HomeMy WebLinkAboutMobile Manufactured Home Park & Travel Trailer/RV Park Ordinance-1993/993
MOBILE MANUFACTURED HOME .
PARK AND
TRAVEL TRAILEWRV
PARK ORDINANCE
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Division of Coastal Management
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HERTFORD COUNTY
NORTH CAROLINA
PREPARED FOR
HERTFORD COUNTY, NORTH CAROLINA
BOARD OF COMMISSIONERS
Vernice B. Howard, Chairman
DuPont L. Davis
Ray A. Farmer
Donald C. Craft, County Manager
PLANNING BOARD
Charles I. Pierce, Jr., Chairman
Landon Miales
Harvey V. Jones, Jr.
W. W. Billy Edwards, Jr.
Michael H. Basnight
Robert L. Holloman
Wilbur Pierce
R.C. Kennington
James Weibley
Wayland Mitchell
Building Inspector
Jane E. Godwin, Planning and Zoning Administrator
Technical Assistance:
Mid -East Commission
P.O. Drawer 1787
Washington, NC 27889
919-946-8043
Executive Director: Robert J. Paciocco
Planner -in -Charge: Jane Daughtridge
The preparation of this report was financed in part through a grant provided by the North Carolina
Coastal Management Program, through funds provided by the Coastal Zone Management Act of 19.72, as
amended, which is administered by the Office of Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.
Price: $5.00
TABLE OF CONTENTS
Page
ARTICLE I - GENERAL ........................................ 1
Section 1 - Authority .......................................... 1
Section 2 - Jurisdiction ....................................... 1
Section 3 - Title ............................................ 1
ARTICLE II - DEFINITIONS .................................... 2
Section 1 - General ........................................ , . 2
Section 2 - Tense and Number ................................. 2
Section 3 - Word Interpretations ................................ 2
Section 4 - Definitions ........................................ 2
ARTICLE III - MOBILE HOME REGISTRATION
Section 1 - Mobile Home Regulations ............ ......... ... 4
ARTICLE IV - APPLICATION FOR MOBILE HOME OR TRAVEL
TRAILER PARK CONSTRUCTION ................... 6
Section 1 - Construction Permit ................................. 6
Section 2 - Contents of Preliminary Plat .......................... 6
Section 3 - Review of Preliminary Plat ............................ S
Section 4 - Preliminary Plat Approval ............................ 8
Section 5 - Issuance of Construction Permit and
Certificate of Occupancy ....................... ... 9.
ARTICLE V - SPECIFICATIONS FOR MOBILE HOME PARKS .......... 10
Section 1 - Site Development .................................. 10
Section 2 - Sanitary Facilities, Water Supply, Sewerage, Electricity ....... 11
Section 3 - Structural Additions ................................. 11
Section 4 -.Management .............................. ...... 11
Section 5 Nonconforming Mobile Home Parks ..................... 11
Section 6 - Miscellaneous Specifications ............................ 12
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TABLE OF CONTENTS (continued)
ARTICLE VI - SPECIFICATIONS FOR TRAVEL TRAILER PARKS ........13 -
Section 1 - Site Development ...... ........................... 13
Section 2 - Sanitary Facilities, Water Supply, Sewerage, Garbage,
Collection, Utilities ............................... 14
ARTICLE VII - REGISTRATION .................................. 15
ARTICLE VIII - INSPECTION ................................... 15
ARTICLE IX - LOSS OF OPERATING PERMIT ...................... 15
ARTICLE X - AMENDMENTS .................................... 16
Section 1 - Amending the Ordinance ............................. 16 _
Section 2 - Procedure ........................................ 16
ARTICLE XI - BOARD OF ADJUSTMENT .......................... 16
ARTICLE XII - LEGAL PROVISIONS .............................. 16 _
Section 1 - Provision of Ordinance Declared to be Minimum Requirements 16
Section 2 - Complaints Regarding Violations ....................... 16
Section 3 - Penalties for Violation ............................... 17
Section 4 - Separability Clause ................................. 17
Section 5 - Effective Date ..................................... 17
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HERTFORD COUNTY MOBILE MANUFACTURED HOME PARK ..
AND TRAVEL TRAILER PARK ORDINANCE
ARTICLE I - GENERAL
ENACTMENT:
AN ORDINANCE ESTABLISHING REGULATIONS FOR MOBILE
MANUFACTURED HOME PARK AND TRAVEL TRAILER PARKS WITHIN THE
COUNTY OF HERTFORD, NORTH CAROLINA, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN
ACCORDANCE WITH THE PROVISIONS OF NORTH CAROLINA GENERAL
STATUTES 153A-121 INCLUSIVE, AND FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH.
PREAMBLE:
WHEREAS, in order to promote the health, safety, morals and general welfare of the inhabitants
of the County of Hertford, North Carolina; to provide for planned mobile manufactured home park
and travel trailer park development, it is desirable and necessary to adopt the Mobile Manufactured
Home Park and Travel Trailer Park Ordinance for the unincorporated areas of said county as
hereinafter set forth. This ordinance does not pertain to modular housing units.
NOW THEREFORE BE IT ORDAINED BY THE COUNTY OF HERTFORD, NORTH
CAROLINA AS FOLLOWS:
SECTION 1 AUTHORITY
The provisions of this ordinance are adopted under authority granted by the General Assembly of
North Carolina. (General Statutes 153A-121 through 153A-124)
SECTION 2 JURISDICTION
The regulations set forth in this ordinance shall be applicable within the unincorporated areas of
the County of Hertford.
SECTION 3 TITLE
This Ordinance shall be known as The Mobile Manufactured Home Park and Travel Trailer Park
Ordinance.
ARTICLE II - DEFINITIONS
SECTION 1 GENERAL
(A) For the purpose of this ordinance certain terms or words used herein shall be interpreted as
follows:
SECTION 2 TENSE AND NUMBER
(A) The present tense includes the future tense and the future tense includes the present tense.
(B) The singular number includes the plural number and the plural number includes the singular
number.
SECTION 3 WORD INTERPRETATIONS
(A) The word "may" is permissive.
(B) The words "shall" and "will" are mandatory.
(C) The word "county" shall mean the County of Hertford, North Carolina.
(D) The words "Planning and Zoning Board" shall mean the Hertford County Planning and
Zoning Board. _
(E) The words "County Commissioners" shall mean the County Commissioners of Hertford
County, North Carolina.
(F) The word "person" includes firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
(G) The words "used" or "occupied" include the words intended, designed, or arranged to be used
or occupied.
SECTION 4 DEFINITIONS
(A) Developer: - Any person, firm, trust, partnership, association or corporation engaged in
development or proposed development of a mobile manufactured home or travel trailer park.
(B) Enforcement Officer: The enforcement officer, as the term is used herein, shall be the
Building Inspector for Hertford County. In addition to the Building Inspector, the Director
of Health or his designated representative also shall be considered enforcement officers for
the purpose of enforcing all public health provisions of this ordinance and other applicable
health codes adopted by the Hertford County Board of Health. _
(C) Mobile Manufactured Home: A structure that: (a) consists of a single unit completely
assembled at the factory or of two (double -wide) or three (triple -wide) principal components
totally assembled at the factory and jointed together at the site; and (b) is designed so that
the total structure (or in the case of a double -wide or triple -wide, each component thereof)
can be transported on its own chassis; and (c) is 32 feet or longer and 8 feet or wider, and
(d) is designed to be used as a dwelling and provides complete, independent living facilities
for one family, including.permanent provisions for living, sleeping, eating, cooking, and
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sanitation; and (e) is actually being used, or is held ready for use, as a dwelling. Tie downs .
and other related requirements of this ordinance do not constitute permanent attachment.
(D) Mobile Manufactured Home Park: Mobile Manufactured home park shall mean any site or
tract of land upon which are located more than five (4/18/83) mobile home spaces which are
to be occupied for dwelling or sleeping purposes, regardless of whether or not a charge is
made for such service.
(E) Mobile Manufactured Home Space: A piece of land within a mobile manufactured home
park: (a) whose boundaries are in accordance with this ordinance, (b) that is designed and
improved in accordance with the requirements of the ordinance to accommodate a single
mobile manufactured home.
(F) Mobile Manufactured Home Park or Travel Trailer/RV Park Construction Permit: A permit
issued by the enforcement officer to a developer for construction of a mobile manufactured
home park or travel trailer/RV park.
(G) Natural or Artificial Barrier: Any river, pond, canal, roadway, levee, embankment, fence,
hedge, tree row, or similar obstruction which limits access and/or visibility.
(H) Structural Additions: Any roofed, canopied, enclosed porch and/or room or structure which
is used in connection with a mobile manufactured home. A concrete slab porch, with no roof
shall not be considered a structural addition.
(I) Travel Trailer/RV: A wheeled vehicular portable structure built on a chassis, designed to be
used as a temporary dwelling for travel and/or recreational purposes, having a body width not
exceeding eight (8) feet. This is also intended to include structures mounted on auto or
truck bodies that are referred to as campers.
(J) Travel Trailer/RV Park: Travel Trailer/RV Park shall mean any site or tract of land upon
which are located the minimum number of travel trailer spaces or land area required by this
ordinance, regardless of whether or not a charge is made.
(I) Travel Trailer/RV Space: A plot of land within a travel trailer/RV park: (a) whose
boundaries are in accordance with this ordinance, and (b) that is designed and improved in
accordance with the requirements of this ordinance to accommodate a single travel
trailer/RV.
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ARTICLE III - MOBILE MANUFACTURED HOME REGISTRATION
SECTION 1 MOBILE MANUFACTURED HOME REGISTRATION
No person shall place a mobile manufactured home in Hertford County for the purpose of using
said mobile home for occupancy without first having obtained a septic tank permit from the Hertford -
Gates District Health Department, followed by a Mobile Manufactured Home Registration permit and
electrical permit from the Hertford County Building Inspections Department. Registration permits will
be issued provided the mobile manufactured home or mobile manufactured home park meets the
following conditions:
(A) Comply with North Carolina General Statutes 143-149. NECESSITY FOR OBTAINING
LABEL_ OR CERTIFICATE FOR PURPOSES OF SALE - No individual natural person,
firm, partnership, association or corporation shall after September 1, 1971, sell or offer for
sale any mobile manufactured home in this State, which mobile manufactured home does not
bear permanently attached thereto a label of compliance or for which mobile manufactured
home the individual natural person, firm, partnership, association, or corporation seeking or
offering to sell such mobile manufactured home does not have a certificate of compliance or
for which mobile manufactured home the individual natural person, firm, partnership,
association, or corporation selling or offering to sell such mobile manufactured home does
not have a certificate of compliance; provided it shall be a defense to any prosecution for a
violation of the provisions of this section if such individual natural person, firm, partnership,
association or corporation shall show that a certificate of title for such mobile manufactured
homes as required by G.S. 20-52 was obtained prior to September 1, 1971, or produces other
satisfactory evidence on file with the North Carolina Department of Motor Vehicles that___ _
such mobile manufactured home was manufactured prior to September 1, 1971.
G.S. 143-150. NO ELECTRICITY TO BE FURNISHED UNITS NOT IN
COMPLIANCE - It shall be unlawful for any individual natural person, partnership, firm or
corporation to allow any electric current for use in any mobile manufactured home to be
turned on or to continue to furnish electricity for use in such mobile manufactured home
without having first ascertained that either a label of compliance is permanently attached to -
said mobile manufactured home or a certificate of compliance has been issued for such
mobile manufactured home, provided this section shall not apply if electricity to such mobile____
manufactured home has been turned on or furnished prior to September 1, 1971, by said_firm
or corporation or if the owner of said mobile manufactured home shall have obtained a
certificate of title for said mobile manufactured home as required by G.S. 20-52 prior to
September 1, 1971, or the predecessor in title shall have obtained such certificate prior to
September 1, 1971, or the owner furnishes other satisfactory evidence on file with the North
Carolina Department of Motor Vehicles that said mobile manufactured home -was
manufactured prior to September 1, 1971.
(B) Mobile manufactured homes, mobile manufactured home parks and travel trailer/RV parks
shall comply with the Zoning Ordinance of the County of Hertford, NC, September 1992.
Individual mobile manufactured homes and mobile manufactured home parks are permitted
in the Residential Districts (Residential -Agricultural District RA-20 and Riverside
Residential and Camping District RR & C). The mobile manufactured home shall comply
with the requirements set forth in the applicable Zoning District.
(C) Mobile manufactured home shall be properly connected to electrical utilities and approved by
the Hertford County Building Inspections Department. Mobile manufactured home shall be
approved as to water and sewerage disposal system with permit by the Hertford -Gates
District Health Department.
(D) No person shall place a mobile manufactured home in an "Area of Environmental Concern"
(AEC) as defined by the North Carolina Coastal Resource Commission until appropriate
permits have been obtained from the county or state permitting officer. whichever is
appropriate.
(E) All mobile manufactured homes moved into or relocated in the county shall comply with the
National Mobile Home Construction and Safety Standards of 1974. Setting up and anchoring
of all mobile manufactured homes will follow guidelines set forth in the 1989 North Carolina
Regulations for Mobile Home and Manufactured Dwellings.
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ARTICLE IV - APPLICATION FOR MOBILE MANUFACTURED HOME
PARK OR TRAVEL
TRAILER/RV PARK CONSTRUCTION
SECTION 1 CONSTRUCTION PERMIT
No persons shall construct a mobile manufactured home park or travel trailer/RV park or make
any addition to an existing mobile manufactured home park or travel trailer/RV park that either alters
the number of sites for mobile manufactured homes or travel trailers within the park or affects the
facilities required therein until they first secure a permit authorizing such construction or addition.
The construction or addition shall be in accordance with plans and specifications submitted with the
application.
The application for a mobile manufactured home park or travel trailer/RV park construction
permit shall be filed with the Hertford County Planner's Office at least 15 days prior to the regular
meeting (second Tuesday of each month) of the Hertford_ County Planning and Zoning Board. The
application will be reviewed by the Planning and Zoning Administrator, Building Inspector, Electrical
Inspector, and the Hertford -Gates District Health Department. All applications for a mobile
manufactured home or travel trailer/RV park construction permit will be accompanied by fifteen (15)
of a plat. A fee of $100 plus $25 per lot, not to exceed $900, shall accompany the application. (7/18/88)
SECTION 2 CONTENTS OF PLAT
The plat shall be drawn at a scale not more than two hundred (200) feet to the inch and shall
show the following on one (1) or more sheets.
(A) Title Information shall include:
(1) Name of park
(2) Name, address and telephone number of developer and registered surveyor
(3) Scale
(4) Date
(5) Total acreage
(6) Total number of lots and lot size in square feet
(7) Lot numbers for each lot
(8) Township, County, State
(9) An accurate North Arrow
(10) Minimum building setback lines drawn on each lot
(11) Adjoining property owners
(12) Street Names inside the park
(13) Open space available for recreational purposes for parks of more than 25 home lots
(14) Wooded areas, marshes, swamps, rock outcrops, ponds or lekes, streams or stream beds,
and any other natural features affecting the site including the location of known areas
subject to flooding.
(B) Small scale location diagram showing all roads in the vicinity and the relationship of the.site
of major roads.
(C) Dimensions and bearings of exterior property lines.
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(D) Land contours with vertical intervals of not less than two (2) feet may be required for all
mobile manufactured home parks that have sufficient land area for twenty-five (25) spaces or
more and for all travel trailer parks that have sufficient land area for fifty (50) spaces or
more.
(E) Roads in vicinity (access roads and adjacent roads).
(F) Mobile manufactured home or travel trailer/RV spaces well defined.
(G) Surface water drainage plans and. sedimentation control plans approved by the State of North
Carolina.
(H) All structures in the park site (present or proposed).
(I) Method of stabilizing roads within the park.
(J) Location and intensity of area lights, riser diagrams and typical connections to mobile
manufactured homes, and/or travel trailers/RVs or a statement indicating that the power
companies will be responsible for design and installation of the -electric system.
(K) Source of water and water distribution system and approved by the Hertford -Gates District
Health Department.
(L) Sanitary sewerage. If a private sewerage collection and disposal system is used, plans and
specifications approved by the Hertford -Gates District Health Department must be
submitted. If system is not connected to sewerage collection system, show location and size
of septic tanks, trailers/RV connected to each septic tank, layout of drain fields, date and
result of percolation tests.
(M) In the case of any park which is located wholly or partly within an "area of environmental
concern" as such is designated by the Hertford County Land Use Plan and the North
Carolina Coastal Resources Commission, the Planning and Zoning Board may require
evidence which in its judgment is satisfactory to show the issuance and compliance with any
necessary permits.
(N) In the case of any park involving land or facilities dedications, restrictive covenants created
by the developer, a property owners' association (mobile manufactured home owners' or
travel trailer/RV owners' association) created by the developer, the Planning and Zoning
Board may require the submission of all relevant legal documents and may also require the
County Attorney to review such documents as to their legality, at the expense of the
developer.
(0) In the case of any park involving any facility, project, undertaking or development which may
require a permit under any federal, state, or local laws or regulations, the Planning and
Zoning Board may require evidence which in its judgment is satisfactory to show the issuance
of such permit or the exemption of such facility, project or development from the
requirement for such permit.
(P) Any other information considered by either the developer or Planning and Zoning Board to
be pertinent to the approval of the application including 1) an environmental impact
statement if the proposed park or expansion of an existing park exceeds twenty (20) acres in
area and if the Planning and Zoning Board deems it necessary due to the nature of the land
to be developed or peculiarities of the proposed layout and 2) advertising material to be used
in selling lots or dwellings, and 3) design data and sale price ranges for any dwellings to be
constructed.
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SECTION 3 REVIEW OF PLAT
After plats for a mobile manufactured home or travel trailer/RV park have been properly
submitted to the Hertford County Planning and Zoning Board, the following county agencies shall be
responsible for reviewing the proposed plans.
(A) Planning and Zoning Board - The Hertford County Planning and Zoning Board shall review
the plans for mobile manufactured home and/or travel trailer/RV parks. This agency shall be
responsible for the review of the following to determine if the proposed design is in
accordance with the specifications of this ordinance.
(1) Title information;
(2) Small scale location map;
(3) Dimensions and bearing of exterior property lines;
(4) Roads in the vicinity;
(5) Method of stabilizing roads within the park;
(6) Location of park;
(7) Street and lot design;
(8) Surface water drainage;
(9) Results of Soil Evaluation Test for each lot, as performed by the Hertford -Gates District
Health Department.
(10) Coordinating the requirements of this ordinance with those contained in the Hertford
County Zoning Ordinance.
(B) Hertford -Gates District Health Department - The Hertford -Gates District Health -
Department shall review plans for mobile manufactured home and/or travel trailer/RV parks.
This agency shall be responsible for the review of the following, to determine if they are in
accordance with the minimum health standards and regulations.
(1) Source of water and water distribution system;
(2) Sanitary sewerage system; and
(3) Adequate lot size.
(C) County Electrical Inspector - The County Electrical Inspector shall review the plans for
mobile manufactured home park and/or travel trailer/RV parks, to determine if the proposed
electrical system is in accordance with electrical codes adopted by the Hertford County
Commissioners.
(D) County Building Inspector - The County Building Inspector shall review the plans for mobile
manufactured home park and/or travel trailer/RV parks that include buildings to be
constructed within the proposed park.
(E) Should any agency find deficiencies in the review of the plans of a proposed mobile
manufactured home park and/or travel trailer/RV park, that agency shall notify the Planning
and Zoning Board. The Planning Board after receiving notification of approval from all
agencies involved in the review of a proposed mobile manufactured home park and/or travel
trailer/RV park shall approve, approve conditionally, disapprove the plat.
SECTION 3 REVIEW OF PLAT
After plats for a mobile manufactured home or travel trailer/RV park have been properly
submitted to the Hertford County Planning and Zoning Board, the following county agencies shall be
responsible for reviewing the proposed plans.
(A) Planning and Zoning Board - The Hertford County Planning and Zoning Board shall review
the plans for mobile manufactured home and/or travel trailer/RV parks. This agency shall be
responsible for the review of the following to determine if the proposed design is in
accordance with the specifications of this ordinance.
(1) Title information;
(2) Small scale location map;
(3) Dimensions and bearing of exterior property lines;
(4) _ Roads in the vicinity;
(5) Method of stabilizing roads within the park;
(6) Location of park;
(7) Street and lot design;
(8) Surface water drainage;
(9) Results of Soil Evaluation Test for each lot, as performed by the Hertford -Gates District
Health Department.
(10) Coordinating -the requirements of this ordinance with those contained in the :;c. fcrd
County Zoning Ordinance.
(B) Hertford -Gates District Health Department - The Hertford -Gates District Health
Department shall review plans for mobile manufactured home and/or travel trailer/RV parks.
This agency shall be responsible for the review of the following, to determine if they are in
accordance with the minimum health standards and regulations.
(1) Source of water and water distribution system;
(2) Sanitary sewerage system; and
(3) Adequate lot size.
(C) County Electrical Inspector - The County Electrical Inspector shall review the plans for
mobile manufactured home park and/or travel trailer/RV parks, to determine if the proposed
electrical system is in accordance with electrical codes adopted by the Hertford County
Commissioners.
(D) County Building Inspector - The County Building Inspector shall review the plans for mobile
manufactured home, park and/or travel trailer/RV parks that include buildings to be
constructed within the proposed park.
(E) Should any agency find deficiencies in the review of the plans of a proposed mobile
manufactured home park and/or travel trailer/RV park, that agency shall notify the Planning
and Zoning Board. The Planning Board after receiving notification of approval from all
agencies involved in the review of a proposed mobile manufactured home park and/or travel
trailer/RV park shall approve, approve conditionally, disapprove the plat.
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SECTION 4 PLAT APPROVAL
(A) After considering any report and/or recommendations received in connection with all mobile
manufactured home park and/or travel trailer/RV park plans in addition to any comments
which the developer may have, the Planning and Zoning Board shall approve, approve
conditionally, or disapprove the plat and shall make their recommendations to the County
Board of Commissioners.
(1) If approved conditionally, the conditions and reasons thereof shall be stated and, if
necessary, the Planning and Zoning Board may require the developer to submit a
revised plat.
(2) If the Planning and Zoning Board should disapprove the plat, the reasons for such
action shall be stated, and recommendations made on the basis of which the
proposed development could be approved.
(B) Failure of the Planning and Zoning Board to act within sixty (60) days after the plat is
submitted to the Planning and Zoning Board shall be deemed as approved by the Planning
and Zoning Board.
(C) The Punning and Zoning Board shall present the proposed mobile manufactured home park
and/or travel trailer/RV park plans along with its recommendations to the County
Commissioners at their next meeting.
(D) The County Board of Commissioners shall approve, approve conditionally, or disapprove the,
plat.
(1) Approval of the plat is authorization for the developer to proceed with the
construction of the mobile manufactured home park and/or travel trailer/RV park.
(2) If the Board of Commissioners should disapprove the plat, the reasons or such action
shall be stated and recommendations made on the basis of which the proposed
development could be approved.
SECTION 5 ISSUANCE OF CONSTRUCTION PERMIT AND CERTIFICATE OF -
COMPLIANCE
(A) After approval of the plat for a mobile manufactured home park and/or travel trailer/RV
park by the Hertford County Commissioners, the Enforcement Officer is authorized to issue
a construction permit. The intent of this permit is to enable the execution of the plat plan in.
the field and to operate a park as defined in this ordinance. The developer shall be
responsible for purchasing all street name signs. Such signs shall be standard county name
signs and shall be installed by the County. Fee is $65 per sign.
(B) During this phase all field work shall be in accordance with the approved plans. It shall be
the responsibility of the developer to inform the various county inspection officials as to the
progress of field work so that timely inspections may be made.
(C) Upon final inspection, the Enforcement Officer is to issue a certificate of compliance. This
certificate will serve as an operating license and will enable operation of a park as defined in
this ordinance.
ARTICLE V SPECIFICATIONS
SECTION 1 SITE DEVELOPMENT
(A) Every mobile manufactured home park shall be at least three (3) acres in area.
(B) The amount of land for each mobile manufactured home space .shall be determined by the
Hertford -Gates District Health Department after an investigation of soil conditions, the
proposed method of sewerage disposal, and proposed water system. However, in no case
shall the size of a mobile manufactured home space be less than twenty thousand (20,000)
square feet. The district health department may require more than 15,000 (4/18/83) 20,000
square feet for septic tank purposes. Only one (1) mobile manufactured home will be allowed
per septic tank. All mobile manufactured home parks shall be located in areas of
"SUITABLE" or "PROVISIONALLY SUITABLE" soil characteristics, rather than areas
classified as "UNSUITABLE", as those terms are defined in regulations of the North
Carolina Department of Human Resources, Division of Health Services. (4/18/83)
(C) Each mobile manufactured home space shall be at least seventy-five (75) feet wide and
clearly defined. There shall be at least thirty (30) feet clearance between mobile
manufactured homes including mobile manufactured homes parked end to end. No mobile
manufactured home shall be located closer than fifteen (15) feet to any building within the
park, within fifteen (15) feet of any exterior boundary line of the park and no closer than
fifteen (15) feet to the edge of any interior street right-of-way.
(D) All mobile manufactured home spaces shall abut upon an interior drive of no less than thirty
(30) feet right-of-way, which shall have unobstructed access to a public street or highway, it
being the intent of this section that mobile manufactured home spaces shall not have
unobstructed access to public streets or highways except through said interior drive. All
interior drives shall be stabilized to their full right-of-way and shall have a stabilized road at
least twenty-five (25) feet in width.
(E) Culs-de-sac shall not exceed one thousand (1,000) feet in length measured from the entrance
to the turnaround. Any interior street designed to be permanently closed shall have a
turnaround at the closed end with a minimum right-of-way diameter of eighty (80) feet. The
entire right-of-way of such turnaround shall be graded and usable for the turning around of
motor vehicles.
(F Streets shall intersect as nearly as possible at right angles, and no street shall intersect less
than seventy-five (75) degrees. Where a street intersects a highway, the design standards of
the North Carolina State Highway Commission shall apply.
(G) Parking space sufficient to accommodate at least two (2) automobiles shall be located on
each mobile manufactured home space.
(H) The mobile manufactured home park shall be located on ground that is not susceptible to
flooding. The park shall be. graded so as to prevent any water from ponding or accumulating
on the premises. All ditch banks shall be sloped and seeded.
(I) The area of the mobile manufactured home stand shall be improved to provide an adequate
foundation for the placement of the mobile manufactured home.
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(J) Appropriate permits from the North Carolina Department of Transportation district engineer
must be secured before connecting the entrance of a park to any state maintained street or
highway.
(K) All streets in the mobile manufactured home park shall be adequately illuminated from one
half hour after sunset until one half hour before sunrise. The minimum size street light shall
be a 175 watt mercury-vapor (approximately 7,000 lumen class or equivalent), spaced at
intervals of not more than four hundred (400) feet.
SECTION 2 SANITARY FACILITIES, WATER SUPPLY, SEWERAGE,
ELECTRICITY, AND REFUSE COLLECTION FACILITIES
(A) Each mobile manufactured home space shall be equipped with plumbing and electrical
connections and shall be provided with electrical current .in sufficient amount to safely meet the
maximum anticipated requirements of a mobile manufactured home. -
(B) Water, sewerage and electricity. Each mobile manufactured home space shall be provided with
and shall be connected to. sanitary sewerage and a central water supplysystems providing water to
each lot and installed and maintained by the developer, as approved by the Hertford -Gates
District Health Department. Electrical connections and wiring shall be in accordance with
electrical codes adopted by the county.
(C) Refuse must be deposited at authorized County Collection recycling sites. Residents are
responsible for their own refuse disposal.
(D) When existing mobile mnnufactured homes are removed from a park space, the District Health
Depprtment is required to inspect and approve existing septic tanks prior to replacing a mobile
manufactured home.
SECTION 3 STRUCTURAL ADDITIONS
All structural additions to mobile manufactured homes other than those which are built into the _.
unit and designed to fold out or extend from it shall be erected only after a building permit shall have
been obtained, and such additions shall conform to the building code of the county, where applicable, - or shall meet the standards of special regulations adopted with respect to such additions. The building
permit shall specify to such additions. The building permit shall specify whether such structural
additions may remain permanently, must be removed when the mobile manufactured home is
removed, or must be removed within a. specified length of time after the mobile manufactured home is
removed. Structural alterations existing at the time of passage of this ordinance shall be removed
within thirty (30) days after the mobile manufactured home which they serve is moved unless attached
to another mobile manufactured home on the same site within that period.
SECTION 4 MANAGEMENT
In each mobile manufactured home park, the permittee or duly authorized attendant or caretaker
shall be responsible at all times to keep the mobile manufactured home park, its facilities, and
equipment in a clean, orderly, safe, and in a sanitary condition. ---
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SECTION 5 NONCONFORMING MOBILE MANUFACTURED HOME PARKS
Existing mobile manufactured home parks which provide mobile manufactured home spaces
having a width or area less than that herein above described, may continue to operate with spaces of
existing width and area provided the District Health Department approves septic tanks as being
adequate, but in no event shall any such nonconforming mobile manufactured home park be allowed
to expand unless such expansion meets the requirements of this ordinance.
SECTION 6 MISCELLANEOUS SPECIFICATIONS
(A) Mobile manufactured home park identification signs shall be limited to one (1) sign per park
entrance. No sign shall exceed fifteen (15) square feet in area. All signs must comply with
any other applicable ordinance.
(B) Within a mobile manufactured home park, one mobile manufactured home may be used as
an administrative office.
(C) Mobile manufactured homes connected with a fair, carnival, or circus may be parked for the
duration of the fair, carnival, or circus, but not to exceed fifteen (15) days, provided that all
sewage and solid waste is disposed of in a manner approved by the Hertford -Gates District
Health Department.
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ARTICLE VI
SPECIFICATIONS FOR TRAVEL TRAILER/RV PARKS
SECTION 1 SITE DEVELOPMENT
(A) Every travel trailer/RV park -shall contain at least ten (10) spaces.
(B) Every space shall consist of a minimum area of two thousand (2,000) square feet.
(C) Parking spaces sufficient to accommodate at least one (1) motor vehicle and one (1) camping
vehicleshall be constructed within each space. No more than one (1) camping vehicle may
be parked on any space.
(D) All spaces developed adjacent to a public street shall be set back a minimum of thirty (30)
feet from the street right-of-way.
(E) All spaces shall be located on sites with elevations that are not susceptible to flooding. The
spaces shall be graded to prevent any water from ponding or accumulating within the park._
Each space, shall be properly graded to obtain a reasonably flat site and to provide adequate
drainage away from the space.
(1) The park shall have all weather roads that directly abut each space. All road rights -of -way
shall have a minimum width of twenty-five (25) feet. Rights -of -way for one way roads shall
have a minimum width of twelve (12) feet.
(G) No space shall have direct vehicular access to a public road.
(H) The park shall be developed with proper drainage ditches. All banks shall be sloped and
seeded
(I) Cuts -de -sac or dead end roads shall not exceed one thousand (1,000) feet in length measured
from the entrance to the center of the turnaround. Any road designed to be permanently
closed shall have a turnaround at the closed end with a minimum right-of-way diameter of
eighty (80) feet.
(J) When the park has more than one (1) direct access to a public road they shall not be less
than three hundred (300) feet apart or closer than three hundred (300) feet to a public road
intersection unless unusual site conditions demand otherwise.
(K) Each park shall have a central structure or structures that will provide separate toilet
facilities for both sexes. This structure may also contain coin operated laundry machines for
the park resident's use only, provided there is no exterior advertising. Vending machines also
may be permitted in a sheltered area.
(L) No swimming pool or bathing area shall be installed, altered, improved, or used without
compliance with applicable regulations. No bathing area shall be used without the approval
of the Hertford -Gates District Health Department.
(M) Signs for identification of parks: Signs shall conform to Article IX design standards and
regulations for signs in the Zoning Ordinance of Hertford County, North Carolina, as well as
to requirements set forth in Article V, Section 6 of this ordinance.
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SECTION 2 SANITARY FACILITIES, WATER SUPPLY, SEWERAGE,
GARBAGE COLLECTIONS AND UTILITIES
(A) Sanitary Facilities
(1) All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in
a clean and sanitary condition and kept in good repair at all times. They shall be
safely and adequately lighted. Facilities shall be easily accessible and conveniently
located. All toilet, shower, lavatory, and laundry room facilities shall be acceptable to
the Hertford -Gates District Health Department and shall be in conformity with all
Hertford County codes.
(2) All buildings shall be constructed in accordance with the building code of the county.
(B) Water supply - A safe, adequate, and conveniently located central water supply must be
provided for each park. No water supply shall be installed, altered, or used without the
approval of the Hertford -Gates District Health Department.
(C) Sewage Disposal
(1) Sewage Dumping Stations shall be approved by the Hertford -Gates District Health
Department. Each park shall provide at least one (1) sewage dumping station.
(2) No method of sewage disposal shall be installed, altered, or used without the
approval of the Hertford -Gates District Health Department. All sewage wastes from
each park, including wastes from toilets, showers, bathtubs, lavatories, wash basins,
sinks, and water using appliances not herein mentioned, shall be piped into the park's
sewerage disposal system or systems.
(D) Garbage and Refuse Disposal
(1) The park owner is responsible for refuse collection. All refuse shall be collected at
least twice weekly, or more if the need is indicated. Travel trailer/RV Parks are
considered commercial operations and therefore the park owner is responsible for
taking refuse to the county landfill and paying the prevailing tipping fee for disposal.
(2) Storage, collection, and disposal of refuse shall be so managed as not to create health
hazards, rodent harborage, insect -breeding areas, accidents, fire hazards, or air
pollution.
(3) All refuse shall be stored in conveniently located leak -proof, rodent -proof containers
with tight -fitting lids. One such can with a capacity of at least twenty (20) gallons
shall be provided for every two (2) spaces. Garbage cans shall be located no further
than one hundred (100) feet from any trailer/RV space.
(4) Racks or concrete platforms shall be provided on which to store container racks or
platforms shall be so designed as to prevent tipping and to minimize spillage.
(E) Where electrical service is used, the installation and use of such facilities shall conform with
all applicable codes. Such facilities shall be inspected by the county electrical inspector.
(F) Each park shall provide adequate recreation areas to serve the needs of the anticipated uses.
The park owner is responsible for the development and maintenance of the recreation areas.
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(G) It shall be unlawful for a person to park or store a mobile manufactured home in a
traveltrailer/RV park. However, one (1) mobile home may be allowed within a travel
trailer/RV park to be used as an office and/or residence of persons responsible for the
operation and maintenance of the travel trailer/RV park.
ARTICLE VII REGISTRATION
It shall be the duty of the operator of a mobile manufactured home and/or travel trailer/RV park
to keep an accurate register containing a record of all spaces of the park.
ARTICLE VIII INSPECTION
The Hertford -Gates District Health Department, and/or the Enforcement Officer are hereby
authorized and directed to make such inspections as are necessary to determine satisfactory - - —
compliance with this ordinance. It shall be the duty of the owners or occupants of mobile - -
manufactured home -and travel trailer/RV parks to give these agencies free access to the park premises
at reasonable times for the purpose of inspection. -_ _ - - - - -
ARTICLE IX LOSS OF OPERATING PERMIT
Any mobile manufactured home park or travel trailer/RV park that is found to be in violation of
this ordinance will cease entering into new leases.
The notice of violation shall be sent to the park operator, specifying what violations have been
found, what corrective measures must be taken, and that failure to comply with the ordinance shall
result in revocation of the operating license. Unless an inspection shows the violation to have been
corrected or to satisfactorily be in the process of completion no later than 30 days after notice of
permit violation is given, a notice of a revocation hearing shall be sent to the offending party. The
revocation hearing notice shall indicate the time and place of the hearing, that the park operator may
be represented by counsel and that the hearing shall be held before the Hertford County Board of
Commissioners. At the hearing the burden of proof- shall be on the enforcement office, who may also
be represented by counsel. Evidence shall be presented and cross examinations shall be allowed.
Accurate minutes of the hearing shall be kept. The decision of the board shall be stated in writing and
supported by a statement of its findings of facts and conclusions. In the event that the park is found to
be in violation, the permit for all spaces shall be revoked If the owner later wishes to correct the
violation he shall be required to re -submit his mobile manufactured home park plan or travel
trailer/RV park plan in compliance with this ordinance in order to get an operating permit.
IS
ARTICLE X AMENDMENTS
SECTION 1 AMENDING THE ORDINANCE
The provisions of this ordinance may from time to time be amended, supplemented, changed,
modified, or repealed by the County Commissioners.
SECTION 2 PROCEDURES
(A) The Planning and Zoning Board shall consider and make recommendations to the County
Commissioners concerning each proposed amendment.
(B) No amendment shall be adopted by the County Commissioners until after public notice and
hearing. Before taking such lawful action as it may deem advisable, the County
Commissioners shall consider the Planning Board recommendation on each proposed
amendment. If no recommendation is received from the Planning and Zoning Board within
thirty (30) days after the public hearing, the proposed amendment shall be deemed to have
been approved by the Planning and Zoning Board.
ARTICLE XI BOARD OF ADJUSTMENT
The Hertford County Board of Adjustment shall hear and decide appeals from and review any
order, requirements, decision, or determination made by an administrative official charged with the
enforcement of this ordinance. The powers, duties, and procedures of the Board of Adjustment shall
be in accordance with the provisions of North Carolina General Statutes_ 153A-345. An appeal from
the decision of the Board of Adjustment may be made to the Hertford County Superior Court.
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ARTICLE XII LEGAL PROVISIONS
SECTION I PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM
REQUIREMENTS
The provisions of this ordinance shall be held to be minimum requirements, adopted for the - -
promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this
ordinance are at variance with the requirements of any other lawfully adopted regulations the most
restrictive or that imposing the higher standards, shall govern. Upon adoption, this ordinance shall
supercede the Hertford County "Mobile Manufactured Home and Travel Trailer/RV Park Ordinance,
January, 1973."
SECTION 2 COMPLAINTS REGARDING VIOLATIONS
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file
a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the -_
Building Inspector. The inspector shall properly record such complaint, immediately investigate, and
take action thereon as provided by this ordinance.
SECTION 3 PENALTIES FOR VIOLATION (G.S. 14-4)
Violation of the provisions of this ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of -variance)
shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply .with-any.of -
its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned -for no -- —
more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing
herein contained shall prevent the County of Hertford from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 4 SEPARABILITY CLAUSE
Should any section or provision of this ordinance be declared by the courts to be unconstitutional
or invalid, such decisions shall not affect the validity of the ordinance as a whole, or any part thereof --
other
than the part so declared to be unconstitutional or invalid.
SECTION 5 EFFECTIVE DATE
This ordinance originally adopted April 18, 1983 shall take effect and be in force as amended from
and after its passage by the Hertford County Board of Commissioners this the 17th day of May, 1993.
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