Township of Independence, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Independence as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-1962 (Ch. 144, Art. I of the 1984 Code)]

§ 361-1 Definitions.

The words hereinafter defined shall each have the meaning hereinafter indicated for the purpose of this article, as follows:
PERSON
An individual, firm, partnership, corporation or association of persons.
TRAILER, TRAILER COACH, CAMP TRAILER, CAMP CAR or HOUSE TRAILER
Any vehicle or unit, including self-propelled and non-self-propelled vehicles, used or intended for conveyance upon the public streets or highways, so designed or constructed as to permit occupancy of the vehicle or unit by one or more persons as a dwelling, business place or sleeping place or for other occupancy or use, equipped with wheels or similar devices and capable of being transported from place to place either under its own power or by attachment to a motor vehicle or through other means of transportation.

§ 361-2 Trailers restricted.

[Amended 4-9-1968[1]]
Hereafter, it shall be unlawful for any person, firm or corporation to place, keep, park or maintain any trailer, trailer coach, camp trailer, camp car or house trailer upon any lot, place or parcel of ground within the limits of the Township of Independence except in a duly licensed trailer park in said Township, and one trailer shall be permitted to a home site and is not to exceed 30 feet in length and not to be connected to any utilities or any other building. Said trailer is not to be used for living purposes, either temporarily or permanently, and is to be parked in as inconspicuous a manner as possible. The placement of said trailer shall comply with the provisions of the Building Code, that is, shall be set back 65 feet from the center of the road and 30 feet from property lines unless compliance is precluded by existing lot size. Trailers shall be permitted for residential use for permanent and/or seasonal farm employees as set forth in § 255-98B(8)(a).[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Currently, building construction is regulated under the State Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.

§ 361-3 Annual tax.

Any individual trailer now existing and on location in said Township shall hereafter be subject to taxation annually at its true value by the Assessor of the taxing district in said Township in accordance with the law in such case made and provided.

§ 361-4 Replacement trailers.

[Amended 8-10-1981; 12-10-1984 by Ord. No. 84-11]
Any individual trailer now being used, occupied and on location in said Township of Independence other than in a duly licensed trailer park in said Township may be replaced by the owner of said trailer with a replacement trailer; provided, however, that the replacement trailer does not exceed the dimensions of the trailer being replaced. No replacement as aforesaid shall take place absent review and inspection by the Construction Official of the Township of Independence to ensure compliance with this section.

§ 361-5 Sale of trailer.

In the event a trailer is sold, the new owner may occupy said trailer, provided that it remains located on the present site.

§ 361-6 Compliance with regulations.

All trailers under this article shall at all times comply with all proper police, health and fire regulations imposed by the Township Committee, Board of Health and such state regulations, if any, as may be required.

§ 361-7 Hardship variances.

The provisions contained in this article shall be considered in the best interest and for the protection of the public health, safety and general welfare of the citizens and residents of the Township of Independence; however, if it can be clearly demonstrated that because of exceptional circumstances or of such circumstances as will exact and work an undue hardship, the Township Committee may permit such variance or variances as may be reasonable and within the general purpose and intent of the provisions of said chapter.

§ 361-8 Violations and penalties.

[Amended 12-10-1984 by Ord. No. 84-11]
Any person who violates any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not exceeding 90 days, or both.
[Adopted 8-10-1987 by Ord. No. 87-14 (Ch. 144, Art. II of the 1984 Code)]

§ 361-9 Authorized temporary uses.

Temporary trailer permits may be issued by the Construction Official for temporary use of a mobile home or trailer within the Township of Independence for any one of the following purposes:
A. 
Emergency residential use: use for residential purposes by any Township resident whose regular residence within the Township has been so destroyed or damaged by fire or other catastrophe as to be unsuitable for dwelling purposes but is being rebuilt or repaired to restore it to habitable condition; provided, however, that no temporary housing permit shall be issued for this purpose for a period exceeding six months. This period may be extended, however, for an additional period not to exceed six months by the Construction Official upon a showing of good cause and upon a showing that the resident is unable to complete the rebuilding or the repairs within the first six-month period and a showing of exceptional circumstances.
B. 
Construction site office use: use only on the site of new construction and only for office purposes in connection with construction, provided that the trailer shall in no way be used for residential purposes and that the permit shall be only for the period of time of the construction on said site.

§ 361-10 Inspection required.

No temporary housing certificate shall be issued by the Construction Official unless the mobile home or other trailer has first been duly inspected by the Construction Official or his designee and found to be fit for habitation for dwelling purposes or fit for its office use, including an adequate supply of free, potable running water for drinking purposes and washing and adequate toilet facilities with sanitary disposal methods and, for residential usage only, bathing facilities.

§ 361-11 Permit limited, removal upon expiration.

A. 
Each temporary housing permit shall be for only one mobile home unit or trailer, and no more than one temporary housing permit shall be issued for each parcel of land.
B. 
Each temporary housing permit shall be valid only for so long as the particular use permits, and upon the expiration thereof, the trailer shall be removed from the premises forthwith.

§ 361-12 Occupancy restrictions.

Occupancy under a temporary permit shall be strictly limited as follows:
A. 
Issuance of temporary permits for emergency residential use shall be limited to the person or persons who actually occupied said residence prior to the catastrophe and has or have actual legal title to the premises or to a lessee of the premises who actually occupied said premises prior to the catastrophe and is a lessee under a written lease with a term of at least one year; provided, however that said written lease was executed prior to the catastrophe and there remains a balance of leasehold term of at least six months next following the date of application for a temporary permit. Nothing contained herein shall be construed to prohibit the permit holder from entertaining guests in the mobile home or trailer during the legal occupancy thereof; provided, however, that no person may remain overnight in said trailer excepting the permit holder and those members of the permit holder's family who regularly occupied the residence prior to the destruction or damage.
B. 
Temporary permits for construction site office use shall be limited to the actual contractor; provided, however, that nothing contained herein shall be construed to prevent subcontractors, workmen, salesmen, suppliers and others from use of said trailer for construction business purposes.
[Amended 5-10-1988 by Ord. No. 88-15][1]
[1]
Editor's Note: Former § 144-13, Fee, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 361-13 Denial or suspension; hearing.

Temporary housing permits permitted by this article may be denied or suspended by the Township Committee or its representative for failure to comply with this article or any pertinent state law or regulation. The Township Committee shall afford the person whose temporary housing permit has been denied or suspended an opportunity to be heard in public hearing.

§ 361-14 Required utilities.

Every temporary permit holder shall supply to every trailer, as a minimum, the following utilities:
A. 
An adequate supply of potable water of satisfactory quality under adequate pressure.
B. 
An adequate, safe and sanitary method of sewage disposal.
C. 
An adequate, safe and sanitary method of garbage and trash disposal.
D. 
An adequate electric service for efficient illumination and safe operation of appliances and equipment.

§ 361-15 General requirements.

Every mobile home or trailer for which a temporary permit has been issued shall be of safe and sound construction, and all plumbing, electrical and sewage disposal systems shall be subject to and conform to all ordinances of the Township.

§ 361-16 Right of entry.

Every mobile home or trailer for which a temporary permit has been issued shall, at all times, be subject to examination and inspection within reasonable hours by any member of the Township Committee and/or by any officer or agent of the Township making the inspection in the regular course of his or her duties and responsibilities.

§ 361-17 Nontransferability. [1]

No permit issued pursuant to this article shall be transferable to any other person.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).