[Amended 9-9-1997 by Ord. No. 59]
The following requirements shall govern the granting of permits
and certificates for the development of a mobile home park:
A.
Permit requirements.
(1)
No permit to construct a mobile home park shall be issued until such
time as a preliminary application shall be first submitted to the
Planning Commission and approved by the Board of Township Supervisors.
Such preliminary application shall meet all of the conditions specified
in this chapter.
(2)
All applicants for a permit to lay out and construct a mobile home
park in the Township shall, in addition to the requirements of this
chapter, apply for and obtain any and all permits that may be required
by the Pennsylvania Department of Environmental Protection in connection
with the establishment of a mobile home park. It shall be unlawful
for any person to construct alter or extend any mobile home park within
the limits of the Township unless he holds a valid permit issued by
the Pennsylvania Department of Environmental Protection in the name
of such person for the specific construction, alteration or extension
proposed and also a permit issued by this Township.
(3)
A duplicate copy of the application submitted to the Pennsylvania
Department of Environmental Protection or other state regulatory agency
shall be concurrently filed with the Township Board of Supervisors
or its designated official. The applicant shall also submit an application
to the Township or its designee upon a form to be furnished by the
Township for a permit to lay out and construct a mobile home park
in the Township.
(4)
Upon receipt of such application, the Township's authorized
representative shall forthwith inspect the applicant's proposed
site to determine its suitability for use as a mobile home park and
to determine that the provisions of this chapter are being complied
with. Upon a favorable determination and upon being furnished with
a copy of the permit issued by the Pennsylvania Department of Environmental
Protection, said Township official shall issue a mobile home park
permit to the applicant for the construction, laying out and establishment
of a mobile home park. The permit shall be valid for a period of one
year thereafter.
(5)
Renewal of construction permits for an additional period of one year
shall be issued by the Township upon evidence by the applicant that
his mobile home park continues to meet the standards prescribed by
the Pennsylvania Department of Environmental Protection and this chapter.
Any renewal permit requested shall be accompanied by a permit fee
as established by the Board of Supervisors.
(6)
After the effective date of this chapter, any proposed extension
or enlargement of any mobile home park in the Township shall be subject
to all the provisions of this chapter relating to development, construction,
use requirements, the filing of applications permits for construction,
etc., and the payment of a filing fee as hereafter provided.
(7)
All original applications for a construction permit shall be accompanied
by a permit fee as established by resolution of the Board of Supervisors.
(8)
Mobile home parks in existence upon the effective date of this chapter
shall be required to meet the standards of the Pennsylvania Department
of Environmental Protection and Township ordinances under which they
were originally developed as a prerequisite to the issuance of a permit.
All other minimum standards prescribed herein shall be applicable
only to those parks constructed or expanded after the effective date.
B.
Registration.
(1)
It shall be unlawful for any person to maintain or operate any mobile
home park within the limits of the Township unless he 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 the
Township no later than February 1 each year. In addition to the certificate
issued by the Pennsylvania Department of Environmental Protection,
the operator of any mobile home park shall also apply for and obtain
a license to be issued by the Township as hereinafter provided.
(2)
Every person holding such certificate shall file notice in writing
to the Pennsylvania Department of Environmental Protection and the
Township 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 Township prior to transfer of any permit or license
issued hereunder to such new owner or assignee.
C.
Licenses.
(1)
Applications for original mobile home park licenses shall be in writing,
signed by the applicant, accompanied by an affidavit of the applicant
as to the truth of the application and shall contain the name and
the address of the applicant, the location and legal description of
the mobile home park and a final site plan or survey of the mobile
home park showing all mobile home lots, structures, roads, walkways
and other service facilities.
(2)
Applications for annual renewal of mobile home park licenses shall
be made in writing, signed by the applicant, accompanied by an affidavit
of the applicant as to the truth of the application and shall contain
any change in information submitted in the original application.
(3)
Fees for original licenses and annual renewals of licenses shall
be set by resolution of the Board of Supervisors. Any existing mobile
home park in operation at the time this chapter becomes effective
shall be subject to the annual license fee hereinabove provided.
[Amended 9-9-1997 by Ord. No. 59]
A.
Representatives of the Pennsylvania Department of Environmental Protection
and the Township may inspect a mobile home park at reasonable intervals
and at reasonable times to determine compliance with this chapter.
B.
The Pennsylvania Department of Environmental Protection and the Township
shall have the power to inspect the register containing a record of
all residents of the mobile home park at reasonable times.
No mobile home, whether installed on a single lot or in a mobile
home park, shall be removed from the Township without first obtaining
a permit from the Tax Collectors charged with the collection of all
real estate, wage, property transfer and per capita taxes. Such a
permit for removal will be issued upon payment of all fees and taxes
and upon payment of a removal fee set by resolution of the Board of
Supervisors.
[Amended 9-9-1997 by Ord. No. 59]
A.
General requirements. No person, persons, partnership, association,
corporation or other legally recognized entity shall place or permit
to be placed by others, or occupied or permit to be occupied by others,
any mobile home in the Township for sleeping or living purposes except
in a mobile home park duly licensed by the Board of Township Supervisors.
However, a single on-site mobile home placement shall be permitted,
provided said mobile home and site conform to and comply with all
building land use control and other ordinances of the Township applicable
to conventional stationary dwellings and residences.
B.
Single on-site mobile home requirements.
(1)
A single on-lot mobile home shall meet all Township requirements
for the control of land uses as if it were a conventionally constructed
immobile single-family dwelling.
(2)
A single on-lot mobile home shall be supplied with an approved potable
water supply and all approved sanitary sewer and disposal system or
be connected to public water and sewer facilities.
(3)
A single on-lot mobile home shall be installed to conform with all
front, side and rear yard and lot area requirements applicable to
immobile housing units.
(4)
A single on-lot mobile home shall be used only as a single-family
dwelling.
C.
Unit requirements.
(1)
A single on-lot mobile home shall have a minimum of 660 square feet
of living area.
(3)
All accessory uses in conjunction with single on-lot mobile homes shall be in accordance with § 158-9D of this chapter.
(4)
Any single on-lot mobile home shall meet or exceed the specifications
for manufacture of mobile homes as set forth in Manufactured Housing
Construction and Safety Standards Authorization Act, 35 P.S. § 1656.1
et seq.
D.
Applicability of provisions. Section 158-20 of this chapter shall apply with equal force to the owner or owners of real property within the Township who have granted permission, rented, leased, condoned or otherwise placed, or allowed others to place, a mobile home on his her or their property in violation of any of these provisions.
A.
Notices.
(1)
Whenever the Township determines that there are reasonable grounds
to believe that there has been a violation of any provision of this
chapter or of any regulation adopted pursuant thereto, such authority
shall give notice of such alleged violation to the person to whom
the permit or certificate was issued as hereinafter provided. Such
notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons for its issuance.
(c)
Allow a reasonable time for the performance of any act it requires,
to be not more than 30 days, weather permitting, or such additional
time as granted by the Township.
(d)
Be served upon the owner or his agent, as the case may require;
provided, however, that such notice or order shall be deemed to have
been properly served upon such owner or agent when a copy thereof
has been served with such notice by any method authorized or required
by the laws of this state.
(e)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter or any part
thereof and with the regulations adopted pursuant thereto.
B.
Hearings. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Township Supervisors; provided, that such person shall file in the office of the Township Secretary a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 30 days after the notice is served. The filing of the request for a hearing shall operate as a stay of the notice and suspension except in the case of an order issued under Subsection D(2). Upon receipt of written application, the Township Supervisors shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided, that upon application of the petitioner, the Township Supervisors may postpone the date of the hearing for a reasonable time when in their judgement the petitioner has submitted good and sufficient reasons for such postponement.
C.
Orders. After such hearing, the Township Supervisors shall make findings as to compliance with the provisions of this chapter and regulations issued thereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection A(1)(d). Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
D.
Actions.
(1)
The proceedings at such a hearing, including the findings and decision
of the Township Supervisors, and together with a copy of every notice
and order related thereto, shall be entered as a matter of public
record in the office of the Township Secretary, but the transcript
of the proceedings need not be transcribed unless judicial review
of the decision is sought as provided by this section. Any person
aggrieved by the decision of the Township Supervisors may seek relief
therefrom in any court of competent jurisdiction as provided by the
laws of this state.
(2)
Whenever the Township Supervisors find that an emergency exists which requires immediate action to protect the public health, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Township Supervisors, shall be afforded a hearing as soon as possible. The provisions of Subsections C and D shall be applicable to such hearing and the order issued thereafter.
(3)
In the event that any owner of a mobile home park fails to comply
with lawful notice as herein provided and fails to correct any violative
condition after notice, the right to operate a mobile home park within
the Township may be suspended or revoked and the Township may require
the posting of bond by the management or developer or owner of such
mobile home park in an amount determined by the Township Supervisors
to ensure compliance with this chapter and may require sufficient
surety to secure any bond.
(4)
Notwithstanding anything herein to the contrary, the enforcement
officer may institute proceedings or a complaint before a Magisterial
District Judge.
[Amended 9-9-1997 by Ord. No. 59]
A.
Existing mobile home parks.
(1)
Township authorized mobile home parks in existence upon the effective
date of this chapter shall be required to meet the standards of the
Pennsylvania Department of Environmental Protection and the Township
regulations which governed at the date of their plan approval.
(2)
After the effective date of this chapter, all proposed extensions
or enlargements of an existing mobile home park within the Township
shall be subject to all of the provisions of this chapter.
B.
Remedies and penalties.
(1)
In the event that any mobile home park or extension thereof has not
been begun or installed as provided by this chapter or in accord with
the approved plat or plan, the Board of Township Supervisors shall
enforce any corporate bond or other security and may institute any
legal or equitable action as may be appropriate and authorized by
law.
(2)
Upon the second violation by the same permittee, his right to the
issuance of a permit or continued operation under a permit may be
suspended for a fixed term or permanently revoked after notice and
hearing by the Board of Township Supervisors, subject to the right
of appeal to the Court of Common Pleas in accordance with the law
in such cases made and provided.
(3)
Penalties. Any person, partnership or corporation who or which has
violated the provisions of this chapter shall, upon being found liable
therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500, plus all court costs, including
reasonable attorney fees incurred by the municipality as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the Magisterial
District Judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge
determining that there has been a violation further determines that
there was a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.[1]
C.
Fees. All fees for permits and licenses required under the terms
of this chapter shall be set by resolution of the Board of Township
Supervisors and may be amended from time to time.
D.
Enforcement Officer. The Board of Township Supervisors shall designate
by resolution the enforcement officer under this chapter.
