Prospect Park City Zoning Code
ARTICLE VI
R-3 Residential District
§ 70-18 Purpose.
Zoning District R-3 is designated primarily for a mix of high-density residential uses.
§ 70-19 Use regulations.
A building may be erected, altered or used and a lot or premises may be used or occupied subject to the provisions of Article X, Floodplain Regulations, for any of the following uses and no other.
B.
Permitted accessory uses.
(1)
Accessory use on the same lot which is customarily incident to any of the above-permitted uses and not detrimental to the residential character of the neighborhood.
(2)
Parking, in accordance with Article XII, Off-Street Parking and Loading Facilities, provided that no private driveway or off-street parking area shall be used for the storage or parking of any commercial vehicle, nonpassenger vehicle or truck in excess of 3/4 ton capacity, except in such cases when construction or other work is being done on the premises and the parking or storage is of a temporary nature.
§ 70-20 Height regulations.
[Amended 4-9-2002 by Ord. No. 1234, approved 4-9-2002]
The maximum height of dwellings and other structures erected, enlarged or used shall be 35 feet, except for a private garage, the maximum shall be 14 feet. Measurement is taken from the lowest and highest grade at the foundation and these figures divided by two to create an average, and the height is determined from the average.
§ 70-21 Townhouse, apartment and unified apartment development.
§ 70-22 Mobile home park regulations.
In addition to the applicable requirements set forth in the Prospect Park Subdivision and Land Development Ordinance, the Building Code, the Fire Prevention Code and the Plumbing Code,[1] the following shall apply:
A.
Development standards.
(1)
Site location. The following locational requirements shall apply:
(a)
Mobile home parks shall be free from adverse influence by swamps, marshes, garbage or rubbish disposal areas or other potential breeding places for insects or rodents.
(b)
Mobile home parks shall not be subject to flooding.
(c)
Mobile home parks shall not be subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.
(2)
Site drainage requirements.
(a)
The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
(b)
Surface water collectors and other bodies of standing water capable of breeding mosquitoes and other insects shall be eliminated or controlled in a manner approved by the Pennsylvania Department of Environmental Protection.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(c)
Wastewater from any plumbing fixture or sanitary sewer line shall not be deposited upon the ground surface in any part of a mobile home park.
(3)
Soil and ground cover requirements.
(a)
Exposed ground surfaces in all parts of every park shall be paved or covered with stone screenings or other solid material or protected with a vegetable growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
(b)
Mobile home park grounds shall be maintained free of vegetative growth which is poisonous or which may harbor rodents, insects or other harmful pests.
(4)
Mobile home park areas for nonresidential uses. No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of the residents and for the management and maintenance of the mobile home park.
(5)
Required setbacks.
(a)
All mobile homes shall be located at least 40 feet from any property boundary line abutting upon a public street or highway and at least 30 feet from other property boundary lines.
(b)
There shall be a minimum distance of 20 feet between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a common parking area or other common areas and structures. There shall be a minimum distance of 15 feet between an individual mobile home, including accessory structures attached thereto, and adjoining pavement of a private street and a minimum distance of 10 feet between an individual mobile home and a minor street or parking court serving less than 10 mobile homes.
(c)
No individual mobile home within the mobile home park may be less than 25 feet from any other individual mobile home, nor from any administration, service or accessory building.
(6)
Requirements for mobile home accessory structures.
(a)
Any accessory structure to a mobile home which is attached to a mobile home and/or located within 10 feet of any of its windows and has a top or roof that is higher than such window shall be considered to be part of the mobile home.
(b)
Individual storage buildings shall not exceed six feet by eight feet. They shall not be located closer than two feet from a mobile home or its side or rear property line.
(7)
Mobile home park street system.
(a)
A safe and convenient vehicular access shall be provided from abutting public streets or roads.
(b)
Access to and internal streets of mobile home parks shall be designed to minimize congestion and hazards at their entrance(s) or exit(s) and to allow free movement of traffic on adjacent streets. These mobile home park streets shall have a minimum road pavement width of 24 feet, provided that parking is off-street. A minor street serving less than 10 mobile homes may have a minimum width of 18 feet, provided that parking is prohibited on both sides of said street.
(c)
Streets shall be approximately right angles within 100 feet of an intersection. A distance of at least 150 feet shall be maintained between center lines of offset intersection streets. Intersections of more than two streets at one point shall be avoided.
(d)
Streets shall be constructed in conformance with the Borough standards for materials and thicknesses.
(e)
All mobile home parks shall be furnished with lighting fixtures so spaced and so equipped with luminaries as to provide adequate levels of illumination throughout the mobile home park for the safe movement of vehicles and pedestrians at night. Lighting fixtures shall be positioned so as not to shine directly into mobile home units.
(8)
Off-Street parking areas.
(a)
Off-street parking areas shall be provided in all mobile home parks for the use of mobile home park occupants and guests. A minimum of two parking places for each mobile home unit shall be required.
(b)
Required car parking spaces shall be so located as to provide convenient access to the mobile home, but shall not exceed a distance of 200 feet from the mobile home that it is intended to serve.
(9)
Walks and patios.
(a)
All mobile home parks shall provide safe, convenient and functional pedestrian access of adequate width for intended use between individual mobile homes, streets and all community facilities provided for the resident. Sudden changes in alignment and gradient shall be avoided.
(b)
Where a common-walk system is provided and maintained between locations and where pedestrian traffic is concentrated, such common walks shall have a minimum width of four feet.
(c)
All mobile home stands shall be connected by common walks to streets, driveways or parking spaces. Such walks shall have a minimum width of four feet.
(d)
Each mobile home shall have a paved patio of at least 180 square feet.
(10)
Mobile home stands.
(a)
The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.
(b)
The mobile home stand shall be designed so as not to heave, shift or settle unevenly under the weight of the mobile home because of frost action, inadequate drainage, vibration or other forces acting on the superstructure and shall make provisions for tie-down of the mobile home.
(11)
Recreation areas. Recreation areas and facilities shall be provided to meet the anticipated needs of the residents of the mobile home park.
(12)
Landscaping.
(a)
All mobile home parks shall provide screening along the property boundary line separating the mobile home park and adjacent property.
(b)
The screening area shall be at least 10 feet wide. The height of the foliage shall be five to six feet. A landscaping plan shall be submitted showing the location, size and species of all trees and shrubs to be preserved or planted.
(c)
Deciduous trees of varying species shall be planted within the mobile home park at the ratio of at least four 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 Borough Council may modify this requirement upon the recommendation of the Planning Commission.
(d)
Deciduous and/or evergreen shrubs of varying species shall also be planted within the mobile home park at a ratio of at least eight per mobile home.
(e)
Ground cover shall be planted within the mobile home park subject to the review and approval of the Borough Council upon the recommendation of the Planning Commission.
(f)
Planting of landscape material shall be in accordance with a plan prepared by a landscape architect and shall be completed within six months of occupancy of the dwelling units. Failure to comply to carry out the landscaping plan within such time shall warrant denial of the mobile home park's annual license as hereinafter provided.
(13)
Water supply.
(b)
Water storage facilities. All water storage reservation shall be covered, watertight and constructed of impervious materials. Overflows and vents of such reservoirs shall be effectively screened. Manholes shall be constructed with overlapping covers so as to prevent the entrance of contaminated material. Reservoir overflow pipes shall discharge through an acceptable air gap.
(c)
Water distribution system.
[1]
All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and municipal regulations.
[2]
The water piping system shall not be connected with nonpotable or questionable water supplies and shall be protected against the hazards of backflow or backsiphonage.
[3]
The system shall be so designed and maintained as to provide a pressure of not less than 20 pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply.
(14)
Sewage disposal.
(a)
Individual sewer connections.
[1]
Each mobile home stand shall be provided with at least a four-inch diameter sewage riser pipe. The sewer riser pipe shall be so located on each stand that the sewer connection to the mobile home drain outlet will approximate a vertical position.
[2]
The sewer connection shall have a nominal inside diameter of not less than four inches and the slope of any portion thereof shall be at least 1/4 inch per foot. All joints shall be watertight.
[3]
All materials used for sewer connections shall be semirigid, corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth.
[4]
Provision shall be made for plugging the sewer riser pipe when a mobile home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least 1/2 inch above ground elevation.
(b)
Sewer lines. All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the mobile home park water supply system. All sewer lines shall be constructed of materials approved by the Pennsylvania Department of Environmental Protection and by Prospect Park Borough.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(15)
Electrical distribution system.
(a)
General requirements. Every mobile home park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with Philadelphia Electric Company's specifications regulating such systems and the National Electric Code.[2]
(b)
Power distribution lines.
[1]
All power lines shall be located underground.
[2]
All direct burial conductors or cable shall be buried at least 28 inches below the ground surface and shall be insulated and specially designed for this purpose. Such conductors shall be located not less than one foot radial distance from water, sewer, gas or communications.
(c)
Individual electrical connections.
[1]
Each mobile home lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volts AC, 50 amperes.
[2]
The mobile home shall be connected to the outlet receptable by an approved type of flexible cable with connectors and a male attachment plug.
[3]
Where the calculated load of the mobile home is more than 50 amperes, either a second outlet receptacle shall be installed or electrical service shall be provided by means of permanently installed conductors.
(d)
Required grounding. All exposed non-current-carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor run with branch circuit conductors and other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.
(16)
Service buildings and other community service facilities.
(a)
The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities when constructed as:
(b)
No such construction shall commence until a building permit has been obtained as required by the Borough of Prospect Park for the procurement of a building permit for the erection or alteration of buildings.
(c)
Where an administration or service building is provided, it must contain a toilet and lavatory for each sex and storage areas for occupants of the mobile home park.
(17)
Structural requirements for buildings.
(a)
All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture.
(18)
Refuse handling. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution and shall comply with the sanitary regulations of the Pennsylvania Department of Environmental Protection and the Borough of Prospect Park.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(19)
Insect and rodent control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the applicable requirements of the Pennsylvania Department of Environmental Protection and the Borough of Prospect Park.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(20)
Fuel supply and storage.
(a)
Natural gas systems.
[1]
Natural gas piping systems, when installed in mobile home parks, shall conform to the rules and regulations of the American Gas Association.
[2]
Each mobile home lot provided with piped gas shall have a United Gas Improvement Company approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with a United Gas Improvement Company cap to prevent accidental discharge of gas when the outlet is not in use.
(b)
Liquefied petroleum gas systems.
[2]
The design, installation and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases shall conform to the regulations promulgated by the Pennsylvania Department of Labor and Industry and such other governmental agencies as have jurisdiction thereover.
[3]
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
[4]
Systems shall have at least one accessible means for shutting off gas.
[5]
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 and systems in mobile homes.
[6]
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 any window than three feet.
[7]
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure.
[8]
All pipe connections shall be of a flare type.
(c)
Fuel oil supply systems.
[1]
All fuel oil supply systems provided for mobile homes, administration service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the National Fire Protection Association Standard.
[2]
All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely 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 be not 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.
(21)
Fire protection.
(b)
Mobile home park areas shall be kept free of litter, rubbish and other flammable materials.
(c)
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 and administration building under mobile home park control and shall be required by the mobile home operator to be placed in each mobile home in the park, located in a fixed location, preferably near a door, but not in close proximity to cooking facilities.
(d)
All mobile home parks shall be provided with fire hydrants to meet the specifications of the Middlestates Department Association of Fire Underwriters and in sufficient numbers to be within 600 feet of all existing and proposed structures and mobile homes, as measured along streets.
(e)
The water supply source shall permit the operation of a minimum of 1 1/2 inch hose streams.
(f)
Each of two nozzles held four feet above the ground shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest point of the park for a period of at least 20 minutes.
(22)
Decorative skirt. After a mobile home has been placed on the mobile home stand, the hitch which is employed for the usual and normal movement of the unit shall be removed, and there shall be placed around the base of the unit a decorative skirt so as to obscure the wheels of the unit and the general unsightly undercarriage mechanism.
B.
Management requirements. Responsibilities of the mobile home park management.
(1)
The operator and owner shall be responsible for maintaining all common facilities, including but not limited to roads, parking areas, sidewalks or pathways, common open space, water supply and sewage disposal systems and administration and service buildings, in a condition of proper repair and maintenance. If, upon inspection by the Building Inspector, 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 chapter, and the Building Inspector shall notify the operator or licensee of the particulars of any such violation.
(2)
In the event of failure to maintain the facilities, the operator and licensee shall thereafter have 30 days in which to correct any such violations, unless the violation is determined by the Building Inspector to constitute a hazard to the health or safety of the residents of the mobile home park, in which case he shall order that the violation be corrected forthwith.
(3)
The mobile home park management shall supervise the placement of each mobile home on its mobile home stand, which includes securing its stability and installing all utility connections.
(4)
The mobile home park management shall give the Borough, as well as the representative of the Pennsylvania Department of Environmental Protection, free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspection.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(5)
The management shall maintain a register containing the names of all mobile home park occupants and the date of arrival of each mobile home. Such register shall be available to any authorized person inspecting the mobile home park.
(6)
The management shall report new mobile home park arrivals to the Borough Secretary and to the Borough Tax Collector. This report shall be made no less than monthly in a written report form. The management shall report the departure of all persons not less than 30 days prior to such departure.
(7)
The management shall immediately notify the local Pennsylvania Department of Environmental Protection and the Borough of any suspected communicable or contagious disease within the mobile home park or upon any suspicion thereof.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
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, 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 herein, as determined by the Borough Council. The bond shall remain in effect for the duration of the operation of the mobile home park.
(2)
In the event of noncompliance with an order pursuant to this chapter, the Borough may enforce the maintenance bond to provide for the correction of violations.
D.
Required permits.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(1)
It is unlawful for any person to construct, operate, maintain or alter a mobile home park without prior compliance with this chapter and issuance and receipt of a building permit or use and occupancy permit, as may be appropriate. Prospect Park Borough will issue no permits until the applicant has complied with all applicable requirements of Delaware County, the Pennsylvania Department of Environmental Protection and such other governmental agencies as may have jurisdiction thereover. No mobile home may be removed from the mobile home park without prior notice to the Building Inspector and the issuance of a removal permit by the Borough Tax Collector.
(2)
Application to the Pennsylvania Department of Environmental Protection. All applications for permits shall be made by the owner of the mobile home park or his authorized representative in accordance with the rules and regulations of the Commonwealth of Pennsylvania Department of Environmental Protection, Regulations for Mobile Home Parks.
(3)
Inspection of park and issuance of mobile home park permit. Upon receipt of such application, the Building Inspector, the Borough Council and the Planning Commission shall forthwith inspect the applicant's mobile home park to determine compliance with the provisions hereof. Upon favorable determination of the same and upon being furnished a copy of the permit issued by the Pennsylvania Department of Environmental Protection to the applicant and payment of the fee prescribed herein, the Borough Secretary shall issue a mobile home park permit to the applicant which shall be valid until the end of the calendar year in which the permit is issued.
E.
Annual licenses and fees.
(1)
In addition to the initial permit, the operator of a mobile home park shall apply in the month of December to the Prospect Park Building Inspector for an annual license to continue operation of the mobile home park for the succeeding calendar year. Prior to the issuance of any annual license, the Building Inspector shall ensure that the mobile home park continues to meet all standards of all governmental agencies having jurisdiction thereover, including but not limited to Delaware County, the Pennsylvania Department of Environmental Protection and, further, that the mobile home park is in compliance with all terms of this chapter and such terms and conditions as may be issued by Prospect Park Borough as part of the initial approval or subsequent approval of the mobile home park or any phase thereof.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(2)
A fee shall be paid by the applicant for the issuance of an original permit, said fee to be in accordance with a fee schedule adopted by the Borough for the issuance of permits. In addition, a fee shall be paid for each yearly renewal permit, said fee to accompany the renewal application. This yearly renewal fee shall be $100.
F.
Registration.
[Amended 10-13-2009 by Ord. No. 1297, approved 10-13-2009]
(1)
It shall be unlawful for any person to operate a mobile home park within the limits of the Borough of Prospect Park unless he holds certification of registration issued annually by the Pennsylvania Department of Environmental Protection and by the Borough of Prospect Park in the name of such person for the specific mobile home park. Proof of Pennsylvania Department of Environmental Protection registration shall be furnished to the Prospect Park Secretary by no later than February 1 of each year.
(2)
Every person holding a certificate shall file a notice, in writing, to the Pennsylvania Department of Environmental Protection and the Prospect Park Secretary within 10 days after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park or any parcel, lot or track therein. If the certificate of registration is transferred by the Pennsylvania Department of Environmental Protection, proof for such transfer shall be furnished to the Prospect Park Secretary forthwith.
G.
Inspection.
(1)
The Borough Health Officer or any other representative of the Prospect Park Borough Council may inspect a mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter.
(2)
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 any regulations adopted pursuant thereto, the Prospect Park Borough Secretary shall give notice, in writing, to the person to whom the certificate was issued, advising them that unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license to operate in Prospect Park Borough shall be suspended at the end of such period. Such mobile home park shall be reinspected, and if such conditions or practices shall not have been corrected, the Borough Secretary shall suspend the license and give notice, in writing, of such suspension to the person to whom the certificate is issued.