§ 1404. Mobile home park.

The purpose of these regulations [this section] is to regulate and guide the establishment of mobile home parks in order to promote the public health, safety and general welfare of the citizens of Halifax County, North Carolina. The boards may consider the proximity to schools, churches, hospitals and other mobile home parks. These regulations are designed to accomplish the following specific objectives:

a.

To further the orderly layout of mobile home parks;

b.

To secure safety from fire, panic, and other dangers;

c.

To provide adequate light and air;

d.

To insure that facilities for transportation, parking, water, and sewerage, and recreation are provided for mobile home park residents.

These regulations shall govern the establishment of each and every new mobile home park and the alteration or expansion of existing mobile home parks lying within the jurisdiction of Halifax County and within the jurisdiction of any municipality whose governing body by resolution agrees to such regulation.

(Ord. of 2-6-95(2), § 1)

1404.01 Procedure for securing approval of mobile home parks.

a.

Approval required: No mobile home park within the jurisdiction of Halifax County shall be established, altered or expanded until a construction permit has been issued by the enforcement officer authorizing such construction.

b.

Mobile home park construction permit:

1.

Mobile home parks shall be treated as conditional uses and shall follow the general procedures for conditional use permits as specified in article VII as well as the specific procedures herein.

2.

The park plan shall be drawn to a scale of 100 feet to one inch or larger and shall include the following:

a)

The name of the park, the names and addresses of the owner or owners, and the designer or surveyor.

b)

Date, scale, and approximate north arrow.

c)

Boundaries of the tract shown with bearings and distances.

d)

Site plan showing streets, driveways, recreation areas, parking spaces, service buildings, water courses, easements, mobile home spaces, and all structures to be located on the park site.

e)

Vicinity map showing the location of the park and the surrounding land usage.

f)

Names of adjoining property owners.

g)

The proposed utility system for gas, surface water drainage, street lights, electrical power, water supply, and solid waste and sewage disposal facilities.

h)

Certification of approval of water supply system plans by the sanitary engineering division of the North Carolina state board of health, in case of systems to serve 25 people or more and/or 15 or more mobile homes. If three or more but less than 15 mobile homes are served, certification of the approval of the water supply system plans by the Halifax County health department.

i)

Certification of approval of sewage collection systems and treatment facilities plans by the North Carolina department of water and air resources. If individual septic tank systems are used or are proposed to be used, certification of the acceptability of the site for use of septic tank systems by the Halifax County health department.

j)

The collection and disposal of solid waste shall be approved by the Halifax County solid waste department, and the collection container shall be approved by the Halifax County solid waste department.

k)

Land contours with vertical intervals of not less than two feet for all mobile home parks with 25 mobile home spaces or more.

l)

The applicant shall provide six copies of the park plan whose size is a minimum of 18" x 24" and no larger than 24" x 36" in size.

m)

One park plan whose size has been reduced to 11" x 17" shall also be provided.

c.

Review of the proposed park plan: The enforcement officer shall transmit the proposed park plan to the secretary of the planning board for review at its next meeting.

1.

The Halifax County planning board shall review the following to determine if the proposed park plan is in accordance with the design standards set forth in this ordinance:

a)

Title information.

b)

Location map.

c)

Recreation areas.

d)

Street and lot design.

e)

Surface water drainage.

f)

Street lighting system.

g)

Other features of the park.

It is recommended that the park developer, or his agent, be present to answer questions concerning the proposed park plan.

2.

If the proposed park plan complies with standards set forth in 1404.02, the park plan shall be approved.

3.

If the planning board and/or the board of adjustment should disapprove of the proposed park plan, the reasons for such action and recommended changes shall be mailed to the park developer or his agent.

4.

After the planning board has approved the proposed park plan, one approved copy shall be sent to the enforcement officer and one approved copy shall be given to the developer or his agent. The developer or his agent shall then seek approval of the proposed park plan from the county health department and the county electrical inspector.

5.

The planning board may require that the street layout of the proposed park plan be approved by the district highway department.

6.

The county health department shall review the proposed park plan as approved by the county planning board. This department shall be responsible for the review of the following, to determine if the plan is in accordance with the minimum health standards and regulations:

a)

Source of water and water distribution system.

b)

Sanitary sewerage system.

c)

Adequate lot size, if septic tanks are to be used.

d)

Adequate facilities for solid waste storage, collection, and disposal.

7.

The county electrical inspector shall review the proposed park plan to determine if the proposed electrical system is adequate to serve the proposed park and complies with electrical codes adopted by Halifax County.

8.

Each agency shall review the plan within a reasonable time. Should any agency find deficiencies in the proposed park plan, the developer or his agent shall be notified by the agency to correct such deficiencies in the plan. Each agency shall notify the enforcement officer after reviewing the proposed park plan and shall give him a written statement of approval or disapproval. If disapproval, then the reasons therefor shall be stated.

d.

Issuance of construction permit and operating permit:

1.

After receiving approval of the park plan by the board of adjustment, the county health department, and the county electrical inspector, the enforcement officer is authorized to issue a construction permit. The intent of this permit is to enable the execution of the park plan in the field and shall not be construed to entitle the recipient to offer spaces for rent or lease, or to operate a mobile home park as defined in this ordinance.

2.

If the construction of the park has not begun within six months from issue date of the construction permit, the planning board may grant an extension of the construction permit if the developer appears before the planning board and shows cause.

3.

When the developer has completed the construction of the mobile home park, he shall apply to the enforcement officer for an operating permit. The enforcement officer, the electrical inspector, and a representative of the county health department shall make an onsite inspection of the park.

a)

If the plan conforms to the park plan approved by the planning board and other agencies, the enforcement officer shall issue the developer an operating permit.

b)

If the construction does not conform with the approved plan, the enforcement officer shall delay issuance of the operating permit until it comes into conformity.

4.

In no case shall the operating permit be issued for more than the minimum number of spaces required by this ordinance.

5.

The operating permit issued to the developer shall constitute authority to lease or rent spaces in the mobile home park.

6.

When a mobile home park is to be developed in stages, the proposed park plan may be submitted for the entire development, and application for an operating license may be made for each stage developed.

(Ord. of 6-7-82; Ord. of 2-6-95(3), § 1; Ord. of 2-6-95(4), § 1; Ord. of 2-6-95(5), § 1; Ord. of 2-6-95(6), § 1; Ord. of 2-6-95(7), § 1; Ord. of 2-6-95(8), § 1)

1404.02 Design standards. The following standards shall be considered the minimum requirements for all new mobile home parks.

a.

General requirements:

1.

Mobile homes shall not be sold within a mobile home park, except that an individual mobile home owner shall be allowed to sell the mobile home in which he resides, and except as set out in paragraph 8. below.

2.

The transfer of title of a mobile home space or spaces either by sale or by any other manner shall be prohibited within a mobile home park as long as the mobile home park is in operation. This does not prohibit the sale of the entire park operation from one owner to another owner.

3.

No living compartment or structure other than a "Florida Room," or other prefabricated structure specifically designed for mobile home use or extension shall be added to any mobile home parked within the jurisdiction of this ordinance.

4.

Mobile home park identification signs shall not exceed 50 square feet in area. Only indirect, nonflashing lighting shall be used for illumination.

5.

If required by the planning board and/or the board of adjustment, the owner of the proposed park shall provide a buffer strip between a mobile home park and the adjoining property.

6.

Within a mobile home park, one mobile home may be used as an administrative office.

7.

Convenience establishments of a commercial nature shall be limited to food stores, coin-operated laundries, beauty parlors, and barber shops. These may be permitted in mobile home parks subject to the following restrictions:

a)

Such establishments shall be subordinate to the residential use and character of the park;

b)

Such establishments shall present no visible evidence of their commercial character from any portion of any residential district outside the park; and

c)

Such establishments shall be designed to serve the trade and service needs of the park residents only.

8.

The owner or operator of a mobile home park shall not sell mobile homes on or within a mobile home park unless the mobile home unit for sale shall be placed individually and separately upon an existing mobile home space where all design standards and utilities have been completed as specified by this ordinance, and unless said mobile home is being occupied as a residence.

b.

Streets and parking:

1.

Each mobile home space shall be served with a minimum width easement of 30 feet.

2.

The minimum graded travelway width shall be 20 feet.

3.

Adequate drainage must be provided. The minimum pipe size permitted shall be 15 inches inside diameter. Drainage shall be sized to accommodate adequate flow of water.

4.

The area of right-of-way provided for travel shall either be stoned or paved. In the event that a stone surface is applied, it shall be "crusher run" or pit gravel compacted to a minimum of three inches. In locations where soil conditions require additional stone to obtain a stable road bed, the developer shall add the required amount of stone before obtaining final approval. In order for the developer to retain the conditional use permit, the park owner shall maintain the roads and streets in a smooth and stable condition year around.

5.

Two automobile parking spaces shall be provided adjacent to each mobile home space and shall not be located within any public right-of-way or within any street in the park.

6.

Shoulders and ditches shall be stabilized in accordance with an approved sedimentation and erosion control plan.

7.

A sign with the street name shall be placed where the private road joins the public right-of-way.

8.

A 30-foot radius turn-around shall be provided at the end of all private deadend roads.

9.

Minimum lot width at the right-of-way property line in the cul-de-sac shall be 35 feet measured as the cord from the front corner to front corner. The cul-de-sac radius shall not exceed the right-of-way width of the street.

c.

Mobile home space:

1.

All mobile homes shall be located on individual mobile home spaces, which have a minimum width of 75 feet. Spaces served by municipal water and sewer systems shall be at least 5,000 square feet of ground area. Spaces served by either municipal or a community sewer system but not served by a municipal or a community water system shall be at least 10,000 square feet of ground area. Spaces served by a municipal or a community water system but not served by a municipal or a community sewer system shall be at least 15,000 square feet of ground area per mobile home unit and shall be served by a septic tank which has a capacity of not less than 1,000 gallons and no more than one mobile home shall be served by such septic tank. Mobile home spaces served neither by a municipal or community water system nor a municipal or community sewer system shall be at least 20,000 square feet of ground area per mobile home unit. Anything herein to the contrary notwithstanding, all mobile home spaces serving doublewide or multiple-unit mobile homes shall have at least 15,000 square feet of ground area per mobile home unit. Mobile home spaces serving doublewide or multiple-unit mobile homes not served by municipal or community sewer systems shall be provided with a septic tank with not less than 1,000 gallon capacity and will serve only one doublewide or multiple-unit mobile home. Additional ground area may be required by the Halifax County health department for any mobile home spaces not served by a municipal or community water supply and a municipal or community sewer system if found necessary in order to facilitate installation of a safe and adequate water supply and sewage disposal facilities.

2.

Each mobile home space shall be clearly defined by means of concrete or iron pipe markers placed at all corners.

3.

Each mobile home space shall be located on ground not susceptible to flooding and graded so as to prevent any water from ponding or accumulating on the premises.

4.

Each mobile home shall be located at least 20 feet from any other mobile home, at least 20 feet from any building within the mobile home park, at least 20 feet from any property line, and at least 25 feet from the edge of the right-of-way of any street.

5.

Each mobile home park shall provide 400 square feet of recreation area for each mobile home space that is less than 10,000 square feet in area. However, no recreation area shall be less than 2,500 square feet.

6.

Each mobile home unit within a mobile home park shall be secured by adequate anchors and tiedowns, such as cast-in-place concrete "dead men" eyelets imbedded in concrete foundations or runways, screen augers, arrowhead anchors, or other devices securing the stability of the mobile home. Each mobile home unit shall comply with the above standards or with standards specified by the State of North Carolina, whichever are the higher standards. Each mobile home owner shall be responsible for securing his individual mobile home to anchors. It shall be the responsibility of the mobile home park owner or operator to enforce compliance with this paragraph.

7.

All mobile homes shall be underpinned before the certificate of occupancy is written by the Halifax County Electrical Inspector. The material for the underpinning shall be of an approved manufactured vinyl.

d.

Utility requirements:

1.

An accessible, adequate, safe, and palatable supply of water shall be provided in each mobile home park. Where a municipal water supply is available, connection shall be made thereto and its supply used exclusively. When a municipal water supply is not available and the park contains ten or more mobile home spaces, a community water supply shall be developed, and its supply used exclusively in accordance with the standards of the sanitary engineering division of the North Carolina state commission for health services. In mobile home parks with less than ten mobile home spaces the supply of water shall comply with the Halifax County water supply regulations.

2.

a)
Adequate and safe sewage disposal facilities shall be provided in all mobile home parks. Collection systems and sewage treatment plants complying with the requirements of the North Carolina department of environmental, health, and natural resources should be provided. Plans for sewage collection systems and treatment facilities shall be submitted to the North Carolina department of environment, health, and natural resources. Individual septic tank systems can be considered if soil, topography, and groundwater conditions are favorable. All septic tank sewage disposal systems shall be constructed in accordance with standards set forth in "the Laws and rules for sewage treatment and disposal systems of NCAC .1900."

b)
Each mobile home space shall be provided with at least a four-inch diameter sewer riser pipe where collection systems are provided. The sewer riser pipe shall be so located on each space that the sewer connection to the mobile home drain outlet will approximate a vertical position.

c)
A two feet by two feet concrete apron shall be installed around all sewer connection riser pipes for support and protection. The sewer connection shall be located a distance of at least 100 feet from the water supply.

d)
The sewer connection shall have a nominal inside diameter of at least four inches, and the slope of any portion thereof shall be at least one-fourth-inch per foot. The sewer connection shall consist of one pipeline only without any branch fittings. All joints shall be watertight including connection from trailer to sewer riser pipe.

e)
All material used for sewer connections shall be semirigid, corrosion resistant, nonabsorbent, and durable. The inner surface shall be smooth.

f)
Provision shall be made for plugging the sewer pipe when a mobile home does not occupy a space. Surface drainage shall be diverted away from the rise. The rim of the riser pipe shall extend at least four inches above ground elevation.

3.

a)
The storage, collection, and disposal of solid waste in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or pollution.

b)
All solid waste containing garbage shall be stored in standard flytight, watertight, rodentproof containers, with a capacity not more than 32 gallons which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all solid waste containing garbage. The mobile home park management shall be responsible for the proper storage, collection, and disposal of solid waste.

c)
Containers shall be situated so as to prevent said containers from being tipped, in order that spillage and container deterioration may be minimized, and in order to facilitate cleaning around said containers.

d)
All solid waste containing garbage shall be collected at least two times weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All solid waste containing garbage shall be collected and transported in covered vehicles or covered containers.

e)
Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the solid waste by transporting to a collection or disposal site approved by the Halifax County Solid Waste Director.

4.

a)
Grounds, buildings, and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the county health director.

b)
Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes, and other pests.

c)
Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe, and other building material shall be stored at least one foot above the ground.

d)
Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.

e)
The growth of brush, weeds, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

5.

All streets in the mobile home park shall be adequately illuminated from sunset until sunrise. The minimum size streetlight shall be a 175-watt mercury-vapor (approximately 7,000 lumen class), or such other light as will furnish an equivalent amount of candlepower, spaced at intervals of not more than 300 feet.

e.

Registration of occupants: Every mobile home park owner or operator shall maintain an accurate register containing a record of all occupants and owners of mobile homes in the park. The register shall be available for inspection at all times by authorized county representatives. The register shall contain the following information:

1.

Name of owner or occupant.

2.

Mobile home space number.

3.

Make, model and registration number of mobile home.

4.

Date when occupancy within the mobile home park begins and date when occupancy within the mobile home park ceases.

f.

Inspection:

1.

The Halifax County health department, the Halifax County electrical inspector, 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 home parks to give these agencies free access to such premises at reasonable times for the purpose of inspection.

2.

The person to whom an operating permit for a mobile home park is issued shall operate the park in compliance with this ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

3.

The park owner or operator shall notify park occupants of all applicable provisions of this ordinance and inform them of their duties and responsibilities under this ordinance.

(Ord. of 6-7-82; Ord. of 2-6-95(9), § 1; Ord. of 2-6-95(10), § 1; Ord. of 2-6-95(11), § 1; Ord. of 2-6-95(12), § 1; Ord. of 2-6-95(13), § 1; Ord. of 2-6-95(14), § 1; Ord. of 2-6-95(15), § 1)

1404.03 Administration.

a.

Existing mobile home parks: Mobile home parks existing at the time of the adoption of this ordinance shall not be allowed to expand or increase in any manner unless such expansion meets fully the requirements set forth in this ordinance.

b.

Variances:

1.

Where strict adherence to the provisions of this ordinance would cause an unnecessary hardship because of topographical or other conditions peculiar to the site, the Halifax County planning board may authorize a variance.

When granting an appeal for a variance of the requirements of this ordinance, the planning board shall find:

a)

That the issuance of such variance can be made without destroying the intent of the ordinance.

b)

That any unnecessary hardship or other condition is not the result of any actions of the one requesting such variance.

c)

That the issuance of such variance shall in no way supersede or violate any county ordinance or state law as they shall relate to the regulation of sewage disposal, water supply systems, solid waste storage, collection and disposal or any requirement of any building or electrical code which shall be in force by virtue of adoption by the County of Halifax.

2.

When granting such variance, the Halifax County planning board shall attach thereto such conditions regarding the location, operation, appearance, or other features of any proposed or existing mobile home park or any proposed or existing convenience establishment of a commercial nature which shall be permitted, as it deems advisable to protect the property values and residential environment of any adjoining property or properties.

3.

Any variance authorized by the Halifax County planning board shall be duly recorded in the minutes of such board meeting, and the reasoning which justified such variance shall be shown in full, and such shall be considered to be a matter of public record.