their plans with the preservation of existing trees.
(2)
In addition to plantings for buffered setbacks, a mobile home park shall be provided with the following landscaping requirements:
(a)
Disturbed topsoil shall be stockpiled and replaced after construction.
(b)
Deciduous trees of varying species shall be planted within the mobile home park at the ratio of two per mobile home. In the event that a substantial portion of the tract is wooded and a substantial number of trees remain after development, the governing body may, in its sole discretion, modify this requirement.
(c)
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.
(d)
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 final plan, and failure to carry out the landscaping plan within such time shall warrant denial of the park's annual license under § 115-65 hereof.
M.
Miscellaneous structural requirements.
(1)
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. In no event shall the thickness of the pad be less than four inches of concrete supported by four inches of crushed stone.
(2)
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's being occupied or used in any other way or the expiration of seven days, whichever occurs first. The anchoring system shall be designed to resist a minimum wind velocity of 90 miles per hour.
(3)
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.
(4)
Skirts. Each mobile home placed within a mobile home park shall, prior to occupancy or other use, have a skirt installed which is designed to complement the appearance of the mobile home and is coordinated with other units throughout the park.
(5)
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.
§ 115-65 Permits and licenses required; inspections.
A.
It shall be unlawful for any person to construct, alter or extend or operate a mobile home park within East Bradford Township unless and until he obtains:
(1)
A valid permit, issued by the Chester County Health Department in the name of the operator, for a specified construction, alteration or extension proposed;
(2)
A permit, issued by the East Bradford Township 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 sewerage 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; and
(3)
An occupancy permit, which, upon completion of the installation of a mobile home and before its occupancy, the Zoning Officer shall issue after he inspects the mobile home and the mobile home park and determines that the provisions of this article have been met. A mobile home shall not be used in any way before an occupancy permit is issued.
B.
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 East Bradford 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 article. The license so issued shall be valid for the calendar year applied for, or part thereof remaining at the time of issuance.
C.
D.
Inspection.
(1)
Upon notification to the licensee, manager or person in charge of a mobile home park, a representative of East Bradford Township may inspect a mobile home park at any reasonable time to determine compliance with this article.
(2)
Upon receipt of the application for annual license and before issuing such annual license, the Zoning Officer or other designated representative of East Bradford Township shall make an inspection of the mobile home park to determine compliance with this article. The Zoning Officer or other representative shall thereafter notify the licensee of any instances of noncompliance with the article and shall not issue the annual license until the licensee has corrected all such violations.
E.
Appeal of permit denial. Where the applicant or licensee feels that the Zoning Officer has failed to follow procedures or has misinterpreted or misapplied any provision of this article in the review of an application for a permit or an annual license renewal, he may appeal such action to the East Bradford Township Zoning Hearing Board in accordance with Section 909 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See now 53 P.S. § 10909.1.
§ 115-66 Register of occupants.
The park 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 appropriate offices, in accordance with state and local taxation laws, of the arrival and departure of each mobile home. The register shall be submitted to the Township as part of the application for renewal of the mobile home park's annual license.
§ 115-67 Removal of mobile homes.
A.
No mobile home shall be removed from the Township without first obtaining a removal permit from the East Bradford Township Tax Collector as required by Act No. 54, 1969, of the Pennsylvania General Assembly.[1] Such permit shall be issued upon payment of a fee of $2 and real estate taxes assessed against the home and unpaid at the time the permit is requested.
[1]
Editor's Note: See 72 P.S. § 5020-407.
B.
Any person who removes a mobile home from East Bradford Township without first having obtained a removal permit shall, upon summary conviction thereof, be sentenced to pay a fine of $100 and costs of prosecution or undergo imprisonment for not more than 30 days, or both.
§ 115-68 Maintenance.
A.
Maintenance of facilities. The operator and licensee shall be responsible for maintaining all common facilities, including but not limited to roads, parking areas, sidewalks or pathways, open space, water supply and sewage disposal systems and service buildings, in a condition of proper repair and maintenance so that all common facilities shall be fully usable for the intended and design purposes and be free of debris and refuse. If, upon inspection by the 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.
[Amended 11-8-2005 by Ord. No. 9-2005]
B.
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, in his sole discretion, 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.
C.
Maintenance bond.
(1)
The licensee of a mobile home park shall, prior to issuance of any certificate of occupancy pursuant to final approval of an application for new development or expansion, post with the Township a maintenance bond in an amount to be set by the Township Engineer.
D.
Fire extinguishers. 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.
§ 115-69 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 East Bradford Township in a sum not more than $300, together with the costs of prosecution, or shall be imprisoned in Chester County Farms Prison for a term not to exceed 30 days, or both. Each day that a violation is continued shall constitute a separate offense.
§ 115-70 Revocation or suspension of licenses.
Upon repeated violations by the same permittee, his right to the issuance of a permit, or to continue 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 Chester County Common Pleas Court.