Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XX
MH Mobile Home Development District
§ 300-361 Legislative intent.
A.
In addition to the statement of community development objectives set forth in § 300-2 of this chapter, it is hereby declared to be the specific intent of this article with respect to the MH Mobile Home Development District to establish standards of performance and 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.
B.
It shall further be the intent of this district to:
(1)
Reflect the changes in the technology of home building and land development so that resulting economies may inure to the benefit of those who need homes.
(2)
Further the general welfare by extending greater opportunities for better and more affordable housing to all present and prospective residents of Upper Providence Township.
(3)
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.
(4)
Provide for a diversity in housing types and prices.
(5)
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.
§ 300-362 Use regulations.
Mobile home developments are allowed only as a conditional use in the R-3 Residential District, provided that the tract to be used as a mobile home development meets the criteria specified in § 300-363B of this article. The uses which are permissible in a mobile home development are as follows:
A.
Residential uses. A mobile home development 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 40% of the total number of dwelling units in a mobile home development may be conventionally built or modular single-family detached dwellings. No mobile or modular home may be occupied before furnishing the Township a copy of the Structural Engineering Bulletin(s) indicating approval by the United States Department of Housing and Urban Development of the dwelling or the components of the dwelling.
B.
Areas for nonresidential uses.
(1)
No part of any mobile home development shall be used for nonresidential purposes, except such uses that are required for the direct servicing, recreation and well-being of the residents and for the management and maintenance of the development and are not otherwise prohibited by any provisions of this article; provided, however, that a convenience commercial center may be allowed by the governing body if no similar use exists or is actively proposed within one mile of the mobile home development by accessway available for use by the general public, and the applicant demonstrates to the governing body's satisfaction through a market study that such use is justifiable and will be supported primarily by the residents of the mobile home development; such market study shall be conducted using the standards outlined in § 300-508. No such commercial center shall be opened until at least 50% of the dwelling units in the mobile home development are occupied. Signs, parking requirements and similar factors shall be controlled by the same regulations that apply to commercial uses located in other zones in the Township. In addition, the maximum number of residential dwelling units permitted on the tract shall be reduced by one for each 8,000 square feet of land or a part thereof devoted to the convenience commercial center.
(2)
Nothing in this article shall be deemed as prohibiting the rental, sale or resale of a mobile home located on a mobile home stand and connected to the pertinent utilities. Similarly, a model or display area is permissible on a temporary basis provided those models are developed in accordance with all applicable regulations of this article and other applicable ordinances and the use of the models for sales or rental promotion ceases when the project is fully developed.
§ 300-363 Conditional uses.
A.
Procedure.
(3)
Development plan. If conditional use approval is granted for the use of a tract of land for a mobile home development, within three years after the date of conditional use approval, the development plan shall be submitted and then processed and acted upon by the normal procedures established in Chapter 270, Subdivision and Land Development, for all other subdivision and/or land development plans. If development plans are not submitted within the specified time period, the conditional approval is voided.
B.
Criteria. A mobile home development may be allowed by the governing body as a conditional use in the R-3 Residential District only pursuant to the procedure specified in § 300-363A and subject to the following standards. The burden of proving compliance with these standards shall be on the applicant.
(1)
The tract of land to be developed shall be in one ownership or shall be the subject of an application filed by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction and in the manner approved.
(2)
Any parcel to be used as a mobile home development must have a minimum tract area of 15 contiguous acres of land.
(3)
At least 50% of the site must be composed of developable land as defined in this chapter.
(4)
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.
(5)
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, odor or glare, as defined by the governing body and all appropriate ordinances.
(6)
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.
(7)
Mobile home developments shall not be located directly abutting conventionally built single-family detached housing or 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 of 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.
(8)
Any site proposed for a mobile home park shall, in the opinion of the governing body, be easily accessible to essential community facilities and services, such as employment centers, shopping centers, schools and police and fire protection.
[Amended 10-17-1994 by Ord. No. 329]
(9)
Every area to be used as mobile home park must be served exclusively by the municipal sanitary waste disposal system and a centralized water supply system, if those facilities are available within 2,500 feet of any point on the boundary of the mobile home park tract, and if each system is found to contain the available capacity to serve the proposed development, or, alternately, 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, either or both of which, as applicable, must have the approval of the Pennsylvania Department of Environmental Protection. Furthermore, those on-site facilities must, when constructed, meet the following criteria:
[Amended 10-17-1994 by Ord. No. 329; 6-2-2008 by Ord. No. 490; 6-2-2008 by Ord. No. 490]
(a)
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.
(b)
The administrative structure for the satellite system shall be organized in a manner that will facilitate easy interconnection of the two systems.
(c)
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.
(d)
At such time as the centralized or public system is constructed to be within 2,500 feet of any point on the boundary of the mobile home park tract, 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.
(e)
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.
(10)
Any tract intended for a mobile home development must have direct access to a feeder road (or a road of a higher classification), as defined by Article III of Chapter 264, Streets and Sidewalks, which the Township governing body deems capable of accommodating the transport of mobile home units, upon recommendation of the Township Engineer. Plans evidencing the provision for safe and effective 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 flow, shall be submitted to the Township governing body 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.
(11)
The applicant shall demonstrate to the satisfaction of the municipal governing body that he has complied with or will comply with all requirements of the Rules and Regulations of the Pennsylvania Department of Environmental Protection and with all other pertinent regulations of the Commonwealth of Pennsylvania which are applicable to mobile home parks.
[Amended 6-2-2008 by Ord. No. 490; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 300-364 Density.
The total number of lots in a mobile home development shall not exceed a maximum density of five per developable acre. All area not contained in developable acreage as defined in this chapter shall be excluded from density calculations. If for any reasons this maximum density is not attainable on a particular tract due to the need to conform to the requirements of §§ 300-366K and 300-367, the maximum permissible density shall be reduced accordingly.
§ 300-365 Site design for conventionally built and modular homes.
A.
The lot size required under the R-3 Residential District may be reduced a maximum of 20% for lots which will be used for modular homes or conventionally built single-family detached homes located within the mobile home development. In addition, lot widths and setbacks may be reduced for these lots in conformance with the Cluster District's requirements (Article XV) for the R-3 District; specifically, the permitted standards are as follows:
§ 300-366 Site design for mobile homes.
A.
Setback from tract boundary. No mobile home or other primary building may be located closer than 40 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 may be reduced to 25 feet.
B.
Setback from streets. 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 25 feet to the ultimate right-of-way line of any public street or to the edge of the cartway or the equivalent right-of-way line, if applicable, of a private interior roadway or to the edge of any common pedestrian walkway, within a mobile home development; provided, however, that the short side of a mobile home may be located no closer to these facilities 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.
C.
Setback from common parking facilities. No mobile home or accessory use shall be located within 25 feet of any common parking area.
D.
Lot size. Individual mobile home lots in a mobile home development, regardless of tenure, shall have a minimum lot size of no less than 5,000 square feet when on-lot parking is provided, excluding the area of any access leg to a rear lot, except that this may be reduced to no less than 4,500 square feet when common parking is provided.
E.
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 F and H 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, as applicable.
F.
Side and rear setbacks. No mobile home or accessory building may be located closer than four feet to any side or rear lot line of an individual mobile home lot; provided, however, that all minimum requirements of Subsection H must be met, and provided further that accessory buildings may be located on the lot line if physically joined to each other with a common wall located on the property line.
G.
Unit location on individual lots. Mobile homes placed on individual lots are encouraged to utilize the minimal setbacks specified in Subsection F and to be placed off-center on the lots so as to provide a large usable open yard space and outdoor living area in one section of the lot.
H.
Distance between structures. Mobile homes and roofed structures or 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 longest 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.
I.
Lot coverage. The maximum coverage of any individual mobile home lot by all primary and accessory buildings and structures, including covered patios or decks, shall be no greater than 25%.
J.
Height. No structure built in a Mobile Home Development District shall exceed a height of three stories or a maximum of 35 feet.
K.
Preservation of natural features. No mobile home or other structure shall be located within an area defined as floodplain by the Township floodplain ordinances, nor shall any mobile home be placed on steep slope land having a natural grade of 15% or greater (as defined by Article VI of this chapter, the Steep Slope Conservation District), nor shall said steep slope land be graded to a lesser-percentage slope for the purpose of accommodating a mobile home.
L.
Design alternative. In order to allow clustering of lots designed to encourage flexibility in site design and the preservation of natural features and to maximize creation of accessibility of recreation areas, the distance between structures, minimum lot width and minimum lot size may be reduced up to a maximum of 10% upon approval of the governing body, provided that at least 50% of all lots so reduced shall directly abut a part of the common open space for a distance of at least 20 feet. An area equal to that by which each lot is reduced shall be added to the minimum common open space specified in § 300-367. All other regulations remain as stated herein.
§ 300-367 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 § 270-123I of Chapter 270, Subdivision and Land Development.