[Adopted 6-13-2006 by Ord. No. 2006-8]
This Part 4 shall be known as the "Manufactured Home Park Ordinance."
A.
General interpretation. Words not specifically defined in this section
shall be given their usual and customary definition.
B.
Terms defined in other laws. Terms not specifically defined in this section but which are defined in other statutes or Township ordinances shall be interpreted according to such other established definitions. It is not the intention of this Part 4 to establish new definitions for terms expressly defined in other Township ordinances, except as deemed appropriate for this Part 4.
C.
AUTHORITY
CODE ADMINISTRATOR
HEALTH DEPARTMENT
HUD-CODE HOME
LICENSE
MANUFACTURED HOME
MANUFACTURED HOME PARK
MANUFACTURED HOME PARK LOT
MOBILE HOME
MODULAR HOME
PERSON
PUBLIC AND PRIVATE IMPROVEMENTS CODE
SERVICE BUILDING/COMMUNITY SERVICE FACILITY
SINGLE-WIDE HOME
SITE-BUILT/STICK-BUILT HOME
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
UNIFORM CONSTRUCTION CODE/CONSTRUCTION CODE
Defined terms. As used in this Part 4, the following terms shall
have the meanings indicated:
That authority or department of a political subdivision which
owns and/or operates public water, public sanitary sewer and/or public
storm sewer lines and facilities.
That person designated in this Part 4 or by resolution of
the Board of Supervisors to administer and enforce this Part 4, and
shall include his or her designee(s).
The Erie County Department of Health.
A manufactured or mobile home which is constructed in accordance
with standards set forth in Manufactured Home Construction and Safety
Standards, developed and administered by the U.S. Department of Housing
& Urban Development, as the same may in the future be amended.
This term shall be deemed included within a "manufactured" or "mobile"
home.
A written approval and authorization, in such form as is
adopted by resolution of the Board of Supervisors, authorizing a person
to operate and maintain a manufactured home park.
Any home that is built in a factory to the HUD Code and transported
on its own wheel, axle and/or chassis system and installed on a building
site, whether or not wheels and axles are removed during siting. Shall
be deemed to include "mobile home," "modular home" and all other equivalent
terms, especially when located within a manufactured home park.
A development or area under single ownership comprising at
least five contiguous acres of land where owners of manufactured homes
place their manufactured homes on rented land space or owners of land
place manufactured homes for rental of the home and space by others
for nontransient use.
A parcel of land within a manufactured home park, constructed
and installed with utility connections, off-street parking area and
other improvements or appurtenances required under applicable laws,
ordinances or regulations or desired by the lot owner or occupant
for a single manufactured home and the exclusive use of its occupants.
Generally an outdated term since implementation of the HUD
Code, which refers to manufactured homes, shall be deemed incorporated
within the term "manufactured home."
A factory-built home designed to meet state or local building
codes, rather than the HUD Code, and transported for installation
on a building site.
Any individual, firm, partnership, corporation, trust, estate,
public or private association, limited liability company or other
entity.
A building or structure housing operational, office, recreational,
park maintenance and/or other facilities built to serve a manufactured
home park and/or to conform to required local standards.
As used in this Part 4, shall mean a single-section manufactured or mobile home usually measuring no wider than 12 feet or 14 feet and no longer than 70 feet.
A home erected at a building site using conventional means
of construction with few prefabricated components. When constructed
on a manufactured home lot by the lot owner or other person, shall
be deemed a manufactured home for purposes of this Part 4.
The Millcreek Township Subdivision and Land Development Ordinance (Chapter 125 of the Code of the Township of Millcreek).
The Pennsylvania Uniform Construction Code, as adopted by
ordinance of Millcreek Township.[1]
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
A.
Application of ordinance. The regulations of this Part 4 shall apply
generally to all manufactured or mobile home parks developed, constructed
and/or used in Millcreek Township.
B.
General rule of application. Except as specifically set forth in this Part 4, the regulations of this Part 4 shall not be deemed to modify, amend or alter substantive and procedural provisions of other federal and state laws and regulations and/or Millcreek Township ordinances and resolutions, including but not limited to Chapter 125, Subdivision and Land Development, Chapter 116, Stormwater Management, Chapter 145, Zoning, the Public and Private Improvements Code[1] and resolutions adopted by the Board of Supervisors which
relate thereto, as now in effect and as may in the future be amended.
C.
Development and design regulations. Regulations governing land use, land development, design and standards for manufactured home parks, stormwater management and construction of required improvements as set forth in Chapter 145, Zoning, Chapter 125, Subdivision and Land Development, Chapter 116, Stormwater Management, and Public and Private Improvements Code[2] are not intended to be modified as to manufactured home
parks and shall govern.
D.
Building and construction standards. Standards for construction of
manufactured, modular and/or stick-built homes as established by the
U.S. Department of Housing and Urban Development and/or the Uniform
Construction Code shall govern, and this Part 4 is not intended to
amend or alter the same.
E.
Forms and documents. Except as may be specifically established in
this Part 4, forms of the Township which relate to subdivisions, land
developments, permits, zoning, construction and stormwater management
shall be as have been adopted in other ordinances or by resolution
of the Board of Supervisors. Forms generally are not prescribed in
this Part 4 so as to allow for adoption and amendment of forms by
resolution of the Board of Supervisors as it deems such documents
and revisions to be necessary or appropriate.
It shall be unlawful and a violation of this Part 4 for any
person to construct, develop, alter or extend any manufactured home
park in Millcreek Township without first obtaining and maintaining
in full force and effect a permit issued by the Board of Supervisors
through the Code Administrator in the name of such person for the
specific development, construction, alteration or extension proposed.
A.
No permit to develop, construct, alter or extend a mobile home park
shall be issued until the applicant first has obtained all zoning,
Construction Code, land development and stormwater management plan,
Authority, Health Department and other required approvals and has
either constructed all required improvements or tendered to the Township
financial security to ensure their proper construction.
B.
The application for permit shall be made in writing by the owner
on such form as is adopted by the Board of Supervisors and shall be
submitted to the Code Administrator.
C.
The application for permit shall be signed by the owner(s) and shall
set forth such information as the Board of Supervisors shall require,
this to include, at a minimum:
(1)
Name and address and telephone number of each owner;
(2)
Name, address and telephone number of the person who shall operate
the proposed park, if different than the owner;
(3)
Street address, Millcreek index number and Erie County tax index
number for the subject property;
(4)
Size in acres of the subject property;
(5)
Number of lots proposed within the park;
(6)
Name, address and telephone number of applicant's engineer;
(7)
The date on which the application for land development for the park
was submitted and/or approved, as is applicable;
(8)
Detail as required for land developments and manufactured home parks under Chapter 125, Subdivision and Land Development;
(9)
If not otherwise provided, detail regarding proposed buildings, service
buildings and community service facilities proposed; location, height,
direction and intensity of outdoor lighting; location and size of
all home lots; and location of all screening and detail of height
and materials of construction; and
(10)
A time schedule for development of the park.
D.
Upon receipt of an application, supplements and payment of such fee
therefor as is established by the Board of Supervisors, the Code Administrator
shall review the application to determine whether the proposed park
complies with regulations in all applicable ordinances. If an application
complies with all applicable ordinances, the Code Administrator shall
issue a permit to the applicant, which shall be valid for a term of
one year.
(2)
No permit shall be issued until all required land development and/or
subdivision plans have been approved, a stormwater management plan
for the development has been approved and the applicant has either
constructed all required improvements or tendered to Millcreek Township
financial security required to ensure their construction.
(3)
If the development will involve construction which is subject to
the Uniform Construction Code, the applicant shall be obligated to
apply for and obtain all construction permits required under the ordinance
implementing that Code. The permit required under this section is
not intended to pertain to the Construction Code.
(4)
If the applicant is unable to complete construction, alteration or
extension of the park by the end of the one-year term of the issued
permit and submits a written request for an extension of such permit,
the Board of Supervisors, upon good cause shown, shall have authority
to extend the term of the permit.
A.
License required. It shall be unlawful for any person to operate
a manufactured home park in Millcreek Township unless he or she holds
a license issued annually by the Township in the name of such person(s)
for the specified park. Proof of registration by the Health Department
shall be furnished to the Code Administrator at the time of application
for a license or renewal license.
B.
Application. The application for license or renewal license shall
be made in writing by the owner on such form as is adopted by the
Board of Supervisors and shall be submitted to the Code Administrator.
C.
License fee. The applicant shall tender with an application for license
or renewal license payment of the fee therefor as is prescribed by
resolution of the Board of Supervisors.
D.
License term. Each license shall be valid for a period of one year,
commencing July 1 and concluding the following June 30.
E.
Action on application. The Code Administrator shall, upon receipt
of an application, issue a license or renewal license upon confirming
that the applicant and the park are in compliance with all regulations
in this Part 4 and other applicable laws and ordinances. If the Code
Administrator determines that the applicant is not in compliance with
a regulation, the application shall be denied and the reason for denial
stated in writing and communicated to the applicant.
F.
Transfer of ownership. Each person holding a license shall file notice
in writing to the Code Administrator within 10 days after having sold,
transferred or disposed of ownership and/or operational responsibility
for any manufactured home park. Such notice shall identify the new
owner or operator.
G.
Suspension. A license may be suspended in the discretion of the Code
Administrator or the Board of Supervisors if the owner or operator
should fail to remedy violations of this Part 4 within the time prescribed
therefor in an enforcement notice issued by the Code Administrator.
In the event a license is suspended, the Code Administrator shall
issue to the licensee written notice of the suspension, and such suspension
shall remain in effect until such time as all cited violations have
been remedied.
The licensee shall be responsible for complying with all regulations governing collection and disposition of municipal waste, recyclable materials and leaf waste within the park as are established in Chapter 110, Article I, Municipal Waste and Recycling, of the Code of the Township of Millcreek, as may be amended.
Grounds, buildings and structures within the park shall be maintained
free of insects and rodent harborage and infestation. Extermination
methods and other measures to control insects and rodents shall comply
with requirements of all applicable agencies.
Manufactured home park areas shall be kept free of litter, rubbish
and flammable materials.
Manufactured home parks and homes within parks shall at all
times comply with all regulations in the International Fire Prevention
Code and other applicable laws and regulations.
A.
Responsibilities of licensee.
(1)
The licensee for a manufactured home park shall at all times operate
and maintain the park in compliance with this Part 4 and shall provide
supervision adequate to maintain the park, its facilities and equipment
in good repair and in a clean and sanitary condition.
(2)
The licensee shall supervise the placement of each manufactured home
on its park lot, which includes securing its stability and installing
all utility, water and sewer connections.
(3)
The licensee shall ensure installation and continued service of water,
sewage disposal and utility services to the park and all lots within
it in accordance with requirements of applicable Township ordinances.
(4)
The licensee at all times shall ensure that the park and all portions
of it (including all homes within the park) are used solely for residential
purposes, this not prohibiting those activities which are required
for the direct servicing and well-being of park residents and for
management and maintenance of the park.
(5)
The licensee at all times shall give the Code Administrator free
access to the park and to all lots, service buildings and other community
service facilities for the purpose of inspection.
B.
Nothing in this Part 4 shall be deemed to prohibit the sale of a
manufactured home located on a park lot and connected to utilities.
C.
Unless properly zoned, no manufactured home sales lot or facility
shall be permitted within a park.
The Board of Supervisors is authorized to establish and, in
its discretion, amend fees for permits, licenses, inspections and
other services provided under and pursuant to this and other applicable
ordinances.
The Code Administrator, the Engineer and/or their designees
are authorized and instructed to conduct such investigations as they
deem necessary and appropriate in consideration of applications for
permits and/or licenses and to ensure compliance with this and other
applicable ordinances.
In accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek (Ordinance No. 96-8), as has been or may in the future be amended:
B.
Any person who violates any other provision of this Part 4 shall
violate this Part 4, and a civil fine of $500 is prescribed upon such
finding of violation.
[Amended 8-28-2007 by Ord. No. 2007-6]
C.
Each day a violation of this Part 4 occurs shall be deemed a separate
violation, and shall subject the violator to a fine or penalty for
each day a violation continues.
D.
In the event a violation cited is not remedied, a person found in a civil action instituted by the Township to have violated this Part 4 shall be subject to a the civil fines as prescribed in this section for each violation and for each day such violation(s) continue, plus all costs and plus all attorney's fees incurred by the Township, in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, of the Code of the Township of Millcreek, as may be amended.
[Amended 8-28-2007 by Ord. No. 2007-6]
E.
In the event a person should fail to remedy a violation after receipt
of an enforcement notice, the Code Administrator shall have authority
to issue a cease-and-desist order, which shall extend to directing
that construction activity or operations cease until such time as
the cited violations have been remedied.
F.
Upon repeated violations by the same licensee, the Code Administrator
shall have authority to suspend an issued license for a defined period
of time or to permanently revoke an issued license after prior written
notice setting forth the effective date of such action and any action
said licensee must take to avoid such action.
G.
The Township shall have authority to commence an action in the Court of Common Pleas of Erie County to enjoin a violation or to secure other equitable relief (including but not limited to compelling compliance with regulations). In such event, a person found to have violated this Part 4 shall, in addition to other relief, be obligated to pay all costs and plus all attorney's fees incurred by the Township, in accordance with Chapter 48, Enforcement and Collection Activities, Article II, Attorneys' Fees, of the Code of the Township of Millcreek, as may be amended.