Upland, PA Zoning Ordinance

§ 185-2000 Purpose.

The purpose of this article is to identify certain regulations and standards for mobile homes located in the Article V, R-3 Residential District.

§ 185-2001 Permits and certificate of registration; sale of mobile home space.

Permits required. It shall be unlawful for any person to maintain, construct, alter or extend any mobile home park within the limits of the Borough unless he or she holds a valid certificate of registration issued by the Pennsylvania Department of Environmental Protection and a permit issued by the Borough Council in the name of such person for the specific maintenance, construction, alteration or extension proposed. The municipal permit shall be conspicuously posted in the office or on the premises of the mobile home park at all times.

Application to Pennsylvania Department of Environmental Protection. All applications for a certificate of registration shall be made by the owner of the mobile home park or his or her authorized representative in accordance with the Rules and Regulations, Commonwealth of Pennsylvania, Department of Environmental Protection, 25 Pa. Code Chapter 179, as hereafter amended, supplemented, modified or reenacted.

Application to Borough. A copy of the Pennsylvania Department of Environmental Protection application shall be concurrently filed with the Borough Council, and the applicant shall also submit an application to the Borough Council using a form furnished by the Borough Council for a permit to operate a mobile home park in the Borough.

Renewal permits. Renewal permits shall be issued annually by the Borough Council upon furnishing proof by the applicant that his or her park continues to meet standards prescribed by the Pennsylvania Department of Environmental Protection and this article.

Inspection of mobile home parks. A representative of the Borough Council may inspect a mobile home park at reasonable intervals, and at reasonable times, to determine compliance with this article.

Compliance of existing mobile home parks.

(1)

Mobile home parks in existence at the date of adoption of this article and being duly authorized to operate as the same by the Pennsylvania Department of Health may be continued so long as they otherwise remain lawful.

(2)

Existing mobile home parks shall be required to submit an existing plot plan, drawn to scale, when applying for a mobile home park permit as required herein, within 90 days of the date of enactment of this article.

(3)

Any subsequent new construction, alteration or extension of an existing mobile home park shall comply with the provisions of this article.

(4)

Any existing mobile home park which, in the opinion of the Borough Council, creates a safety hazard shall be required to comply with this article within a reasonable period of time as determined by the Borough Council.

Individual mobile homes. Individual mobile homes permitted in areas as set forth in this chapter and not located in a mobile home park shall not be required to obtain a mobile home park permit; however, they shall be required to obtain zoning and building permits as prescribed by the Borough Council. Individual mobile homes shall comply with all other applicable municipal ordinances and regulations governing single-family homes.

Registration.

(1)

It shall be unlawful for any person to operate any mobile home park within the limits of the Borough unless he or she holds a certificate of registration issued annually by the Pennsylvania Department of Environmental Protection in the name of such person for the specific mobile home park. Proof of such registration shall be furnished to the Borough Council no later than February 1 of each year.

(2)

Every person holding a certificate shall file notice, in writing, to the Pennsylvania Department of Environmental Protection and the Borough Council within 10 days after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. If the certificate of registration is transferred by the Pennsylvania Department of Environmental Protection, proof of such transfer shall be furnished to the Borough Council.

(3)

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 article, or of any regulations adopted pursuant thereto, the Borough Council shall give notice, in writing, in accordance with § 185-2015, to the person to whom the certificate was issued, advising him or her that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice, the license to operate in the Borough shall be suspended. At the end of such period, such mobile home park shall be inspected and, if such conditions or practices have not been corrected, the Borough Council shall suspend the license and give notice, in writing, of such suspension to the person to whom the certificate is issued.

§ 185-2002 Fees.

All fees shall be set by the Borough Council pursuant to resolution.

§ 185-2003 Application for permit.

Application for the mobile home park permit shall be filed in triplicate with the Borough Council. The application shall be in writing, signed by the owner, and shall include the following:

(1)

Name and address of the owner.

(2)

Location and legal description of the mobile home park.

(3)

Complete plan of the park in conformity with the requirements of § 185-2005.

(4)

Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park.

(5)

Such further information as may be requested by the various municipal agencies to enable them to determine if the proposed park will comply with legal requirements.

The applicant shall submit a copy of the application and plans to the Borough Planning Commission, County Planning Commission and the Borough Engineer for their review and recommendations.

Upon receipt of recommendations from the Borough and County Planning Commissions and the Borough Engineer, the Borough Council shall consider the application and mobile home park plan to determine compliance with the provisions thereof. Upon favorable determination of the same and upon being furnished a copy of the certificate of registration issued by the Pennsylvania Department of Environmental Protection to the owner and payment of the fee prescribed, the Borough Council shall issue a mobile home park permit to the owner, which shall be valid for a period of one year thereafter.

§ 185-2004 Site requirements.

Mobile home parks may be located in those districts where permitted by this chapter.

Site location. The location of all mobile home parks shall be:

(1)

Free from adverse influence by swamps, marshes, garbage or rubbish, disposal areas or other potential breeding places for insects or rodents.

(2)

Not subject to flooding.

(3)

Not subject to any hazard or nuisance, such as excessive noise, vibration, smoke, toxic matter, radiation, heat, odor or glare.

Soil and ground cover requirements.

(1)

Exposed surfaces in all parts of every park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and the emanation of dust during dry weather.

(2)

Park grounds shall be maintained free of vegetative growth which is poisonous or which may harbor rodents, insects or other pests harmful to man.

Areas for nonresidential uses.

(1)

No part of any park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

(2)

Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located within a mobile home park.

§ 185-2005 Design standards.

Mobile home park size, street frontage, required setbacks, buffer strips, density screening, etc.

(1)

All mobile home parks shall contain a minimum of six contiguous acres. The park may be divided by streams and other natural features but shall not be divided by any public streets, railroad tracks or similar man-made barriers.

(2)

Minimum frontage along a public street shall be 200 feet.

(3)

All mobile homes shall be located at least 50 feet from any public street or highway right-of-way and at least 20 feet from all other park property boundary lines.

(4)

Mobile homes shall be separated from each other and from service buildings and other structures by at least 30 feet and shall be located not less than six feet from the mobile home space boundary. Mobile home space shall have a minimum width of 50 feet and a minimum length of 100 feet.

An accessory structure which has a horizontal area exceeding 25 square feet, is attached to a mobile home and/or located within 10 feet of its window and has an opaque or translucent top or roof that is higher than such window shall, for purposes of this separation requirement, be considered to be part of the mobile home.

Acceptable standards for mobile homes. All mobile homes assembled or installed in a mobile home park must meet the following standards:

(1)

The mobile home must conform to the most recently adopted Manufactured Housing Construction and Safety Standards Code.

(2)

The exterior appearance of the mobile home shall be of similar design to conventional dwellings which are constructed on the site. The following criteria shall determine if the exterior appearance of the mobile home conforms with this requirement.

(a)

The minimum width of the main body of the mobile home as assembled on the site shall not be less than 20 feet, as measured across the narrowest part.

(b)

The pitch of the main roof shall be not less than one foot of rise for each four feet of horizontal run. The minimum distance from eaves to ridge shall be 10 feet.

(c)

Any materials that are generally acceptable for housing built on the site may be used for the exterior finish of a mobile home, provided that thy are applied in such a manner as to be similar in appearance, and provided further that the reflection from such exterior finish shall not be greater than that from siding coated with a clean, white, gloss exterior enamel.

(d)

All mobile homes shall be placed upon a permanent foundation. The foundation shall be of a material and appearance similar to that commonly used for residences constructed on site. Said foundation shall be of sufficient size and opaqueness that it shall serve to completely screen the undercarriage of the mobile home.

(e)

No mobile home shall have fenestration or other features nor use colors or color combinations that would be incompatible in a general residential neighborhood of site-built housing.

Special development regulations applicable to mobile home parks.

(1)

The varied orientation of mobile homes on mobile home lots is encouraged, provided that the required setback limitations are observed. Homes angled or parallel to the street are preferable, and no two contiguous lots shall contain mobile homes placed perpendicular to the street.

(2)

Every mobile home lot shall be improved with a concrete pad and with utility connections before any certificates of occupancy are issued for mobile homes in the mobile home park; provided, however, that mobile developments may be developed in sections of not less than 50 mobile home lots each, in which case this requirement shall be applicable only to the lots in any given section.

(3)

Every mobile home space shall be provided with devices for anchoring the unit to prevent overturning or uplift. The owner of the parking space shall anchor or cause to be anchored all mobile units located on the parking space. Where concrete platforms are provided for the parking of the units, anchorage may be by eyelets embedded in the concrete with adequate anchor plates or hooks or other suitable means. The anchorage shall be adequate to withstand wind forces and uplift for buildings and structures, based upon the size and weight of the units.

(4)

The utility connections shall include electricity, natural gas (when available), public water and sanitary sewage. Connections shall be underground and of a form acceptable to the Borough and the utility generally responsible for the provision of service in the area of the proposed site.

(5)

Every mobile home shall contain a minimum of 600 square feet of habitable floor area, as defined by this article.

(6)

Open space requirements. All mobile home parks shall provide, and so indicate on the plan of the mobile home park, suitable areas for recreation and open space use by using the standard of 20% of the total area of the mobile home park, of which 1/2 of the area shall be in one piece. The remainder may be used to provide pedestrian connecting links to the recreation areas.

(7)

All exterior areas not devoted to structures, patios, streets, sidewalks, parking spaces and similar types of coverage shall be landscaped with grass, shrubs, trees or similar vegetative ground cover. Each mobile home lot shall be provided with at least one shade tree of a species acceptable to the Borough Council, and said shade tree shall have a minimum caliper of three inches at the time of planting.

(8)

Each mobile home shall be provided with a minimum of two off-street parking spaces as provided for by § 185-1603. Additional off-street parking space shall be required for community rooms, common laundry facilities and similar service, maintenance or administrative offices of the mobile home development.

(9)

Required car parking spaces shall be so located as to provide convenient access to the mobile home and shall not exceed a distance of 100 feet from the mobile home that they are intended to serve. Said parking and related drives, when located within the confines of the mobile home space, shall not occupy more than 20% of the area of the mobile home space.

(10)

There shall be no outside storage of any kind permitted; provided, however, that trash and garbage may be stored outside in an area screened from view from the street or from adjoining lots.

(11)

Outdoor lighting facilities shall be arranged to protect adjoining residences or streets from direct glare or hazardous interference.

Required separation between mobile homes.

(1)

Mobile homes shall be separated from each other and from service buildings and other structures by at least 35 feet and shall be located not less than six feet from the mobile home space boundary. Mobile home spaces shall have a minimum width of 50 feet and a minimum length of 100 feet.

(2)

An accessory structure which has a horizontal area exceeding 25 square feet, is attached to a mobile home and/or located within 10 feet of its window, and has an opaque or translucent top or roof that is higher than such window shall, for purposes of this separation requirement, be considered to be part of the mobile home.

Street system.

(1)

All streets to be offered for public dedication will conform to the most recently adopted Delaware County Subdivision and Land Development Ordinance.

(2)

All streets not to be offered for public dedication shall conform to the following standards:

(a)

General requirements. Safe and convenient vehicular access shall be provided from abutting public streets or roads.

(b)

Access. Entrance roads connecting the park streets with a public street or road shall have a minimum cartway width of 20 feet with six-foot crushed-stone shoulders.

(c)

Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and in any case shall meet the following requirements:

[1]

Internal streets shall have a minimum cartway width of 20 feet with six-foot crushed-stone shoulders, except one-way streets, which shall have a minimum cartway width of 12 feet with six-foot crushed-stone shoulders.

[2]

Dead-end streets shall be provided at the closed end with a turnaround having an outside cartway diameter of at least 80 feet.

(d)

Street construction and design standards.

[1]

Streets. All streets intended to be dedicated for public use shall conform to the Delaware County Subdivision and Land Development Ordinance, 1978, as amended.

[2]

Streets. All streets not to be dedicated for public use shall be provided with a smooth, hard and dust-free surface which shall be durable and well drained under normal use and weather conditions.

[3]

Grades. Grades of all streets shall be sufficient to ensure adequate surface drainage but shall not be more than 8%. Short turns, not exceeding 500 feet, with a maximum grade of 10%, may be permitted, provided that traffic safety is assured by appropriate surfacing, adequate leveling areas and avoidance of lateral curves.

[4]

Intersections. Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.

§ 185-2006 Plan requirements.

The plan of a proposed mobile home park shall be clearly and legibly drawn to a scale of one inch equals 50 feet, except that larger scales may be used for mobile home parks in excess of 20 acres.

Mobile home park plans shall be prepared by a registered engineer, surveyor or landscape architect.

The plan shall show:

(1)

The name of the proposed mobile home park.

(2)

The North point, graphic scale, written scale and date, including the month, day and year that the original drawing was completed and the month, day and year that the original drawing was revised, for each revision, if any.

(3)

The name of the record owner and developer.

(4)

The name and address and seal of the registered engineer, surveyor or landscape architect responsible for the plan.

(5)

The names of all abutting property owners, with the County Recorder of Deeds book and page numbers where recorded.

(6)

A key map, for the purpose of locating the property being subdivided, showing the relationship to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plans existing within 1,000 feet of any part of the property.

(7)

The total tract boundaries of the property being subdivided, showing bearings and distances, and a statement of total acreage of the property.

(8)

Zoning data, including any changes in the existing zoning to be requested by the owner. If a zoning district change is being considered or is pending, which might affect the proposed park, the Borough shall notify the owner of such a request.

(9)

Contour lines at vertical intervals of two feet for land with average natural slopes of 4% or less and at vertical intervals of five feet for land with average natural slopes exceeding 4%.

(10)

The location and elevation of the datum to which contour elevations refer; where reasonably practicable, datum used shall be a known established benchmark.

(11)

All existing sewer lines, waterlines, fire hydrants, utility transmission lines, culverts, bridges, railroads, watercourses and other significant man-made or natural features within the proposed mobile home park and within 50 feet from the boundaries of the proposed mobile home park.

(12)

All existing buildings or other structures and the approximate location of all existing tree masses within the proposed mobile home park.

(13)

All existing streets, including streets of record (recorded but not constructed), on or abutting the tract, including names, right-of-way widths, cartway (pavement) widths and approximate grades.

(14)

The full plan of the proposed development, including:

(a)

Location and width of all streets and rights-of-way, with a statement of any conditions governing their use.

(b)

Suggested street names and utility easement locations.

(c)

Proposed building setback lines along each street.

(d)

Lot lines, with dimensions.

(e)

A statement of the intended use of all nonresidential lots and parcels.

(f)

Lot numbers and a statement of the total number of lots and parcels.

(g)

Sanitary and/or storm sewers (and other drainage facilities), with the size and material of each indicated, and any proposed connections with existing facilities.

(h)

Parks, playgrounds, streets and other areas dedicated or reserved for public use, with any conditions governing such use.

The plan shall be accompanied by the following supplementary data, as applicable:

(1)

Typical street cross-section drawing(s) for all proposed streets. Cross-section drawings may be shown on either the plan or the profile sheets.

(2)

Streets to be offered for public dedication shall have profiles prepared along the top of the cartway (pavement) edges or along the top of the curb for both sides of each proposed street shown on the plan. Such profiles shall show natural and finished grades at the following scale, or a ratio thereof: one inch equals 10 feet horizontal and one inch equals one foot vertical.

(3)

Designs of any bridges or culverts which may be required. Such designs shall meet all applicable requirements of the Pennsylvania Water and Power Resources Board and/or the Pennsylvania Department of Transportation.

§ 185-2007 Water supply.

General requirements. An adequate supply of water shall be provided for mobile homes, service buildings and other accessory facilities as required by this article. Where a public water supply system of satisfactory quantity, quality and pressure is available, connection shall be made thereto, and its supply shall be used exclusively. Where a satisfactory public water supply system is not available, the development of a private water supply system shall be approved by the Pennsylvania Department of Environmental Protection or other authorities having jurisdiction.

Fire hydrants. Where a public supply of water is provided, fire hydrants shall be installed as agreed upon by the Borough Council and the agency responsible for supplying water.

Individual water riser pipes and connections.

(1)

Individual water riser pipes shall be located within the confined area of the mobile home space at a point where the water connection will approximate a vertical position, thereby ensuring the shortest water connection possible and decreasing susceptibility to water pipe freezing.

(2)

The water riser pipe shall have a minimum inside diameter of 3/4 inch and terminate at least four inches above the ground surface. The water outlet shall be provided with a cap when a mobile home does not occupy the lot.

(3)

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipe and to protect risers from heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.

(4)

A shutoff water valve below the frost line shall be provided near the water riser pipe in each mobile home lot. Underground stop-and-waste valves are prohibited, unless their types of manufacture and their method of installation are approved by the Borough Council.

§ 185-2008 Sewage disposal.

General requirements. An adequate and safe sewerage system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities. Such system shall be designed, constructed and maintained in accordance with the Pennsylvania Department of Environmental Protection and Borough ordinances.

Individual sewer connections.

(1)

Each mobile home space shall be provided with at least a four-inch-diameter sewer riser pipe. This sewer riser pipe shall be impeded in poured concrete, minimum twelve-inch diameter and minimum eighteen-inch depth. The rim of the riser pipe shall extend at least 1/2 inch above the ground elevation. The sewer riser pipe shall be so located on each space that the sewer connection to the mobile home drain outlet will approximate a vertical position.

(2)

The sewer connection, defined in Article II, 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 per foot. All joints shall be watertight.

(3)

All materials used for a sewer connection shall be in accordance with Chapter 140, Plumbing and Mechanical Standards.

(4)

Provisions 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.

§ 185-2009 Electrical distribution system.

General requirements. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the Borough ordinances regulating such systems.

Power distribution lines. Main power lines not located underground shall be suspended at least 18 feet above the ground and shall have a minimum vertical clearance of eight feet above any mobile home, service building or other structure.

§ 185-2010 Service buildings and other community service facilities.

The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities when constructed, such as: management offices, repair shops and storage areas, laundry facilities and indoor recreation areas.

All structural requirements shall be in accordance with the Borough ordinances regulating the same.

§ 185-2011 Refuse disposal.

The storage, collection and disposal of refuse in the mobile home park shall be so managed as to not create health hazards, rodent harborages, insect-breeding areas and accident or fire hazards or air pollution and shall be in accordance with Borough ordinances.

§ 185-2012 Fire protection.

Fire protection provisions shall be in accordance with the Borough ordinances.

§ 185-2013 Fuel.

All piping from outside fuel storage tanks or cylinders to mobile homes shall be copper or other acceptable metallic tubing and shall be permanently installed and securely fastened in place. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home or less than five feet from any mobile home exit.

§ 185-2014 Supervision; responsibilities of park management.

The person to whom a permit for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

The park management shall supervise the placement of each mobile home on its mobile home space, which includes securing its stability and installing all utility connections.

The park management shall give the Borough Council or its representatives free access to all mobile home lots, service buildings and other community service facilities for the purpose of inspection.

The management shall maintain a register containing the names and addresses of all park occupants. Such register shall be available to any authorized person inspecting the park.

The management shall notify the local Pennsylvania Department of Health immediately of any suspected communicable or contagious disease within the park.

§ 185-2015 Revocation of permit.

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 article, or of any regulations adopted pursuant thereto, the Borough Council or its representatives shall give notice, in writing, to the person to whom the permit was issued, advising him or her that, unless such conditions or practices are corrected within the period of time specified in the notice, the permit to operate shall be suspended. At the end of such period, such mobile home park shall be reinspected; and if such conditions or practices have not been corrected, the Building Inspector shall suspend the permit and give notice, in writing, of such suspension to the person to whom the permit is issued. An aggrieved party may file an appeal to the Borough Council in accordance with the Local Agency Law.[1]

[1]

Editor's Note: See 2 Pa.C.S.A. § 501 et seq.

Upland City Zoning Code

ARTICLE XX