ORDINANCE NO. 163
AN ORDINANCE OF
The Board of Supervisors of Kennett Township, after review by the Kennett Township Planning Commission and the Chester County Planning Commission, and hearing pursuant to public notice, as required by law, HEREBY ENACTS AND ORDAINS the following amendments to the Kennett Township Subdivision and Land Development Ordinance of 1983, as amended:
SECTION 1.
Article II, § 704, Definitions, is amended by changing the text of the
following existing defined terms, which shall hereafter read in their entirety
as follows:
Building.
A
combination of materials to form a permanent structure having walls and a roof.
Included shall be all manufactured or mobile homes and trailers to be
used for human habitation.
(FEMA)
Land Disturbance.
Any activity, which exposes soils, alters topography, and/or alters
vegetation, except for the removal of hazardous or alien vegetation.
Customary agricultural practices such as tilling, plowing, mowing, and
harvesting are excluded from the definition of land disturbance except where
such practices are located or proposed within a protected natural resource.
Mobile/Manufactured Home.
A
structure, transportable in one or more sections designed to be joined into one
integral unit and capable of being separated for repeated towing.
A mobile/manufactured home is built on a permanent chassis and is
designed for use with or without a permanent foundation when attached to the
required utilities and arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations. The term includes
park trailers, travel trailers, recreational and other similar vehicles which
are placed on a site for more than one hundred eighty (180) consecutive days.
For the purposes of this ordinance, the terms “manufactured home” and
“mobile home” may be used interchangeably.
(FEMA
and MPC, combined definition)
Mobile/Manufactured
Municipal Authority.
A
body politic and corporate created pursuant to the act of May 2, 1945 (P.L.382,
No.164), known as the “Municipality Authorities Act of 1945” or its successor.
(MPC)
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Open
Space Management Plan.
A plan which provides for the
long-term management over time of private, public, or common open space, in
accordance with Section 1707 of the Kennett Township Zoning Ordinance.
Structure.
Anything constructed or erected on the ground or attached to the ground
including, but not limited to buildings, sheds, mobile homes, and other similar
items. This term includes any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land.
(FEMA and MPC)
Wetland
Delineation.
The on-site method or process for identifying wetlands which is currently
adopted by the Pennsylvania Department of Environmental Protection. (Note:
The Commonwealth, as of August 2005,
requires the methodology outlined in
U.S. Army Corps of
Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987.)
Wetlands.
Wetlands are those
areas inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances, do support,
a prevalence of vegetation typically adapted for life in saturated soil
conditions, including swamps, marshes, bogs, ponds, lakes, and similar areas.
Wetlands include all lands regulated as wetlands by the Pennsylvania
Department of Environmental Protection or the U. S. Army Corps of Engineers.
In the event there is a conflict between the definitions of these
agencies, the more restrictive definition shall apply.
Zoning
Map.
The official Zoning Map of Kennett Township, Chester County,
Pennsylvania, as adopted and amended from time to time.
Zoning
Ordinance.
The Zoning Ordinance of Kennett
Township, Chester County, Pennsylvania, as adopted and amended from time to
time.
SECTION 2.
Article II, § 204, Definitions, is amended by inserting the following new
defined terms:
Flood,
One Hundred Year.
A
flood that, on the average, is likely to occur once every one hundred (100)
years (i.e. that has one (1) percent chance of occurring each year, although the
flood may occur in any year).
(FEMA)
Modular
Home.
A factory built home, other than a mobile or manufacture home,
constructed on site in accordance with the Township Building Code and composed
of components substantially assembled in a manufacturing plant and transported
to a building site for final assembly on a permanent foundation.
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Wetland Margins.
A wetland margin is the
transitional area extending a minimum of fifty (50) feet from the outer limit of
a wetland.
SECTION 3.
Article V, Design Standards, § 508, Sanitary Sewage Disposal, is amended
by adding thereto the following new subparagraph:
A. Where lots are to be served by on-site sewage facilities, the location of both a primary and replacement area for the sewage disposal facilities shall be determined by complete soil testing and clearly identified on the subdivision plot plan. No construction activities, construction equipment, earthmoving activity, earthmoving equipment or paving shall be permitted to occur within the area designated on the subdivision plan as the primary or replacement sewage disposal area. These areas as marked on the final subdivision or land development plan shall be protected and preserved as required above. This requirement shall be noted on the plan as a deed restriction. Soil percolation tests shall be performed in accordance with the procedure of the Pennsylvania Department of Environmental Protection and the Chester County Health Department. In the case of replacement areas, minimal soil testing (i.e. test pits only) may be permitted at the discretion of the Sewage Enforcement Officer.
SECTION 4.
Article V, Design Standards, § 515, Mobile home park regulations, is
deleted and replaced in its entirety with the following:
A.
Area, Bulk, and Density Regulations
The Area, Bulk, and Density Regulations for
mobile home parks shall be as set forth in Article XXII of the Kennett
Township Zoning Ordinance.
B.
Street System
1.
The entrance road or area connecting the park with a public street or
road shall have a minimum pavement width of thirty-four (34) feet for a depth of
at least one hundred (100) feet from the public street or road.
2.
Street Widths.
The standards for a Residential/Local Street contained in §502.B of this
Ordinance shall govern the widths of interior streets in a mobile home park.
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3.
On-Street Parking. On-street
parking is prohibited on streets with a cartway width of less than twenty-four
(24) feet. Where cartway width is
at least twenty-four (24) feet, parking shall be permitted on one side of the
street only. Where cartway width is
less than twenty-four (24) feet, no on-street parking shall be permitted.
4.
Preservation Of Sight Lines.
No structure, fence, tree, shrub or other planting shall be maintained
between a line two (2) feet above the street level and a plane seven (7) feet
above the street level so as to interfere with traffic visibility across the
corner within the triangle bounded by the intersecting street lines and a
straight line drawn between points on each street twenty-five (25) feet from the
intersection of said street lines.
5.
Lighting. All streets
and mobile home parking spaces shall be lighted in accordance with the
provisions of Section 2013, Lighting Requirements and Design Standards, of this
Ordinance.
6.
Additional Requirements.
All other aspects of the design and construction of the street system
shall be governed by Sections 502.C, 502.D, 502.E, 502.F, 502.G and 502.H of
this Ordinance.
C.
Off-Street Parking Areas and Walks
1.
Off-street parking for at least two (2) motor vehicles shall be provided
at each mobile home site. Each
parking space shall be paved and accessible from the street and shall be at
least nine and one-half by twenty (9 1/2 x 20) feet.
Off-site common parking areas may be provided in lieu of parking spaces
at each mobile home site; but, in such case parking shall be provided at the
rate of two (2) spaces for each mobile home site not equipped with two (2)
parking spaces.
2.
Additional parking spaces for vehicles of nonresidents shall be provided
in centralized parking lots at the rate of one (1) space per four (4) mobile
homes.
3.
All mobile home parks shall provide safe, convenient, all-season
pedestrian walkways of adequate width for their intended use, durable and
convenient to maintain, between the park streets and all community facilities
provided for park residents.
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a.
All mobile home sites shall be connected to common walks and to streets
or to driveways connecting to a paved street.
Each such walk shall have a minimum width of three and one-half (3 1/2)
feet.
b.
Except for the minimum width, which shall be as specified above, the
sidewalk construction standards contained in Section 503.B of this Ordinance
shall govern the installation of any walkways.
D.
Stormwater Management, Storm Drainage, Erosion and Sedimentation Control
The provisions of Section 511 of this Ordinance shall be applicable to
all mobile home park developments.
Plans shall be submitted by the applicant for review and recommendations of the
Chester County Conservation District
regarding grading, stormwater management, and sedimentation and erosion
control. Copies of the plans and
documents prepared by the Conservation District shall be submitted by the
applicant for review by the Township Engineer.
E.
Water Supply
All mobile home parks shall be required to
connect to a public water supply system.
The provision of public water shall be in accordance with Section 509.A
of this Ordinance and shall be approved by the Chester County Department of
Health and the Pennsylvania Department of Environmental Protection, as
applicable. Such approvals shall be
obtained in writing prior to the Township approval of the application.
F.
Sanitary Sewage Disposal
G.
Utility Distribution System
All utilities shall be
installed and maintained in accordance with utility company specifications
regulating such systems and shall be underground.
H.
Common Open Space
Common open space shall be provided consistent with the requirements of Section
2202.C of the Zoning Ordinance.
Common open space areas shall be located and designed in areas contiguous to
residential areas and easily accessible to residents and shall preserve natural
features. Common open space areas
should include both active recreation areas (which may include, but not
necessarily be limited to such uses as playing fields, tennis courts, swimming
pools, etc.) for all age groups and, particularly
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where the site includes a watercourse or hilly
or wooded areas, land which is left in its natural state.
I.
Service Buildings and Facilities
1.
Where a service building is provided, it must contain a toilet and
lavatory for each sex and storage areas for occupants of the park.
In addition, the applicant may provide laundry facilities, management
office, repair shop, indoor recreational facilities and/or commercial uses to
supply essential goods and services to park residents only.
It is also recommended that the applicant provide sheltered waiting areas
for transportation and a mailbox area for residents.
2.
Construction Requirements and
Maintenance. Construction of
service buildings shall be in compliance with all applicable codes and
ordinances, including, but not limited to building codes, plumbing codes, and
shall be maintained in a clean, sanitary and structurally safe condition.
J.
Fuel Supply and Storage
1.
Liquefied Petroleum Gas Systems
a.
The design, installations and construction of containers and pertinent
equipment for the storage and handling of liquefied petroleum gases shall
conform to the applicable State statue and to the regulations therefore
promulgated by the Pennsylvania Department of Labor and Industry, or its
successor.
b.
Liquefied petroleum gas systems provided for mobile homes, service
buildings or other structures when installed shall be maintained in conformity
with the rules and regulations of the Pennsylvania Department of Labor and
Industry and shall include the following:
1.
Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at a safe
location.
2.
Systems shall have at least one accessible means for shutting off gas.
Such means shall be located outside the mobile home and shall be
maintained in effective operating conditions.
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3.
All liquefied petroleum gas piping outside of the mobile home shall be
well supported and protected against mechanical injury.
Undiluted liquefied petroleum gas in liquid form shall be conveyed
through piping equipment or systems in mobile homes.
4.
Vessels of at least twelve (12) U. S. gallons and less than sixty (60) U.
S. gallons gross capacity shall be maintained in a vertical position and shall
be securely, but not permanently, fastened to prevent accidental overturning.
No vessel shall be placed any closer to a mobile home exit than five (5)
feet, and no closer to any window than three (3) feet.
5.
No liquefied petroleum gas vessel shall be stored or located inside or
beneath any storage cabinet, carport, mobile home or any other structure.
6.
All pipe connections shall be of a flare type.
2.
Fuel Oil Supply Systems
a.
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall be installed and maintained in conformity with the
rules and regulations of the authority having jurisdiction.
b.
All piping from outside fuel storage tanks or cylinders to mobile homes
shall be securely, but not permanently, fastened in place.
c.
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall have shut-off valves located within five (5) inches
of storage tanks.
d.
All fuel storage tanks or cylinders shall be securely placed and shall
not be less than five (5) feet from any mobile home exit, and not less than
three (3) feet from any window.
e.
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
K.
Landscaping, Screening, and Buffering
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1.
The removal of trees shall be in compliance with the woodland and tree
protection and replacement standards of this Ordinance and the Zoning Ordinance.
Portions of tree masses or trees with
a DBH of four (4) inches or greater shall not be cleared, except where
absolutely necessary at the location of streets, mobile home pads, utilities and
ancillary buildings. Applicants shall make all reasonable efforts to harmonize
their plans with the preservation of existing trees.
2.
Screening and buffering shall be provided consistent with the mobile home
park standards of Section 2202.D of the Zoning Ordinance.
3.
In addition to the screen plantings for buffered setbacks, a mobile home
park shall meet the following landscaping requirements:
a.
Disturbed topsoil shall be stockpiled and replaced after construction.
b.
Deciduous trees of varying species shall be planted within the mobile
home park at the ratio of two (2) per mobile home.
In the event that a substantial portion of the tract is wooded and a
substantial number of trees remain after development, the Board of Supervisors
may, at its sole discretion, modify this requirement.
c.
Deciduous and/or evergreen shrubs of varying species shall also be
planted within the mobile home park at a ratio of at least four (4) per mobile
home.
d.
Planting of landscape material shall be in accordance with a plan
prepared by a registered landscape architect and shall be completed within six
(6) months of approval of Final Plan.
Failure to implement the landscaping plan within such time shall warrant
denial of the park's annual license under Section 705.A hereof.
e.
All open areas not otherwise covered by paving, buildings or low growing
planting shall be planted and maintained in lawn consisting predominantly of a
suitable grass as specified in the landscape plan and at no time shall the grass
be permitted to exceed four (4) inches in height.
L.
Miscellaneous Structural Requirements
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1.
Mobile Home Pad.
A pad designed and constructed in accordance with the requirements of
Section 2203 of the Zoning Ordinance and the Township Building Code.
Mobile home pads shall be properly graded, placed and compacted so as to
be durable and adequate for the support of the maximum anticipated loads during
all seasons, shall be used for all mobile homes.
2.
Anchoring.
Every mobile home placed within a mobile home park shall be anchored
against overturning and uplifting in accordance with the applicable requirements
of the Township Building Code.
3.
Skirts.
Each mobile home placed within a mobile home park shall, prior to
occupancy or other use, have a skirt installed which is designed to compliment
the appearance of the mobile home and is coordinated with other units throughout
the park. The skirting shall be
placed around the area between the ground surface and the floor level of each
mobile home so as to prevent that area from forming a harborage for rodents, to
avoid the creation of a fire hazard, or to expose unsightly conditions.
4.
Hitch.
The hitch or tow bar attached to a mobile home for transport purposes
shall be removed and remain removed from the mobile home when it is placed on
its mobile home pad.
M.
Fire Extinguishers
Portable, hand-operated fire extinguishers of a
type suitable for use on oil fires and approved by the local fire prevention
authority shall be kept in each service building under park control and shall be
required by the mobile home operator to be placed in each mobile home in the
park, located inside the mobile home in a fixed location, preferably near a
door, but not in close proximity to cooking facilities.
N.
Solid Waste Collection
All mobile home parks shall be provided with
solid waste collection stations at convenient, but inconspicuous, locations,
each serving not more than ten (10) mobile homes, and consisting of self-closing
containers, with separate containers for garbage and trash, placed on a concrete
slab and accessible for truck pick-up, and completely screened from view by
solid fencing of evergreen planting, or a combination of such materials; such
station shall be shown on the Development Plan.
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SECTION 5.
Article V, Design Standards, § 518, Parking areas and parking lots, is
amended by deleting therefrom in its entirety subparagraph B(9).
SECTION 6.
This Ordinance shall take effect as provided by law.
ENACTED AND ORDAINED, this
17th day of April, 2006.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
ATTEST:
______________________________
_________________________________
Michael E. Elling, Chairman
_______________________
Robert A. Hammaker, Vice-Chair
___________________
Allan F. Falcoff
ENACTED AND ORDAINED the
day of
, 2006.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
Michael E. Elling, Chairman
Robert Hammaker
Allan Falcoff
ATTEST:
Secretary/Treasurer