This article is enacted to promote the public health, safety
and general welfare; to prevent the overcrowding of land and hazard
and congestion in travel and transportation in mobile home parks;
to secure safety from fire, panic and other dangers and to assure
adequate light and air, vehicle parking, roadways, water, sewerage,
open space for passive and active recreational purposes, and recreational
and service facilities in mobile home parks.
This article is intended to supplement Chapter 350, Zoning, of the Township of Upper Burrell by establishing standards, conditions, regulations, and procedures governing the design, construction, alteration, extension and maintenance of mobile home parks where permitted under Chapter 350, Zoning, of the Township of Upper Burrell. This article is not intended to repeal, abrogate or annul Chapter 350, Zoning, of the Township of Upper Burrell. It is hereby declared to be the intention of the Board of Supervisors of the Township of Upper Burrell that in those instances where this article may be directly conflicting with Chapter 350, Zoning, of the Township of Upper Burrell, the provisions of this article shall control. The provisions of this article are hereby declared to be and shall be construed as the minimum requirements governing mobile home parks.
The following words, when used in this article, unless the context
clearly indicates otherwise, shall have the meanings ascribed to them
in this section:
A parcel or parcels of land or an area of water, or a combination
of land and water within a mobile home park, designed and intended
for the common use or enjoyment of residents of the mobile home park,
but not including streets, off-street parking areas, and areas set
aside for service facilities.
The provisions for development of a mobile home park, including
a plat thereof all covenants relating to use, location and bulk of
the mobile home park, its streets and parking and recreational facilities,
service facilities and common open space. The phrase "provisions of
development plan" when used in this article shall mean the written
and graphic materials referred to in this definition.
A transportable single-family dwelling intended for permanent
occupancy contained in one unit or in two or more units designed to
be joined into one integral unit capable of again being separated
for repeated towing which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land so designated and
improved that it contains two or more mobile home lots for the placement
thereon of mobile homes.
That part of the mobile home lot which has been reserved
for placement of the mobile home.
The off-street area required for parking one automobile which
shall measure not less than nine feet in width and not less than 20
feet in length.
A surfaced outdoor living space upon a mobile home lot designed
to supplement the mobile home living area.
A vegetative material of sufficient height and density to
conceal the structures and/or uses of a mobile home park from the
view of occupants of adjoining land.
A structure housing operational, office, recreational, park
maintenance and other facilities.
Any device of visual communication designed for commercial
advertising or used for commercial advantage or profit.
Any roadway intended for the common use and enjoyment of
residents of the mobile home park, and/or the traveling public, whether
or not dedicated to public use and whether or not accepted as part
of the Township highway system, but not including off-street parking
areas or driveways upon mobile home lots.
Anything constructed or erected in or upon a fixed location
of ground or attached to something having a fixed location in or upon
the ground including, without limitations: mobile homes, buildings,
signs, electrical transmission towers and poles, antennas, water towers
and swimming pools.
The required areas of open space on a mobile home lot lying
between the lot lines and the mobile home stands; such areas may not
be encumbered by any structure including, without limitation: enclosed
patios, expandable rooms, garage or other additions.
Applications for development permits shall be filed by or on behalf of the landowner with the Secretary of the Township of Upper Burrell. The fee required by § 292-80A of this chapter shall accompany the application. Such application, to be filed in triplicate, shall be sworn to by the applicant and shall provide the following information:
A.
Evidence of the landowner's proprietary interest in the land
proposed to be developed as a mobile home park;
B.
Plats, to be incorporated in the application by reference, showing
the location, size, topography of the park site, site planning and
improvements, size and location of mobile home lots, distances between
mobile home stands and structures, location and width of proposed
streets, provisions for off-street parking, drainage facilities, service
and recreational buildings, density of land use to be devoted to residential
uses and the location and area of open space to be maintained for
the active and passive recreation use of the occupants of the mobile
home park;
C.
Details of the construction of a sewage collection and disposal system
including, where applicable, the capacity and type of proposed sewage
treatment plant;
D.
Details for the construction of a water supply system for fire-protection
purposes and for the transmission and distribution of an adequate
supply of safe water of satisfactory quality under adequate pressure
to all mobile home lots and service and recreational buildings; if
government-owned water supply is not available, the expected capacity
and size of well, pump rating, water storage facilities and housing
for pump and storage tank;
E.
Statement of an architect or engineer licensed to practice in the
Commonwealth of Pennsylvania that the development plan fully complies
with Chapter 4, Article 415, of the Rules and Regulations of the Department
of Environmental Protection of the Commonwealth of Pennsylvania governing
mobile home parks and such revisions or amendments thereof as may
then be prevailing, or that any deficiency therefrom which may later
come to the attention of said architect or engineer in making application
for Commonwealth of Pennsylvania approval will forthwith be related
to the Upper Burrell Township Planning Commission;
F.
Statement of an architect or engineer licensed to practice in the
Commonwealth of Pennsylvania that the development plan fully complies
with the Mobile Home Park Development Standards (HPMC-FHAG 4200.74)
of the Department of Housing and Urban Development of the United States,
and such revision or amendment thereof as may then be prevailing or
that any deficiency therefrom which may later come to the attention
of said architect or engineer in making application for FHA mortgage
insurance will forthwith be related to the Upper Burrell Township
Planning Commission;
G.
The estimated capital value of the proposed mobile home park and
the rental income it is expected to produce;
H.
Such other information as the Upper Burrell Township Planning Commission
or Board of Supervisors may reasonably require to determine compliance
with the provisions of this article.
Following review of said application for development permit,
the Planning Commission shall either reject or conditionally approve
the same. Should conditional approval be granted, the applicant shall
be required to obtain similar conditional approval from the Department
of Environmental Protection (PADEP) of the Commonwealth of Pennsylvania
and, in the event that FHA mortgage insurance is proposed to be sought,
similar conditional approval from the Department of Housing and Urban
Development of the United States prior to the submission of said application
to the Board of Supervisors for final approval.
Following review of said application, the Board of Supervisors
shall either deny or grant the development permit. In granting the
development permit, the Board of Supervisors may attach such reasonable
conditions and safeguards as may appear necessary to implement the
purposes of this article. Such conditions and safeguards may include,
without limitation, the continuing right to impose additional reasonable
restrictions and limitations, as the circumstances may require, governing
the maintenance of the mobile home park.
Any decision of the Township Planning Commission rejecting an application for a development permit, or any decision of the Board of Supervisors denying a development permit or imposing additional restrictions and limitations upon a mobile home park shall be subject to review and appeal as provided in Article X of the Pennsylvania Municipalities Planning Code (53 P.S. § 11001 et seq.), as amended.
It shall be unlawful for any person, partnership or corporation
to operate any mobile home park within the corporate limits of the
Township of Upper Burrell if a current certificate of approval or
license from the Department of Environmental Protection of the Commonwealth
of Pennsylvania has not been issued therefor or during any period
that such certificate or license may be suspended or revoked by said
Department.
The standards, conditions and regulations hereinafter set forth
shall govern mobile home parks. Such standards, conditions and regulations
are hereby declared to be and shall be construed as the minimum requirements
governing mobile home parks. It is the declared intention of the Board
of Supervisors of the Township of Upper Burrell that this article
is to be read in conjunction with Chapter 4, Article 415, of the Rules
and Regulations of the Department of Environmental Protection of the
Commonwealth of Pennsylvania and the Mobile Home Park Development
Standards (HPMC-FHAG 4200.7A) of the Department of Housing and Urban
Development of the United States, and such revisions or amendments
thereto as may then be prevailing, and wherever such agencies, standards,
conditions or regulations may be more stringent than those hereinafter
set forth, the most stringent standards, conditions or regulations
shall control.
Any nonresidential use of the mobile home park shall be subordinate
to the residential use and residential character of the development.
Any commercial use of the mobile home park shall be primarily for
the use of or service to the occupants of the development.
Mobile home stands shall be constructed of concrete or bituminous
pavement adequate for the support of the maximum anticipated gross
load of the mobile home.
The following requirements shall apply only to mobile home lots in a mobile home park and shall not apply to a single mobile home proposed as a single-family dwelling to be placed on a single lot of record when authorized by Chapter 350, Zoning.
A.
Mobile home lots in mobile home parks shall contain a minimum area
of 7,200 square feet. The minimum lot width for each mobile home lot
shall be 60 feet. Not more than six mobile home lots per gross acre
shall be permitted. The limits of each mobile home lot shall be clearly
marked on the ground by permanent flush stakes or markers.
B.
The minimum depth of the front yard of each mobile home lot shall
be 10 feet; the minimum depth of the rear yard of each mobile home
lot shall be 10 feet. The minimum depth of each side yard of each
mobile home lot shall be 10 feet.
C.
Each mobile home lot shall be provided with a patio for private outdoor
living and service space. Said patio shall be partially paved for
garden furniture. The patio shall contain a minimum area of 150 square
feet with a least dimension of 10 feet; the paved area of the patio
shall not be less than 50 square feet with a least dimension of five
feet.
All mobile homes shall be located at least 20 feet from any
park boundary line, adjoining pavement of any park street, adjoining
service and recreational buildings, or adjoining common open space.
Not less than 10% of the gross area of the mobile home park
shall be devoted to common open space. Such open space may be improved
in part or in whole for passive and active neighborhood-oriented or
common recreational uses and, for such purposes, enclosed buildings
and structures may include, without limitation: aviaries, conservatories,
pavilions, orchestra and theatrical bowls, tennis courts, swimming
pools, bath houses, public rest room facilities, ice skating rinks
and picnic shelters.
In order to achieve flexibility of development, the precise
location and proposed uses of common open space shall be subject to
the approval of the Planning Commission, having due regard for the
economics to be secured by the efficient use of land, the need and
desirability of common open space for the passive and active recreational
needs of the residents of the mobile home park and the resulting impact,
beneficial or adverse, the location of such recreational uses may
have upon existing neighborhood residential developments.
All entrance streets and other collector streets within the
mobile home park shall have a minimum pavement width of 26 feet; all
other streets within the mobile home park shall have a minimum pavement
width of 20 feet. Dead-end streets shall be provided with a paved
vehicle turning circle at least 80 feet in diameter. No parking shall
be permitted on any park street which is less than 24 feet in width.
All streets in the mobile home park shall be illuminated; all
streetlighting fixtures shall be energized by underground electrical
service.
Off-street parking for at least two motor vehicles shall be
required for each mobile home lot.
The standards for the location, construction and surfacing of streets, construction of storm drainage facilities, requirements for easements and rights-of-way for drainage and public utilities within the mobile home park shall be the same as those contained in Articles VI and VII of this chapter. Underground installation shall be required of all electrical and telephone service lines.
Wherever feasible, connection shall be made to a government-owned
water system. Wherever connection to a government-owned water system
is not feasible, the water supply and distribution system shall be
constructed in accordance with the then-prevailing requirements of
the Department of Environmental Protection of the Commonwealth of
Pennsylvania and the Mobile Home Park Development Standards of the
Department of Housing and Urban Development of the United States or
their successor agencies. The water supply system shall meet the standards
for adequate fire protection established by the National Fire Protection
Association Standards NFPA No. 501A and the Fire Prevention Ordinance
of the Township of Upper Burrell.
Wherever feasible, connection shall be made to a government-owned
sewerage system. Whenever connection to a government-owned sewerage
system is not feasible, a package sewage treatment plant shall be
provided. The sewage disposal and treatment system shall be constructed
in accordance with the then prevailing requirements of the Department
of Environmental Protection of the Commonwealth of Pennsylvania and
the Mobile Home Park Development Standards of the Department of Housing
and Urban Development of the United States or their successor agencies.
A.
Applications to use or occupy mobile homes erected or placed upon
a mobile home lot. Every application shall contain the names of all
the adult occupants who intend to reside in the mobile home, their
last prior residence address, the term of the leasehold, the date
of arrival of the mobile home, and the manufacturer and serial number
of the mobile home. The application shall be submitted in duplicate
and shall be sworn to by the applicant.
B.
Applications to use or occupy other structures. Every application
shall contain the name of the owner of the premises upon which the
structure is erected, the location and tax parcel number of the premises,
the intended use of the structure, the estimated capital value of
the structure and its actual cost of construction. The application
shall be accompanied by a plat or survey showing the exact size and
location of the structures sought to be used or occupied and such
other information as the Zoning Officer may reasonably require to
determine compliance with the terms of this chapter. The application
and all required or requested accompanying matter shall be submitted
in duplicate and shall be sworn to by the applicant. One complete
set shall be returned to the applicant upon approval or rejection
of the occupancy permit; one copy shall be retained in the permanent
files required to be maintained by the Zoning Officer.
C.
Use of vacant land. No vacant land may be used or occupied for a mobile home park until a zoning permit therefor has been issued by the Zoning Officer. A zoning permit shall not be issued for any vacant land, unless the land is included in a mobile home park development permit approved in accordance with the requirements of §§ 292-57 and 292-58 of this chapter.
