As used in this chapter, the following terms
shall have the meanings indicated:
MOBILE HOME
Any unit, whether licensed or not, used for living, sleeping
or business purposes by one or more persons, built on a chassis, designed
without a permanent foundation and shall include a dwelling, sleeping
or business unit of vehicular design used or intended or constructed
for use as a conveyance upon the public streets and highways, whether
licensed or not, and shall further include self-propelled and non-self-propelled
vehicles and other structures so designed, constructed and reconstructed
or added to by means of accessories in such a manner as to permit
the occupancy thereof as a dwelling, sleeping place or for business
purposes for one or more persons and having no foundation other than
wheels, jacks, piers or skirting so arranged as to be integral with
or portable by the mobile home and shall further include the type
of dwelling known as a trailer or camp car.
Every application to construct a mobile home
park or to alter an existing mobile home park in such manner that
the alteration will extend the mobile home park beyond its prior approved
boundaries shall be accompanied by certification by the Zoning Officer
that the area to be utilized for the construction of a mobile home
park or for the expansion thereof meets the requirements of the Township's
Zoning Ordinance including proposed use of the land for mobile home park
purposes and whether that usage of land is approved usage under the
zoning ordinance or a variance was obtained from the Zoning Board
of Adjustment for that use.
Any license or permit required by this chapter
or any renewal of any such license or permit may be denied, suspended
or revoked by the Township Council for failure to comply with this
chapter or any Township of Stafford ordinance or state law or regulation
or ordinance of the Ocean County Board of Health or any other lawful
authority. Before a permit has been denied, suspended or revoked,
the Township Council shall afford the applicant or licensee an opportunity
to be heard in public hearing.
The Township Council shall have the authority
to grant temporary extension of license to operate a mobile home park
solely for the purposes of granting a hearing to the findings of the
Zoning Officer or Construction Code Official as to discrepancies of
a mobile home park with Township ordinances or to permit the owner
of said mobile home park to complete corrective action; provided,
however, that no temporary extension shall be for more than 30 days,
and not more than three temporary extensions shall be granted to any
annual license. No such temporary extension or extensions shall have
the effect of extending for renewal purposes the annual expiration
date, and every renewal license shall be dated as of the anniversary
date of original issuance regardless of such extension.
[Amended 12-15-1992 by Ord. No. 92-81]
A. An annual administration fee shall be charged for
said license in the amount of $100, which fee is hereby expressly
declared to be imposed for revenue payable in advance for each year
commencing on the first day of each calendar year.
B. The following shall apply to annual and municipal
service fees with the Township pursuant to N.J.S.A. 54:4-1.6:
[Amended 6-1-2009 by Ord. No. 2009-26]
(1) An
annual service fee shall be imposed on all manufactured homes installed
in a mobile home park within the boundaries of the Township of Stafford.
In setting this fee, the governing body shall take into account the
extent to which the taxes are assessed and levied against the land
improvements thereto which together constitute the mobile home park
in which the homes are installed to defray the costs of services provided
or paid for by the municipality or provided by any other appropriate
taxing authority for lessees of sites in the park. The fee shall be
prorated in order to account for vacancies in the mobile home park.
(2) The
municipal service fee shall be collected from each owner of a manufactured
home on a monthly basis by the owner of a mobile home park in which
the home is installed. The park owner shall issue a receipt to the
homeowner upon each collection.
(3) The
amount of the annual service fee shall be determined and set by resolution
adopted at the beginning of each calendar year by the governing body
of the Township.
(4) Senior
citizens who meet the qualifications for a real estate tax deduction
pursuant to N.J.S.A. 54:4-8.41 are entitled to a twenty-percent reduction
of the municipal service fee.
(a) In order to receive the reduced rate, the individual must formally
request the twenty-percent discount on a form available in the Township
Assessor's office.
(b) Once it is determined the owner is a qualified senior citizen, the
claimant owner shall be entitled to said discount annually, without
having to submit any additional forms. The Township Assessor may at
any time inquire into the right of a claimant to the continuance of
a discount hereunder, and for that purpose he may require the filing
of a new application or the submission of such proof as he shall deem
necessary to determine the right of the claimant to continuance of
such discount.
(c) The right to a reduction belongs to the claimant owner, not the manufactured
home unit. Thus, a sale of the unit to another owner does not entitle
the new owner to the reduced fee, unless said owner meets the requirements
of N.J.S.A. 54:4-8.41.
C. Payment of the application fee shall be made with each application for annual license. Payment of the monthly fees shall be made by the park owner to the Tax Collector of the Township on a quarterly basis; in addition to the quarterly payment, the park owner shall transmit therewith a copy of each receipt issued pursuant to §
140-8B(2). Payment shall be made no later than the first day of the next ensuing month following the preceding quarter. A resolution may be adopted at the beginning of each calendar year by the governing body of the Township allowing for a grace period up to 10 calendar days following the date upon which the same became payable. An official of the Township as designated by the Mayor shall, upon the request of the Township Council, furnish such Township Council with a report of the number of trailer spaces occupied in such mobile home park.
[Amended 4-6-1993 by Ord. No. 93-18]
D. Any amounts due which are not paid within the time
required shall bear interest thereon at the lawful rate covering the
period of delinquency. The individual homeowner shall bear the burden
of paying the late payment interest charge for failure to pay the
municipal service fee when due and payable, and the park owner shall
be charged for failure to transmit fees actually collected when so
required.
Temporary housing permits may be issued by the
Township Council for temporary use of a mobile home or trailer within
the Township 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 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
either the time necessary to restore the damaged or destroyed residence
or three months, whichever first occurs.
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.
C. Industrial watchman use. Use only as an office for
a watchman on lands actually used for industrial purposes, provided
that the trailer shall in no way be used for residential purposes
and may be occupied by only a bona fide watchman employed by the industry
and on the payroll of the industry in the capacity of watchman and
provided, further, that said watchman must have a permanent residence
other than the place of the trailer or industrial premises. Such trailers
must not have any sleeping facilities contained within the trailer.
Permits shall be for no longer than six months at a time.
D. Any person holding a temporary housing permit issued pursuant to Subsection
A,
B or
C above for use of a trailer in accordance with the permit and the applicable provisions of this chapter is exempted from the provisions of §
211-35Z for the duration of the permit.
[Added 6-15-2004 by Ord. No. 2005-52]
No temporary housing permit shall be issued
unless the mobile home or other trailer has first been duly inspected
by the Housing Officer and found to be fit for habitation either for
dwelling purposes or for its office use, including an adequate supply
of fresh, potable running water for drinking purposes, washing and
bathing facilities and the adequate toilet facilities with sanitary
disposal method.
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. 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.
Prior to the issuance of a temporary housing
permit, the licensee shall pay to the Township Treasurer the sum of
$25 for the permit, plus $5 for each month of occupancy permitted.
[Amended 11-11-1986 by Ord. No. 86-55; 2-21-1989 by Ord. No. 89-22]
A. Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,000,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B. The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.