(a) Permits required. It shall be unlawful for any person to construct, alter, extend, or operate a mobile home park within the Borough unless and until that person obtains:
(1) A permit issued by the Borough in the name of the operator, which shall not be issued until a copy of all required permits have been furnished, all permits for water supply and sewage systems have been obtained, and all other requirements contained herein have been complied with, and final approval of the application has been granted by Borough Council; and
(2) A building permit issued by the Borough for the placement of any mobile home on a mobile home lot, including the relocation of an existing mobile home from one lot to another within a mobile home park.
(b) Annual licenses. In addition to the initial permits, the operator of a mobile home park shall apply to the Borough on or before December 1 of each year for an annual license to continue operation of the mobile home park. The Borough shall issue the annual license upon satisfactory proof that the park continues to meet the standards prescribed by state and county agencies having jurisdiction and the standards of this Subdivision and Land Development Code. The license so issued shall be valid for one year from the date of issuance.
(c) Fees.
(1) Fees for the initial application, preliminary and final approvals, and the annual license shall be prescribed by resolution of Borough Council.
(2) The fee for the annual license shall be submitted to the Borough with the application for the annual license.
(3) The amount and submission of the fee required for a building permit shall be in accordance with the fee schedule for such permits established by Borough Council.
(d) Inspections.
(1) Upon notification to the licensee, operator, or other person in charge of a mobile home park, a representative of the Borough may inspect a mobile home park at any reasonable time to determine compliance with this Code.
(2) Upon receipt of the application for annual license and before issuing such annual license, the Zoning Officer or other designated representative of the Borough shall make an inspection of the mobile home park to determine compliance with this Code. The Zoning Officer or other representative shall thereafter notify the licensee of any instances of noncompliance with this Code and shall not issue the annual license until the licensee has corrected all such violations.
(e) Register of occupants. The park operator shall maintain a register containing the number of occupied mobile home lots and the names of all park occupants. Such register shall be available to any authorized person inspecting the park. The operator shall notify the appropriate offices, in accordance with state and local taxation laws, of the arrival and departure of each mobile home. The register shall be submitted to the Borough as part of the application for renewal of the mobile home park's annual license.
(f) Removal of mobile homes. No mobile home shall be removed from the Borough without a permit first being obtained from the Borough Tax Collector as required by Act No. 54 of 1969 of the Pennsylvania General Assembly. Such permit shall be issued upon payment of any required fees and real estate taxes assessed against the home and unpaid at the time the permit is requested.
(g) Appeal of mobile home park permit denial. Any applicant or licensee who believes that the Borough has failed to follow procedures or has misinterpreted or misapplied any provision of this Code in the review of an application for mobile home park permit or an annual license renewal may appeal such action to the Borough Zoning Hearing Board, in accordance with § 909 of the MPC, as amended.
(h) Transfer or change in terms of permit. No permit issued under this Code shall be transferable to a different location. No person holding a permit under this Code shall extend or reduce the area of any mobile home park, add any new facility or structure, or eliminate any existing facility or structure until notice of such proposed change shall have been given to the Borough, and the Borough has ascertained, after investigation as in the case of an original application for a permit, that such proposed change is in accordance with all requirements of this Code, and shall have signified that fact by written approval.
(i) Limitations on sales. The applicant or licensee for a mobile home park shall provide an affidavit from the chief executive officer attesting that the applicant or licensee is not engaged in the sale of mobile homes or, if the applicant or licensee is so engaged, that the lease of a lot shall not be conditioned upon a lessor's purchase of a mobile home from the applicant or licensee, and that no requirements have been or shall be established that would prevent a lessor with a mobile home of comparable quality and size from leasing a lot.
(Ord. 961, § 619. Passed 8-13-01.)