[HISTORY: Adopted by the Township Committee
of the Township of Hainesport 7-13-1976 by Ord. No. 1976-5 as Ch. 96 of the 1976
Code. Amendments noted where applicable.]
Whenever used in this chapter, unless a different
meaning appears from the context, the following words shall have the
meanings indicated:
Any vehicle or movable or mobile structure designed or constructed
in such a manner as will permit occupancy thereof as sleeping quarters
for one or more persons (including those mobile sleeping units commonly
known as "campers"); or any vehicle used or entitled to be used as
a conveyance upon the public streets or highways and duly licensed
as such, whether self-propelled or not, or any movable or portable
dwelling built on a chassis designed and located without a permanent
foundation which has a flush toilet, bath or shower and kitchen sink
and whether propelled by its own or other motive power; or any other
vehicle or movable or mobile structure which is so designed, constructed
or reconstructed or added to by means of accessories in such manner
as to permit the occupancy thereof as a dwelling or sleeping place
for one or more persons and having no foundation other than wheels,
jacks or blocks; provided, however, that nothing in this definition
or chapter shall be deemed to prohibit the parking of unoccupied campers
on the property of the owner solely for storage of the camper. The
term "camper" shall include recreation vehicles commonly known not
only as "campers" but also as "motor homes" or "travel trailers,"
but shall not include mobile homes designed for permanent living.
Any site or tract of land occupied or used by one or more
mobile homes, or available for such occupancy or use, with or without
charge, and shall include any building, structure, tent, camper, cottage
or enclosure used or intended for use as part of or in connection
with such mobile home park. Any license issued under this chapter
shall license only the use of the spaces depicted on the plans submitted
with the license and for which the fee has been paid and shall not
be deemed to license other areas of the park for occupancy by mobile
homes, but only for recreation or a like accessory use.
A plot of ground in a mobile home park, constituting an area
designated as the location for one mobile home. Measurements of a
mobile home space shall be made by using the plot width, which shall
be the perpendicular distance between the side plot line and the plot
depth, which shall be the actual distance along either side of the
plot line and which need not be perpendicular to the street.
Natural persons or any corporation, partnership or other
entity.
It shall be unlawful for any person, firm or
corporation to park any mobile home on any street or public place
in the Township of Hainesport or on any premises, public or private,
other than at mobile home parks duly licensed under this chapter,
except for the purposes of repair or purchase of supplies. A mobile
home so parked for the purpose of repair shall be only so parked when
such parking is on the land of the owner and authorized by special
permit from the Township Committee and only for sufficient time to
render it mobile, or when parked at a licensed mobile home park or
interior of a garage. A mobile home shall not be used at any time
by any person as a dwelling or sleeping place, unless such mobile
home is, when so used, situate in a mobile home park licensed under
this chapter.
A.Â
It shall be unlawful for any person to establish,
operate or maintain or permit to be established, operated or maintained
upon any property owned or controlled by him a mobile home park within
the limits of the Township of Hainesport without having first secured
a license therefor, granted and existing in compliance with the terms
of this chapter. Such license shall expire on December 31 in the year
of issuance but may be renewed under the provisions of this chapter
for additional periods of one year.
B.Â
The application for such license shall be filed with
the Zoning Officer, in triplicate, and accompanied by all requisite
fees. The application for a license shall be made on printed forms
furnished by the Zoning Officer and shall include the name and address
of the owner in fee simple of the tract. (If the fee is vested in
some person other than the applicant, a duly verified statement by
that person that the applicant is authorized by him to construct or
maintain the mobile home park and make the application shall accompany
the application.) The application shall also contain such a legal
description of the premises upon which the mobile home park is or
will be located as will readily identify and definitely locate the
premises. The application shall be accompanied by three copies of
the mobile home park plan showing the following, either existing or
as proposed:
[Amended 4-22-1980 by Ord. No. 1980-3A]
(1)Â
Total acreage and area dimensions, in feet.
(2)Â
Location and width of all roadways, driveways and
walkways.
(3)Â
The extent and area used for mobile home park purposes,
depicting therein the precise location of each mobile home space with
identifying lot numbers.
(4)Â
Location and number of sanitary conveniences, including
toilets, washrooms, laundries, utility rooms to be used by occupants
in mobile homes and recreational areas and buildings.
(5)Â
Method and plan of sewage disposal.
(6)Â
Method and plan of garbage removal.
(7)Â
Plan for water supply.
(8)Â
Plan for electrical lighting of mobile home units
and the park, including roadways and driveways.
C.Â
Before such license shall be issued, the Zoning Officer
shall check the application, plat and site and ascertain that the
requisite approvals of the sewage disposal and water supply systems
have been obtained from the Board of Health and that the application,
plat, fee and other material submitted complies with the requirements
of this chapter and other applicable ordinances of the Township. The
Zoning Officer shall thereupon present the application, together with
his written report and recommendations and the written report of the
Board of Health, to the Township Committee at the regular meeting
thereof occurring not later than three weeks after submission of the
application to him. The applicant shall be notified of the time and
place of the meeting, and at the meeting, the governing body shall
thereupon take action thereon and either issue the license or issue
the license on conditions related to this chapter or deny the license;
and in the event that it is denied, the governing body shall set forth
its reasons therefor and promptly serve the applicant with a copy
of the resolution denying the license.
[Amended 4-22-1980 by Ord. No. 1980-3A; 12-8-2020 by Ord. No.
2020-8]
D.Â
As a condition for the issuance of any license or renewal license
required by the Township of Hainesport under this chapter, the applicant
or mobile home park owner is required to pay any delinquent property
taxes or assessments on the property that is the subject of the license
or on which a licensed activity or business will be conducted. The
license may be revoked or suspended when any licensee, who is an owner
of the property upon which the licensed business or activity is conducted,
has failed to pay the taxes due on the property for at least three
consecutive quarters. Upon payment of the delinquent taxes or assessment,
the license or permit shall be restored.
[Amended 12-8-2020 by Ord. No. 2020-8]
E.Â
As a condition for the issuance of any license or
renewal license required by the Township of Hainesport under this
chapter, the applicant or mobile home park owner is required to pay
any delinquent property taxes or assessments on the property that
is the subject of the license or on which a licensed activity or business
is or will be conducted. The license may be revoked or suspended when
any licensee, who is an owner of the property upon which the licensed
business or activity is conducted, has failed to pay the taxes due
on the property for at least three consecutive quarters. Upon payment
of the delinquent taxes or assessment, the license or permit shall
be restored.
[Added 1-27-1998 by Ord. No. 1998-1-1; amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.Â
Existing licenses. The holder of a valid, existing
mobile home park license upon the effective date of this chapter may
obtain a mobile home park license, but only by following the procedure
set forth above for application and issuance of a license, specifically
including submission of all information required above.
B.Â
Renewal. Application for renewals of new licenses
or subsequent renewals of any license issued pursuant to this chapter
shall set forth the name and address of the applicant, the number
of his then-existing license and a certification that no changes have
occurred in the information contained in his initial application and
supporting material. If any changes have occurred, the application
shall specify such changes, and the provisions of the application
shall follow the procedure specified above for the issuance of initial
licenses as though it were accompanied by the balance of the information
and shall be accompanied with the renewal fee and filed with the Zoning
Officer not later than December 15 in the year in which the existing
license expires.
[Amended 4-22-1980 by Ord. No. 1980-3A]
[Amended 4-22-1980 by Ord. No. 1980-3A]
A mobile home park license may be transferred
from person to person, but not from place to place. The written application
shall be filed with the Zoning Officer, accompanied by a transfer
fee in the amount of $25 and processed in the manner and accompanied
by the information required for renewals, including the number of
the existing license, the name of the licensee and the name and address
of the person to whom the license is to be transferred. Such transfer
shall be authorized only by the Township Committee, as provided for
new applications or renewals.
[Amended 4-22-1980 by Ord. No. 1980-3A; 5-12-1987 by Ord. No. 1987-4-4]
Annual fees for a mobile home park license shall
be paid to the Township at the time application is made and shall
be prorated. Such fees are imposed for revenue. The annual fee for
a mobile home park license shall be $150 for each mobile home park
space depicted on the plan submitted with the application. No additional
spaces other than those depicted on the plan and paid for may be licensed
or used during the license year.
No more licenses shall be issued than the number
issued and outstanding at the time of the adoption of this chapter.
All licenses shall expire December 31 in the
year of issuance. If not renewed promptly, as provided in this chapter,
the licensee shall cease operation at the expiration of the license
but may, within a period of one month following such expiration, renew
the license by following the procedures for renewal set out in this
chapter and by paying an additional renewal fee, in addition to the
fee prescribed, of $0.25 per day per space for each day that has elapsed
since the expiration of the license to the time of renewal.
It shall be unlawful for the owner of a mobile
home park or of a mobile home or any other person to remove or cause
to be removed or permit the removal of the wheels of a mobile home,
or to otherwise permanently fix the mobile home to the ground in a
manner that would prevent its ready removal.
Every mobile home park shall comply with all
provisions of any state statute or regulation or local ordinance or
regulation pertaining to mobile home parks.
Upon 10 days' written notice and after a public
hearing, any mobile home park license may be suspended or revoked
by the Township Committee for violation of the provisions of any portion
of this chapter.
A.Â
Every mobile home park shall be laid out, maintained
and arranged to provide unoccupied space of not less than 10 feet
by 10 feet for each mobile home parked upon the space and within the
limits of the space, and said unoccupied area shall be in addition
to the space directly underneath any portion of the mobile home. Said
mobile home and the spaces therefor shall be arranged in rows abutting
or facing on a driveway or clear unoccupied space of not less than
10 feet in width, on which no parking is permitted, leaving and providing
unobstructed access to a public street or alleyway connected to a
public street.
C.Â
Every mobile home park shall be provided with the
means of lighting the same at night, and all public water closets
and bath units shall be provided with sufficient lighting facilities
which shall be kept lighted from 1/2 hour after sunset until 1/2
hour before sunrise.
E.Â
Every mobile park hereafter established shall be located
on a well-drained area, and the premises of every such mobile park
and any existing mobile park shall be properly graded so as to prevent
the accumulation of stormwater or casual water.
[Amended 12-8-2020 by Ord. No. 2020-8]
F.Â
An adequate supply of pure water for drinking and
domestic purposes shall be supplied to meet the requirements of the
mobile park. Such water supply shall be obtained from faucets only,
conveniently located in said mobile park, and no dipping vessels or
common cups shall be permitted.
[Amended 12-8-2020 by Ord. No. 2020-8]
G.Â
There shall be provided in every such mobile park
an adequate number of garbage receptacles with close-fitting metal
covers for refuse, ashes and rubbish, as may be deemed necessary by
the Board of Health or its representative, and such garbage receptacles
shall at all times be maintained in a clean and sanitary condition.
[Amended 12-8-2020 by Ord. No. 2020-8]
H.Â
It shall be unlawful to permit any wastewater or material
from sinks, baths, showers or other plumbing fixtures in any such
mobile park or in any tourist, trailer or mobile park car to be deposited
upon the surface of the ground, and all such fixtures when in use
shall be connected with the mobile park disposal systems; or, in the
alternative, the drainage therefrom shall be disposed of in a manner
satisfactory to the Board of Health.
[Amended 12-8-2020 by Ord. No. 2020-8]
I.Â
All toilets, baths, showers, sinks and other fixtures
and appurtenances shall be maintained and kept in a clean and sanitary
condition and in a good state of repair.
J.Â
The mobile home park shall, at all times, comply with
all police and fire regulations and health regulations of the Township.
K.Â
Each licensee shall maintain a permanent mobile park
register, setting forth the state registration number of each trailer,
the date of arrival, whether still at the mobile park and, if not,
the date of departure and the name and last known address of the owner
of each trailer and automobile and of each occupant thereof. This
information shall be reported, in writing, to the Township Committee
and Tax Assessor at the first regular Township meeting in January
of each year, and changes in occupancy shall be reported at the first
regular Township meeting of each month.
[Amended 12-8-2020 by Ord. No. 2020-8]
[Amended 4-22-1980 by Ord. No. 1980-3A]
The Zoning Officer of the Township of Hainesport
be and the same is hereby designated as the officer to exercise the
powers prescribed by the within chapter, and he shall serve in such
capacity without any additional salary.
A.Â
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a penalty as specified in § 1-1 of the Township Code.
[Amended 5-23-2006 by Ord. No. 2006-5-4; 12-8-2020 by Ord. No. 2020-8]
B.Â
Where a fine in excess of $1,250 is sought to be imposed
for a housing violation or for a zoning violation, the applicable
owner and/or operator shall be provided a thirty-day period in which
the owner and/or operator has an opportunity to cure or abate the
condition prior to the scheduling of a hearing in municipal court.
In the event that the objectionable activity or condition is not resolved
to the satisfaction of the Township following said thirty-day period,
then the owner/operator shall have an opportunity for a hearing before
the municipal court. After the thirty-day period, the higher fine
may be imposed if the municipal court has not determined that the
abatement has been substantially completed.
[Added 5-23-2006 by Ord. No. 2006-5-4]
This chapter shall take effect upon its final
passage and publication according to law. However, existing mobile
home parks now lawfully licensed shall have 90 days from the date
of final adoption and publication of notice thereof within which to
submit plans and applications and comply with the provisions of this
chapter. The fees herein provided for shall be prorated, in such case,
from the time such plans are approved.