[HISTORY: Adopted by the Township Committee
of the Township of Shamong as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 110.
[Adopted 11-12-1986 by Ord. No. 1986-10]
The following matters and things are hereby
determined, declared and recited, viz:
A.
An emergency exists within the Township of Shamong
with respect to the rental of mobile home spaces and mobile homes
in mobile home parks by reason of the demands for increases in rent
in that such increases are causing severe hardships upon tenants in
such mobile home parks and are adversely affecting the health, safety
and general welfare of the citizens at the Township of Shamong warranting
legislative action by the Township Committee;
B.
That the number of mobile home parks and spaces permitted
within the Township has been limited by the Township Committee so
as to achieve a balance in the types of housing permitted in the Township,
and it is desirable to maintain such balance, and the present situation
cannot be corrected by increasing the number of mobile homes alone;
C.
That by reason of the necessity of licensing mobile
home parks, mobile home park operators enjoy an unintended monopoly
which may be abused by the charging of unregulated excessive rents;
D.
That regulation of rents in mobile home parks will
serve to prevent abuses and at the same time insure the benefits of
balanced housing and regulation achieved by licensing of mobile home
parks and limitation of their number;
E.
That the Township has power to so regulate rents in
mobile home parks pursuant to the provisions of N.J.S.A. 40:52-1d
bestowing general power to regulate mobile home parks and the provisions
of N.J.S.A. 40:48-2 bestowing power to enact ordinances for the preservation
of the public health, safety and welfare of the Township and its inhabitants,
pursuant to which grant of powers this article is enacted;
F.
That a policy of resolution of fair rental charge
disputes by open communication, discussion and negotiation between
mobile home park operators and their tenants is to be encouraged,
in that it will serve to minimize the governmental regulation and
intrusion into the citizens' private business and domestic affairs;
G.
That in a democratic society it is a fundamental premise
that the will and wishes of the majority shall serve to bind all members
of a group with common interests, be that group large or small.
As used in this article, the following terms
shall have the meanings indicated:
The actual fee charged for the rental of the mobile home
pad or lot. It shall equal the monthly charge minus the allowable
passthroughs for pad fees, increased real estate taxes, increased
utility expenses for electric, gas and telephone and capital improvement
costs passed through to tenants.
[Amended 8-4-1992 by Ord. No. 1992-3]
All potential income during a period under analysis from
the operation of the mobile home park, including but not limited to
rent fees and income from machines, less a deduction for vacancies
and credit losses.
[Added 8-4-1992 by Ord. No. 1992-3]
Not only an increase in the rent but any increase in or addition
to the rent or any other charges made by the landlord to the tenant
and shall include any diminution of services rendered as an incident
to the letting or occupancy from the effective date of this article.
The mobile home park operator, owner or other person leasing
a mobile home space to a tenant.
Includes written or verbal leases, licenses or other arrangement,
agreement or understanding pursuant to which any person or persons
is permitted to occupy a mobile home space.
Includes that portion of a mobile home park rented or offered
for rent for the purpose of placing a mobile home thereon for living
or dwelling purposes by one or more individuals as a family unit or
used for an office and/or a use involved in the management and/or
operation of the mobile home park, together with all privileges, services,
equipment, facilities and improvements connected with the use or occupancy
of such space or mobile home.
[Amended 8-4-1992 by Ord. No. 1992-3]
Those expenses reasonably incurred by a landlord in the day-to-day
operation of a mobile home park. Items included in this category are,
without limitation, utility costs, payroll expenses, administrative
costs, normal repairs and maintenance, real estate taxes, insurance,
supplies, replacement costs and management fees. It shall not include
items which are passed through to the tenants pursuant to the provisions
of this article, nor for the purpose of calculating net operating
income shall it include mortgage interest and principal reduction
or depreciation. The determination as to reasonableness and necessity
of any expense shall be made by the Rent Control Board at the time
an application is before it based upon what it determines to be the
customary and normal expense items associated with the operation of
a mobile home park and the cost thereof in the geographic area in
which Shamong Township is situate.
[Amended 8-4-1992 by Ord. No. 1992-3]
Includes any charge or charges made, fixed, demanded or charged
for the use or occupancy of a mobile home space, whether or not commonly
known as “rent.”
Those charges incurred by a park owner or operator for services
provided by an entity whose rates are regulated and approved by the
Board of Public Utilities or a similar governmental agency.
[Added 8-4-1992 by Ord. No. 1992-3]
From and after the effective date of this article,
it shall be unlawful for any landlord to demand or receive any rent
for any mobile home space in excess of the base rent in effect for
such mobile home space, except in conformity with the provisions of
this article.
Rate increases may be allowed by the Rent Control
Board established by this article upon application thereto by the
landlord in the manner and for the reasons set forth in this article.
[Amended 8-4-1992 by Ord. No. 1992-3]
Notwithstanding any other provision of this
article, a landlord may adopt the following procedure in order to
increase rents:
A.
The landlord shall notify by regular mail each and
every tenant 90 days in advance of a proposed rental increase. The
notice shall contain the amount of the increase requested, a brief
statement regarding the reasons for the increase and a self-addressed
stamped envelope. The notice shall contain the following statement
in capital letters conspicuously printed:
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YOUR LANDLORD IS SEEKING A RENTAL INCREASE UNDER CHAPTER 120, MOBILE HOME PARKS, § 120-5, OF THE SHAMONG TOWNSHIP CODE. PLEASE CHECK BELOW YOUR CHOICE OF AGREEMENT OR DISAGREEMENT WITH THE PROPOSED INCREASE AND RETURN THIS LETTER IN THE SELF-ADDRESSED STAMPED ENVELOPE PROVIDED. IF MORE THAN 60% OF THE TOTAL NUMBER OF OCCUPIED MOBILE HOME SPACES APPROVE THIS INCREASE, IT WILL BE EFFECTIVE FOR ALL TENANTS IN THE PARK IF APPROVED BY THE RENT CONTROL BOARD WHEN PRESENTED TO IT. YOU MUST RETURN THIS LETTER WITHIN 20 DAYS OF THE DATE ABOVE.
| |
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I ____ AGREE ____ DISAGREE WITH THE
PROPOSED INCREASE.
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SIGNATURE
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ADDRESS
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B.
There shall be one vote per mobile home space. A tenant's
failure to vote shall not be construed as approval or disapproval.
Only one tenant's signature shall be required per space. If more than
60% of the total number of occupied mobile home spaces approve the
increase, the landlord shall file an affidavit and copies of all letters
received with the Secretary of the Rent Control Board. The affidavit
shall contain the following information:
(1)
The name and address of the landlord.
(2)
A statement that the letters were mailed on the date
shown on the letters.
(3)
The total number of occupied mobile home spaces in
the park.
(4)
The total number of letters mailed, the total number
of affirmative responses received and the total number of negative
responses received.
C.
Upon submission of the information set forth above,
the Board Secretary shall set a date for a meeting of the Board to
approve the increase. At the time of the meeting, the landlord shall
allocate the increase to base rent and to cost passthroughs, as approved
by the Board. The Board shall have power to alter the increase and
shall have power to alter the allocation of the increase. The Board
shall accept public comment on the proposed rent increase at the time
it reviews the same. There shall be a rebuttable presumption that
the negotiated rent is proper.
[Amended 8-4-1992 by Ord. No. 1992-3]
A.
Application. A landlord seeking a rent increase over
the base rent shall file 10 copies of a written application, the pages
of which shall be sequentially numbered, with the Secretary of the
Rent Control Board. Such application shall contain: (1) the name and
address of the landlord; (2) the name and address of the tenant or
tenants that will be affected by the increase; (3) the locations covered
and a description of the type of lease, whether verbal or written,
then in effect along with a copy of the lease, if written, or a synopsis
of each verbal lease; (4) the actual rent charged and received during
the twenty-four-month period up to the date of filing the application,
including any interim increases; (5) a copy of a current, valid license
issued by the Township of Shamong for the mobile home park; (6) the
reasons for which the increase is requested; (7) the amount of the
increase requested; (8) any financial statements required by this
article; and (9) all calculations necessary to justify the increase.
The landlord shall certify to the accuracy of items (1) to (5). The
landlord shall also file 10 copies of a fully completed checklist,
worksheet, or any other form that the Board may require by resolution.
These forms are to be obtained by the applicant from the Township
Clerk. Failure to submit a complete application may, in the Board's
discretion, result in a delay of the effective date of any increase.
[Amended 7-5-1995 by Ord. No. 1995-7]
B.
Notice. Notice of such application shall be served
by regular mail, on each tenant affected by the increase requested,
not later than two days after the filing of the application. The notice
shall state that an application has been filed, shall briefly summarize
the contents, and shall state that copies of the application have
been filed for public inspection, as provided below. The landlord
shall within 10 days of the service upon the tenants file with the
Board proof of such service. The proof shall be in affidavit form.
The landlord shall file a copy of the application in the office of
the Township Clerk and in the principal office at the mobile home
park or, if there is no principal office in the park, the application
shall be posted in a public place in the park, for public inspection.
Two complete copies of the application shall be served on the President/Chairman
of the Tenants' Association in the park, if one exists.
[Added 8-4-1992 by Ord. No. 1992-3; amended 6-5-2002 by Ord. No. 2002-6]
Upon receipt of an application, a Screening
Committee shall be convened to determine the completeness of the application.
The Screening Committee shall be appointed by the Chairman, and shall
consist of a member of the Board, its financial consultant and the
Board solicitor. If there are no deficiencies, the application shall
be deemed complete. If there are deficiencies, the applicant shall
be notified of the deficiencies. A hearing date may be set subject
to the condition that the applicant correct the deficiencies prior
to or at the hearing. The Screening Committee shall complete the review
within 15 days of receipt of the application by the Rent Control Board.
[Amended 8-4-1992 by Ord. No. 1992-3]
A.
A tenant may apply for a decrease in rent where it
is alleged that:
(1)
The landlord is charging a rent in excess of that
authorized under this article. This application shall be filed within
one year of the date of the alleged over-charging;
(2)
The landlord has since the last rental increase failed
to maintain the standards as to amenities, utilities, charges, maintenance
and equipment which the landlord is required to furnish by law, ordinance
or lease to the tenants.
B.
Applications for decrease in rent shall include the
following:
(1)
The tenant's name and address;
(2)
The name and address of the landlord;
(3)
The location of the leased space;
(4)
The date and term of the tenant's lease;
(5)
A statement of the actual rent billed and paid for
the period in question;
(6)
A statement of the amount billed and paid which is
alleged to be in excess of that allowed; and
(7)
Detailed reasons why the tenant feels that the rental
charged is unjustified and should be decreased.
C.
The application for a rent reduction shall be filed, processed and handled the same as an application for rental increase as provided in § 120-6, above. The tenant shall observe the same service requirements as set forth in § 120-6B only such service need be made only upon the landlord. The tenant or the President/Chairman of the Tenants' Association shall certify to the accuracy of the information required by Subsection B(1) through (6).
[Amended 7-5-1989 by Ord. No. 1989-7; 8-4-1992 by Ord. No. 1992-3]
A.
Mobile home sale. Upon the site of a mobile home which is occupying mobile home space as of the effective date of this amendment and which will continue to occupy rental space in the same mobile home park, the rent for the mobile home space, in addition to other increases allowed under this article, may be increased under Subsection A(1) or (2), as follows:
[Amended 12-17-1991 by Ord. No. 1991-18]
(1)
Automatic adjustment. The mobile home park landlord shall, unless a Vacancy Control Discretionary Adjustment is elected under Subsection A(2), be allowed a Vacancy Control Automatic Adjustment (VCAA). The VCAA shall be cumulative year to year and each subsequent VCAA shall become effective on the landlord's rent increase anniversary date. The VCAA is in addition to other increases allowed under §§ 120-13 and 120-14 of this article. The VCAA shall be a percentage equal to 2 1/2% per year for the period ending with the mobile home buyer's new rental term, and beginning with the later of November 12, 1986, or the latest date of any subsequent vacancy control adjustment made under this amendment for the same mobile home. A landlord accepting a VCAA shall, no later than 45 days prior to its effective date, notify in writing the Secretary of the Rent Control Board and the President of the park's Tenant Association and if there is no such association the tenants themselves of its intended acceptance. The notice shall contain a statement of the pad rents, both before and after the VCAA. If the landlord fails to file such a writing and doesn't exercise the rights afforded a landlord under Subsection A(2) below, the VCAA shall be deemed to have been accepted by the landlord. In any event, the landlord shall be required to file with the Rent Control Board in the month of February each year a list of the pad rents within its mobile home park showing rents before and the adjustment.
(2)
Discretionary adjustment.
(a)
Landlord's election. A mobile home park landlord
may elect against the Vacancy Control Automatic Adjustment and request
a Vacancy Control Discretionary Adjustment (VCDA) by the Rent Control
Board as follows:
[2]
Determination. The Board shall determine a percentage
increase in rent to be allowed the owner on each vacancy and reletting
which reasonably compensates the owner for any loss of possessory
rights recognizable under the Constitution of the United States and
the State of New Jersey.
[3]
Evidence; burden of proof. The landlord shall
have the burden of proof. The Rent Control Board will consider legally
competent evidence, such as but not limited to market values of comparable
mobile homes in a non-rent-controlled mobile home park of comparable
demographics, selling price of mobile homes, criteria for depreciation,
relevant data regarding useful life and maintenance, amortization
information, mobile home pad rentals in comparable parks of similar
demographics in comparable markets.
[4]
Discovery. The landlord shall serve tenants
or their legal representative with a copy of all of its supporting
expert report(s) no later than 20 days prior to the first scheduled
hearing, unless otherwise allowed by ruling of the Board on good cause
shown. Upon the failure to provide a report, the landlord shall be
precluded from introducing the testimony of the expert at the hearing.
[5]
Effectiveness of determination. The determination
shall be effective for a period commencing with the effective date
of the owner's last rent increase or the anniversary date thereof
if the same was more than 12 months prior to the determination.
[6]
Subsequent year. The determination at the Board shall be deemed to be increased on the subsequent anniversary at the effective date of the VCDA by the automatic adjustment provided above, unless a timely contrary election is made under Subsection A(2).
[7]
The automatic adjustment may be elected by the
landlord at any time prior to the first hearing conducted on the issue.
Thereafter, the landlord shall be bound by the determination of the
Board.
(b)
Tenant's election. The tenants at a mobile home park may seek a VCDA at any time on or after the date the cumulative vacancy control adjustments allowed the landlord under Subsection A(1) or (2) equal or exceed 25%, as follows:
[1]
Filing date. The tenants shall file this application
no later than 45 days prior to the anniversary of the landlord's most
recent rent increase approval. Except for good cause shown, relief
shall be waived unless timely filed.
(3)
Initiation petition.
(a)
Notwithstanding the provision of Subsection A(2)(a) (filing date), to allow for the orderly implementation of this amendment, a landlord may file a separate petition for a VCDA in the event the anniversary of the landlord's last Rent Control Board petition determination is later than 60 days from the effective date of this amendment; provided, however, no separate initiation petition may be filed after December 31, 1992.
(b)
A VCDA allowed under an initiation petition shall not be increased under Subsection A(1) or (2) in the twelve-month period following its effectiveness. Thereafter, the VCDA may be increased in accordance with any Rent Control Board determination made before the expiration of the twelve-month period.
B.
Lot vacancy. Where a lot or space becomes vacant as
a result of the vacating of the mobile home rental space by a previous
tenant by the removal by that tenant of his mobile home, the landlord
may increase the base rent by 10% if improvements are made to the
lot or space by the landlord at a documented cost of $500 or more.
No such increase may be imposed if improvements are made at a cost
of less than $500, or if the landlord fails to document his costs.
Notwithstanding any other provision of this article, this increase
may be effected by the landlord filing a certified statement with
the Rent Control Board that such costs have been incurred, along with
documentation of said costs. The statement shall include the amount
of the base rent prior and subsequent to the increase. The Rent Control
Board shall review said certification at its next regular meeting
and, if it is satisfactory, shall approve the same.
A landlord shall be entitled to collect from
each tenant the proportionate share per pad or space of any increase
in real estate taxes, state license, municipal licenses, municipal
pad fees and utilities, if the utilities are provided by the landlord.
The proportionate share shall be equal to the increase divided by
the total number of occupied pads or spaces in the park.
In the event that the taxes or costs referred
to in the foregoing section are reduced, 50% of the savings shall
be passed on to the tenants. Should a reduction in real estate taxes
be obtained by the landlord, through the tax appeal process, the 50%
savings shall be passed on to the tenants after the landlord deducts
his reasonable and necessary documented costs incurred in obtaining
said reduction.
A.
Annual increases.
(1)
A landlord may increase the rent on an annual basis
from the anniversary date of the effective date of the last increase
by a sum which is computed based upon the percentage increase in the
Consumer Price Index - All Urban Consumers (CPI-U) for the Philadelphia
South Jersey region. In no event shall such increase exceed a maximum
of 5%, however.
[Amended 7-5-1989 by Ord. No. 1989-7; 8-4-1992 by Ord. No. 1992-3]
(2)
Any owner seeking such an increase in rent shall notify
the tenant and the Rent Control Board thereof and make application
in conformance with the provisions of this article.
B.
Rental increase for fair return.
[Amended 8-4-1992 by Ord. No. 1992-3]
(1)
Concurrent with a petition for a rent increase filed pursuant to Subsection A, above, a landlord, may petition for approval of a rent increase on the grounds identified below. Relief granted under this section shall be deemed to include any lesser relief otherwise authorized under Subsection A unless specifically stated to the contrary by the Rent Control Board.
(2)
The following grounds are recognized singly or in
combination:
(a)
Rent increases reasonably necessary to permit an efficient landlord to realize a just and reasonable return on its property. Such rental increases shall be allowed on the basis of the formula set forth in this provision, but such formula shall not be the exclusive formula for determining a just and reasonable return. The applicant shall, however, provide the necessary information for the Board to determine whether it should grant the park owner a rental increase upon a showing that his reasonable and necessary operating expenses for his last full calendar year or fiscal year exceeded 60% of his gross annual rental income for said period. If the Rent Control Board is satisfied that such a showing has been established, then the Board shall grant a rental increase sufficient to restore reasonable and necessary operating expenses to 60% of the gross annual income unless a rental increase is granted under Subsection B(2)(b) or (c) below.
(b)
Rent increases necessary to cover the inadequacy
of an efficient landlord's net working capital generated from operations
to cover financial obligations such as mortgage payments, where the
financial obligations result from a capitalization debt-equity ratio
which is commercially reasonable, and reasonably related to the acquisition
or refinancing of the mobile home park to the extent to which the
financial obligations materially and adversely diminish the landlord's
fair return.
(c)
Such other fair return analyses as shall be
presented to the Rent Control Board and be found by them to be a reasonable
approach to demonstrating the need for a rental increase to provide
a just and reasonable return to the landlord.
(3)
An application for a rental increase based upon fair return shall contain the information required pursuant to § 120-6 above and shall further contain the following:
(a)
A statement as to the amount of increase and
percentage of increase requested.
(b)
The landlord's financial statements (Statement
of Financial Position or the equivalent, Statement of Changes in Financial
Position or the equivalent and Income Statement or the equivalent)
for the most recent twelve-month period prepared in accordance with
the mobile home park's fiscal year and for the past two fiscal years.
The landlord shall also make available to the Board and/or its attorney
and financial consultants, at the landlord's place of business in
Shamong Township, or at the Township offices, the books and records
which may be required to support the financial statements. These books,
records and financial statements shall also be made available for
inspection at such location by the Tenants' Association of the tenants
affected by such application and their legal representatives and financial
consultants if there is such an association and to the individual
tenants and their representatives if there is no association or they
aren't members of the same.
(4)
No retroactive rental increase may be obtained by
an owner under any provision of this article to cover operating losses
incurred in prior years resulting from the failure of the owner to
either apply for or obtain rental increases or surcharges under this
article.
A.
An owner may apply to the Rent Control Board for additional rental charges for the payment of the reasonable cost of a capital improvement which was necessary for the proper operation of the park upon completion of the improvement and in accordance with the procedures set forth in Subsection C, below.
[Amended 8-4-1992 by Ord. No. 1992-3]
(1)
Exceptions.
(a)
For a capital improvement which was unanticipated,
emergent and/or legally mandated and the cost of which exceed one
month's gross rent based on the preceding year's effective gross rents
said application may be made within six months of the completion of
said capital improvement notwithstanding the fact that an application
for a rental increase based upon other grounds has been made within
the same year.
(b)
An owner seeking additional rent for a capital
improvement may apply to the Board for prior approval of said capital
improvement and additional rent. If the Board determines that approval
is to be granted, and subject to all requirements of this article,
said owner may proceed with said capital improvement. In no instance
may an owner impose the additional rent established for said capital
improvement until such time as the improvement has been completed,
inspected and approved by all agencies having authority over the same
and the Board administratively determines that all requirements of
this article and the Board's terms and conditions have been complied
with.
B.
For the purpose of this section, "capital improvements"
shall be any item considered as such under the Federal Internal Revenue
enactments and regulations. The replacement of an existing item or
facility with an item or facility which has a more serviceable and
useful life shall be considered a capital improvement unless the Board,
in its discretion, determines that such replacement consists of normal
and necessary maintenance and repairs.
C.
An owner seeking additional rent for a capital improvement
shall apply in conformance with the application and notification provisions
of this article. The Rent Control Board shall determine if said improvement
is a necessary capital improvement and, if so, the amount of the increase
granted for such improvement, and shall establish the rents and conditions
of such increase. In determining the terms and conditions of the increase,
the Board shall consider the total cost of the improvement, including
interest expense, the useful life of the improvement and the reasonable
time necessary for the landlord to recover his costs.
[Amended 8-4-1992 by Ord. No. 1992-3]
D.
The cost of expanding or enlarging the mobile home
park or a section thereof shall not be borne by the tenants or utilized
in computing additional rental charges under this section.
[Added 8-4-1992 by Ord. No. 1992-3]
Any increase or decrease in rent granted pursuant
to this article shall not be effective prior to the expiration of
12 months from the effective date of the last increase or decrease
granted to the applicant or the last denial of relief to the applicant.
A.
Before the Rent Control Board established by this
article may grant any relief pursuant to the terms of this article,
it shall first hold a hearing upon the notice as prescribed herein
and afford all parties a full opportunity to be heard and present
any testimony relevant to the matter of the application before the
Board.
B.
In reaching its written decision on any application
the Board must find that the applicant has demonstrated their right
to the relief requested by a preponderance of the legally competent
evidence presented. The hearings shall not be bound by the strict
rules of evidence, and the Board may receive such evidence as it deems
appropriate and relevant to the proceedings; provided, however, expert
opinion evidence or proof of financial condition shall be subject
to the normal evidential standards of competency.
[Added 8-4-1992 by Ord. No. 1992-3]
A.
There is hereby created a Rent Control Board within
the Township of Shamong. Said Board shall consist of five members
appointed by the Township Committee for terms of three years each,
except as noted below, or until their successors are appointed. There
shall also be two nonvoting members, one as a representative of mobile
home park tenants, and one as a representative of landlords. All members
shall be residents of Shamong, except the representative of the landlords.
The terms shall expire on the third anniversary following the year
of appointment, except that the initial terms of the voting members
of the Board shall be for one, two and three years, so that only one
member shall depart at the end of the first year, two at the end of
the second year, and two at the end of the third year. Each member
shall serve without compensation but shall receive reimbursement for
such expenses as may be approved by the Township Committee upon receipt
of written voucher therefor.
[Amended 8-4-1992 by Ord. No. 1992-3; 6-5-2002 by Ord. No. 2002-6]
B.
Two alternate members are hereby authorized for appointment
to the Rent Control Board. Said alternate members shall be appointed
by the Township Committee and shall meet the qualifications of the
five voting members of the Board. Alternate members shall be designed
at the time of their appointment as "Alternate No. 1" and "Alternate
No. 2." The terms of the alternate members shall be for three years
or until their successors are appointed, except that the terms of
the initial alternate members appointed hereunder shall be for two
and three years respectively. A vacancy occurring other than by expiration
of term shall be filled for the unexpired term only. Alternate members
may participate in discussions of any proceedings before the Board
but may not vote except in the absence or disqualification of a voting
member of the Board. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
[Added 2-1-1994 by Ord. No. 1994-4; amended 6-5-2002 by Ord. No. 2002-6]
The Rent Control Board is hereby granted and
shall have and exercise all the powers necessary and appropriate to
carry out and execute the purposes of this article, including but
not limited to the following:
A.
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes of this article, which
rules and regulations shall thereafter be deemed to be part of this
article as fully as if set forth herein, and any violation thereof
shall be a violation of this article.
B.
To supply information and assistance to landlords
and tenants to help them comply with the provisions of this article.
C.
To hold hearings and adjudicate applications from
landlords or tenants for adjustments of rental as herein provided.
D.
A quorum for a hearing shall consist of at least three
voting members and a concurring vote of a majority of the members
present shall be necessary to take any action.
[Amended 8-4-1992 by Ord. No. 1992-3]
E.
At all public hearings, the Board shall give both
landlord and tenant reasonable opportunity to be heard and to present
witnesses before making any determination. The parties may be represented
by counsel.
F.
Any order signed by the Board shall be in writing
and in the form of a resolution and shall contain findings of fact
and conclusions of law as well as the order of the Board made in the
particular matter. A true copy of the order shall be served by certified
mail upon the applicant. Violation by a landlord or a tenant of any
order so adopted shall be a violation of this article.
[Amended 7-5-1989 by Ord. No. 1989-7]
G.
The Rent Control Board shall meet once a month. If
there is no business pending the Board Chairman may cancel the meeting
and shall provide public notice of the same.
H.
In any application, the Board may require any further
information which it deems reasonably necessary to make an informed
decision.
[Added 8-4-1992 by Ord. No. 1992-3]
I.
To appoint a secretary, solicitor and a financial
consultant.
[Added 8-4-1992 by Ord. No. 1992-3]
J.
To impose conditions on any rental increase or decrease.
[Added 8-4-1992 by Ord. No. 1992-3]
The eviction, threatened eviction, or attempt
to evict any tenant or threat of any reprisal against any tenant for
refusal to pay rent which is increased in violation of the terms of
this article shall constitute a violation of this article.
No landlord shall demand or receive, directly
or indirectly, any premium or other thing of value other than the
rent fixed by this article, as a condition to the rental of any mobile
home space.
This article, being necessary for the welfare
of the Township of Shamong and its inhabitants, shall be liberally
construed to effectuate the purposes thereof.
Any person found guilty of violating any provision
of this article or of willfully filing with the Rent Control Board
any material misstatement of fact shall be punished by a fine not
exceeding $500 or by imprisonment in the County Jail for a term not
exceeding 90 days, or both, in the discretion of the court before
whom such conviction shall be had. A violation affecting two or more
mobile home spaces shall be considered a separate violation as to
each mobile home space.
[Adopted 7-5-1995 by Ord. No. 1995-9]
The purpose of this article is to repeal an
ordinance adopted by the Township Committee on June 7, 1960, which
regulated trailer camps and camp sites; and to adopt a new ordinance
which establishes new guidelines and regulations by which manufactured
housing units and communities may exist within the Township.
An ordinance entitled: "An Ordinance To License
And Regulate Trailer Camps And Camp Sites within The Township of Shamong
And To Provide Penalties For The Violation Thereof," adopted June
7, 1960, and all amendments thereto is hereby repealed.
As used in this article, the following terms
shall have the meanings indicated:
A parcel of land, or two or more parcels of land, containing
no fewer than 10 sites equipped for the installation of manufactured
homes, where these sites are under common ownership and control for
the purpose of leasing each site to the owner of a manufactured home
for the installation thereof, and where the owner or owners provide
services which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
Any unit of housing which:
Consists of one or more transportable sections
which are substantially constructed off site and, if more than one
section, are joined together on site;
Is built on a permanent chassis;
Is designed to be used, when connected to utilities,
as a dwelling on a permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards
promulgated for a manufactured home by the secretary pursuant to the
National Manufactured Housing Construction and Safety Standards Act
of 1974, Pub. L. 93-383 (42 U.S.C. § 5401 et seq.) and the
standards promulgated for a manufactured or mobile homes by the Commissioner
pursuant to the State Uniform Construction Code Act, P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.)
That part of a manufactured housing community designed to
be occupied by one manufactured housing unit.
[Amended 4-5-2016 by Ord.
No. 2016-4]
A.
Within the boundaries of the Township, no person shall construct,
alter, maintain or operate a manufactured housing community, nor shall
any person expand an existing manufactured housing community, nor
shall any person or persons work in, occupy or directly or indirectly
in any manner whatsoever utilize any place or premises constructed,
maintained or operated as a manufactured housing community until and
unless there is a valid and current license or renewal of license
therefor duly issued by the Township Committee in accordance with
provisions of this article.
B.
Initial or renewal licenses under this article for the operation
of a manufactured housing community shall be issued for a period of
one year or, where appropriate, a part of one year and shall expire
on the first day of February of the calendar year in which it expires
unless otherwise set forth in the approval. The number of licenses
or permits to be issued in the Township to maintain and operate a
manufactured housing community shall not exceed two. Licenses to alter
an existing manufactured housing community shall be issued for the
balance of the term of the current license for said community.
C.
If at any time during a one-year renewal period, or any period thereof, the licensee violates any provision set forth in this article, the Township reserves the right upon 10 days' notice to the licensee of the Township's intent to take action on the license and after a hearing thereon to revoke or suspend any license. This right shall be in addition to the right to issue violations under Chapter 120 under the penalty provisions of the Code.
A.
A license shall be applied for by written application,
filed with the Township Clerk. Every application for a license to
construct a new manufactured housing community or the expansion of
an existing community beyond its approved size shall contain the following
information unless the same is already on file with the Township:
(1)
A legal description, by metes and bounds, of the area
to be used for the manufactured housing community with deed book and
page reference and the lot and block references from the current Township
Tax Map;
(2)
A plot plan of the overall area showing dimensions
by feet and inches, total acreage, location and width of all roadways,
driveways and walkways, location of all manufactured housing unit
spaces with identifying lot numbers, parking areas, fences and all
improvements and a plan of landscaping, including finished grading,
grass areas and the location and identification of all shrubbery,
trees and similar items;
(3)
A plan of electrical lighting, including the location
of poles and overhead electrical wires and all underground wiring,
receptacles for manufactured housing units, road and walkway lighting
and public area lighting;
(4)
A detailed plan of the method of sewerage disposal;
(5)
A detailed plan of the method of water supply;
(6)
All applications shall contain the following information:
(a)
A descriptive plan of the method of garbage
and trash disposal;
(b)
A descriptive plan for removal of leaves, fallen
tree limbs and other vegetative debris;
(c)
A descriptive plan for the maintenance and upkeep
of the roadways and walkways within the manufactured housing community
and snow removal therefrom; and
(d)
The name and address of the owner or owners
of the manufactured housing community. If one or more owners are a
corporation, then the names and addresses of all persons holding 10%
or more of the shares of stock of the corporation.
B.
Every application, whether for a license to construct,
maintain, operate or alter a manufactured housing unit or community
or for renewal of license to operate shall be made in writing in triplicate
addressed to the Clerk of the Township and shall be accompanied by
a certified check in the amount of the license fee provided for same.
If the application is to construct a new manufactured housing community
or to add to the same beyond its earlier licensed capacity, a copy
shall be sent forthwith to the Township Planning Board for site plan
review in accordance with the Township ordinances governing the same.
If the application is for renewal of a license to operate an existing
manufactured housing community, the Township Clerk shall forthwith
forward copies of the application to the Township's Zoning Officer
and Construction Code Official, who shall each thereafter inspect
said premises for compliance with the existing ordinances of this
Township and shall report thereon to the Township Committee. If noncompliance
with any of the existing ordinances of this Township is found by any
of the above-mentioned officials, then the appropriate officials shall
give notice to the applicant of discrepancies found and the applicant
shall, within 20 days thereafter, supplement the application, in writing
and addressed to the Township Clerk, with a statement as to the corrective
action taken or to be taken, setting forth the action, method of correction
and date corrections will be completed.
C.
When deemed necessary and appropriate by the Township
Committee in order to guarantee performance of the licensee's obligations
hereunder a license application shall be accompanied by a performance
bond or such other acceptable security as the Township Committee deems
to be acceptable in an amount to be determined by the Township Committee,
and if it is a performance bond it shall be executed by a corporate
surety authorized to issue bonds and to do business in the State of
New Jersey, which bonds shall guarantee to the Township the performance
of all of the conditions of this article by the licensee. The performance
bond shall be maintained in full force for such period of time as
the license shall be issued.
A.
A fee shall be charged for said license in an amount
of $105, which fee is hereby expressly declared to be imposed for
revenues, payable in advance for each year, commencing on the first
day of January.
[Amended 3-5-2013 by Ord. No. 2013-02]
B.
There shall be further charged and collected, in addition to the fee mentioned in Subsection A above, a municipal service fee of $14.50 per month on all manufactured housing units installed in a manufactured housing community for the purpose of defraying the costs of services such as but not limited to rent control, fire protection, regulation of parks and public grounds rendered to the owners of the manufactured housing units by the Township and other appropriate taxing authorities. This municipal service fee shall be collected from each owner of a manufactured home on a monthly basis by the owner of the manufactured housing community in which the home is installed. The park owner shall issue a receipt to the homeowner upon such collection. This municipal service fee shall be transmitted monthly by the owner of the manufactured housing community upon presentment of an invoice or bill for the same by the Township Tax Collector together with a copy of the receipts issued to the individual unit owners.
C.
Any amounts due which are not paid within 20 days
of receipt of the aforesaid invoice or bill shall bear interest thereon
at the same rate which has been established by the Township for delinquent
property taxes.
The manufactured housing community shall conform
to the following requirements:
A.
The manufactured housing community shall be located
on a well-drained site, graded to insure proper drainage and freedom
from stagnant pools of water;
B.
Manufactured housing unit spaces for those manufactured
housing communities holding a license to construct a new manufactured
housing community and those existing manufactured housing communities
seeking an expansion beyond their approved size shall be provided,
consisting of a maximum of four spaces for each acre of ground within
the manufactured housing community;
C.
Manufactured housing units shall be so harbored on
each space that there shall be at least a fifteen-foot clearance between
manufactured housing units; provided, however, that with respect to
manufactured housing units parked end-to-end, the end-to-end clearance
shall not be less than 10 feet. No manufactured housing unit shall
be located closer than 10 feet from any building within the community
or from any property line boundary of the community; and no manufactured
housing unit shall be located within 50 feet of an existing public
street or roadway;
D.
All manufactured housing unit spaces shall abut upon
a private roadway of not less than 25 feet in width, which shall have
unobstructed access to a public street or highway;
E.
All driveways and walkways within the manufactured
housing community shall be at least gravel and/or stone and lighted
at night with lights spaced at intervals so as to illuminate adequately
all such driveways and walkways;
F.
An electrical receptacle, properly grounded and mounted
or affixed pursuant to the Uniform Construction Code of New Jersey,
shall be provided for each manufactured housing unit space. The receptacle
shall supply 115/240 volts with a minimum rated ampacity of 50 amperes
or that required by the manufacturer. A properly sized overcurrent
device shall be installed as an integral part of each outlet.
A.
An adequate supply of potable water, complying with
the potable water standards and the New Jersey Clean Water Enforcement
Act established by the State of New Jersey, shall be provided in each
manufactured housing community. The water shall be obtained from an
approved public potable water supply, if available. If an approved
public potable water supply is not available, a water supply shall
be developed in accordance with the standards for the construction
of Water Supply Systems for Realty Improvements promulgated by the
State Commissioner of Health pursuant to the provisions of P.L. 1954,
c. 199 [1], and approved by the Township Board of Health or its designated
agent prior to its use.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
B.
The water supply shall be piped so as to provide service
to all manufactured housing units and service buildings. An individual
connection shall be provided for each manufactured housing unit base
and so installed that it will not be damaged by the placement of any
manufactured housing unit. If the manufactured housing unit is disconnected,
the outlet shall be disinfected and capped.
C.
Potable water shall be stored only in impervious tanks
protected against surface drainage. All tanks shall be provided with
watertight covers, and any overflow or ventilation openings shall
be covered with a metallic screen of not less than 16 mesh to prevent
the entrance of insects or vermin. No storage tank shall have a drainage
connection direct to any sanitary sewer line.
D.
The owner or owners of any manufactured housing community
shall sample and test its potable water supply a minimum of once a
year or as required by county, state or federal law so to insure the
same meets all federal, state and local clean water enforcement provisions
established by statute, rule or regulation. Copies of all water testing
shall be filed with the New Jersey Department of Environmental Protection
and with the Township or its designated agent.
E.
All design criteria and specifications for water supply
set forth in this section shall become effective on the date of adoption
of this article, but all existing manufactured housing communities
may continue as presently constructed except that any expansion of
them will be subject to said design criteria and they shall upgrade
their facilities in accordance with any other laws or regulations
which may otherwise be applicable to them.
A.
Every manufactured housing unit space shall be provided
with a sewer connection. A sewage disposal system to service the same
shall be constructed and installed in accordance with the standards
for the construction of sewage facilities for realty improvements
promulgated by the State of New Jersey, and shall be approved by the
Department of Environmental Protection and/or the Burlington County
Board of Health as agent for the Shamong Township Board of Health
as the same may be required by law.
B.
Every manufactured housing unit space shall be provided
with a building sewer inlet installed in accordance with the requirements
of the New Jersey State Sanitary Code. The connections between the
manufactured housing unit drain and the sewer shall be watertight,
self-draining and shall be affixed by a noncollapsible, corrosion
and weather-resistant flexible hose of suitable diameter to fit the
drain and the building sewer.
C.
The manufactured housing community owner or owners
shall maintain the sewage disposal system in good repair in accordance
with all applicable federal, state, county, and local statutes, laws,
rules or regulations relating to the same.
D.
All design criteria and specifications for sewage
disposal set forth in this section shall become effective on the date
of adoption of this article but all existing manufactured housing
communities may continue as presently constructed, provided they are
in compliance with all laws, regulations and rules applicable to them
at that time, except that any expansion of them will be subject to
said design criteria and they shall upgrade their facilities in accordance
with any other laws or regulations which may otherwise be applicable
to them.
A.
The storage and collection of trash and garbage shall
be provided for by the licensee and managed as to prevent health hazards,
rodent and other animal harborage, insect breeding, accident hazards
or air pollution. The system provided for the storage and collection
of trash and garbage shall be set up in conformance with all local,
county and state recycling regulations.
B.
The removal of fallen leaves, fallen tree limbs and
similar vegetative debris shall be provided for by the licensee so
as to prevent the accumulation of the same and avoid the creation
of a fire hazard within the tight confines of the community. The tenants,
however, shall be responsible for removing the same from their leased
lot to a designated location within a reasonable proximity of their
lot. The removal of the leaves, tree limbs and similar vegetative
matter shall be carried out during the months of May, October and
November when the bulk of the material normally accumulates within
the community but the licensee shall also provide for the removal
of such material on a timely basis after a storm or other event causes
any unusual accumulation of such material. All such removal shall
be handled in accordance with all applicable governmental laws and
regulations.
A.
Service buildings of any nature in the community shall
be permanent structures complying with all applicable local, county,
state and federal laws, ordinances and/or regulations.
B.
All service buildings and the grounds of the community
shall be maintained in a clean, sightly condition and kept free of
any condition that will menace the health of any occupant or the public
or constitute a nuisance.
A.
All roads within the manufactured housing community
shall be designed so as to permit convenient and safe movement of
traffic and unobstructed access to a public street or highway. All
roads shall be provided with a smooth, hard, dense and dust-free surface
which shall be durable and well-drained under normal use and weather
conditions. Road surfaces shall be maintained free of holes and free
of snow and ice, and any such accumulation of snow or ice shall be
removed within a minimum of 24 hours after termination of the precipitation
which caused the snow or ice to accumulate. In the event of a snow
storm lasting more than 24 hours, plowing of the road surfaces shall
begin no later than the end of the first day so as to make said roads
accessible for emergency equipment.
B.
No street, roadway or driveway located within the
manufactured housing community shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of any other
existing streets, roadways or driveways, public or private, located
within the Township. All such street names shall be subject to approval
of the Township Committee.
No manufactured housing community unit shall
be inhabited by a greater number of occupants than that for which
it was designed by the manufacturer of said unit nor shall the number
of occupants exceed the limitation on the number of inhabitants which
may occupy the manufactured housing unit based upon the smaller of
the number determined either by the square footage of said unit as
established in the Uniform Construction Code of New Jersey or the
size of the septic system provided to service said unit.
A.
In every manufactured housing community there shall
be an office of a particular person or persons responsible for the
maintenance, upkeep and management of the manufactured housing community.
A copy of the manufactured housing community license, this article
and the manufactured housing community registry of tenants shall at
all times be kept on file in the management's office. There shall
be posted and maintained in a conspicuous location on the outside
of the office building a notification containing the name, address
and telephone number of a representative of the manufactured housing
community owner who may be reached or contacted at any time in the
event of an emergency affecting the manufactured housing community
or any manufactured housing unit therein, including such emergencies
as the failure of any essential service or system, and the person
so designated shall have the authority to make emergency decisions
concerning any repair or expenditure in connection therewith.
B.
The licensee shall maintain fixed office hours in
the community office, during which a responsible authorized agent
in charge shall be present at least four hours per day, three days
per week.
C.
A complaint records book shall be maintained at the
community office in which shall be recorded all complaints registered
with the manager and the manner in which they were resolved. Said
book shall be available for public inspection and copying at the same
rates set forth in N.J.S.A. 47:1A-2.[1]
[1]
Editor's Note: N.J.S.A. 47:1A-2 was repealed
by L.2001, c. 404, § 17. See now N.J.S.A. 47:1A-5.
D.
The licensee shall notify the manufactured housing
community residents in writing of any violations of the unit owner's
responsibility promptly upon receipt of the same from any code enforcement
official or agency.
E.
The licensee shall distribute or post as required
by law all official notices or correspondence received by the manufactured
housing community management pertaining to the residents responsibilities
or rights.
A.
As set forth in § 120-36, the licensee must keep at all times a registry of all residents (which shall be open at all reasonable times to inspection by any state, federal or Township officer) in its community office showing for each manufactured housing unit:
B.
Each licensee shall every month submit two copies
of the registry to the Township Clerk.
Every manufactured housing unit shall be equipped
at all times with a ten-pound ABC fire extinguisher in good working
order, of such type, size and number and so located within the manufactured
housing unit as to satisfy all applicable federal, state and local
regulations. No open fires (with the exception of barbecue grills
or ovens) shall be permitted at any place which may endanger life
or property. No fires shall be left unattended at any time.
Every manufactured housing community, unit and
every building located within the manufactured housing community which
has been issued a license by the Township shall, at all times, be
subject to examination and inspection within reasonable hours by any
officer or agent of the Township making the inspection in the regular
course of his or her duties and responsibilities according to law.
A.
Every manufactured housing community licensed under
the provisions of this article and every licensee, owner, operator
or manager of such manufactured housing community shall comply with
the requirements of each and every federal, state, county and municipal
law, code, ordinance and regulation applicable to the ownership, occupancy
and operation of manufactured housing communities.
B.
Every licensee, owner, operator or manager of every
licensed manufactured housing community shall require that all occupants
and residents conform to proper standards of conduct as such standards
may be established by such licensee, or any law, ordinance or regulation.
At a minimum, such standards shall prohibit any occupant or resident
from being so disorderly as to destroy the peace and quiet of the
manufactured housing community or the peace and quiet of other occupants
or residents of the Township; shall prohibit any occupant or resident
from willfully destroying, damaging or injuring the manufactured housing
community or any property of any occupant or resident of said community;
shall prohibit any occupant or resident from committing any illegal
acts; and shall prohibit any occupant or resident from constantly
violating the rules and regulations governing the manufactured housing
community.
[Amended 5-6-2008 by Ord. No. 2008-005]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.
