[HISTORY: Adopted by the Township Council
of the Township of Stafford 9-18-1984 by Ord. No. 84-61. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Any plot or ground upon which two or more mobile homes or
mobile units used for dwelling or sleeping purposes are located.
A.
Except in a duly licensed mobile home park or as otherwise
provided for in this chapter, it shall be unlawful for any person
to park, keep, house, maintain or dwell in or otherwise occupy any
mobile home anywhere within the Township of Stafford.
B.
A camper or other recreational vehicle with dwelling
or sleeping facilities, which would otherwise be the definition of
a mobile home but which is clearly a recreational vehicle intended
for temporary residential use during camping or touring or similar
use, shall be permitted to be stored within the Township on the lands
of the owner of said vehicle; provided, however, that said vehicle
shall be maintained on the lands solely for the purpose of storing
the vehicle and no one shall dwell in or otherwise occupy or use such
vehicle for any purpose whatsoever.
A.
Within the boundaries of the Township of Stafford,
no person shall construct, alter, maintain or operate a mobile home
park, nor shall any person expand an existing mobile home park, 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 mobile home park until and unless there
is a valid and current license or renewal of license, therefor duly
issued by the Township Council in accordance with the provisions of
this chapter.
B.
Any and all construction to a mobile home park shall be done in compliance with Chapter 130, Land Use and Development. Licenses or permits to maintain and operate a mobile home park shall be issued for a period of one year or, where appropriate, a part of one year and shall expire annually on the first day of each calendar year. The number of licenses or permits to be issued in the Township to maintain and operate a mobile home park shall not exceed three.
[Amended 12-15-1992 by Ord. No. 92-81]
A.
Every application for a license to construct, maintain
or operate a mobile home park shall contain the following information:
(1)
A legal description by metes and bounds, of the area
to be used for mobile home park purposes with deed book and page references
and lot and block references from the current Township Tax Map.
(2)
A plat 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 mobile home 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, receptacles for mobile homes,
road and walkway lighting and public area lighting.
(4)
A detailed plan and the method of sewerage disposal.
(5)
A detailed plan and the method of garbage and trash
disposal.
(6)
A detailed plan and the method of water supply.
(7)
A detailed plan for the maintenance and upkeep of
roadways and walks within the mobile home park and snow removal therefrom.
(8)
The name and address of the owner or owners. 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.
Each application for alteration of a mobile home park, whether by expansion, contraction, modification or change of approved plan, shall be accompanied by all of the information required by § 140-3B; except, however, that if only minor changes are to be made to the prior approved plan, then, in that event, the applicant may submit a copy of the prior approved plan with the changes clearly indicated thereon.
C.
If the applicant for an annual license to maintain and operate a mobile home park is the holder of a current annual license to maintain and operate that mobile home park or the transferee thereof so that the application can properly be construed as an application for renewal of an annual license to maintain and operate a mobile home park, then said applicant may, in lieu of resubmitting each of the items set forth in Subsection A of this section, file an affidavit certifying as to each such item that there has been no change or, as to those items in which changes have been affected, the details thereof. Each such affidavit shall further certify that there has been no change of ownership of the mobile home park and no alteration of the mobile home park from the approved plan, except in compliance with the provisions of this chapter. Said affidavit shall further set forth the total number of mobile home spaces authorized and the total number occupied as of the date of the affidavit. Each such applicant for renewal of license shall be submitted to the Township Clerk in writing at least 35 days prior to the expiration date of the then current license.
D.
Application procedure. Every application, whether
for a license to construct, maintain, alter or operate or for renewal
of an annual license to operate shall be made in writing in triplicate
addressed to the Clerk of the Township of Stafford and shall be accompanied
by a certified check in the amount of the license fee provided for
in this chapter. If the application is to construct or alter a mobile
home park, a copy shall be sent forthwith to the Township Planning
Board for site plan review recommendations. If the application is
to operate or renewal of license to operate an existing mobile home
park, 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
ordinances of this Township and shall report thereon to the Township
Council. If noncompliance with any of the ordinances of this Township
is found by any of the said officials, then the appropriate official
shall give notice to the applicant of discrepancies found and the
applicant shall, within 10 days thereafter, supplement the application,
in writing and addressed to the Township Clerk, with a statement as
to corrective action taken or to be taken, setting forth the action,
method of correction and date corrections will be completed. The applicant
may appeal the finding of any discrepancy in said supplement to the
application by requesting a hearing before the Township Council.
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[1] 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.
A.
Lot layout and occupancy.
(1)
Each mobile home lot shall be clearly identified by
number.
(2)
Each mobile home lot shall be adequate to accommodate
the mobile home occupying the same.
(3)
The number of mobile homes permitted in a mobile home
park shall not exceed the number of mobile home lots.
(4)
Nothing contained in this regulation shall be construed
as prohibiting the maintenance of a retail mobile home sales agency
in a mobile home park or the sale of a mobile home, whether occupied
or unoccupied, which is located on a mobile home lot and connected
to pertinent utilities.
B.
Separation and setback requirements. Except for mobile
homes in storage or for sale, each mobile home shall be located on
a mobile home lot so as to comply with the following minimum proximity
limits. It shall be:
(1)
From the right-of-way of any public street or highway:
25 feet.
(2)
From any building or structure, except metal or masonry
storage sheds, awnings, carports or porches: 15 feet.
(3)
From the side(s) of any other mobile home(s): 15 feet.
(4)
End to end, between homes and/or any adjoining property
lines: 10 feet.
C.
Mobile home stands. Each mobile home space shall be
provided with a mobile home stand of sufficient size to accommodate
the mobile home to be placed thereon. Every mobile home stand shall
be provided with approved devices for anchoring the mobile home to
prevent overturning or uplift. Such devices shall be adequate to withstand
winds of hurricane force.
D.
Road layout; road width; road construction; walks.
(1)
Roadways in all mobile home parks shall be provided,
as private roads, located where necessary to furnish principal traffic
ways for convenient access to all mobile home sites and other facilities
located in any mobile home park. All such roadways shall be continuous
wherever possible. Where dead-end roads are necessitated, culs-de-sac
or turnarounds shall be provided to meet the same standards as required
for subdivisions established by the Subdivision Ordinance of Stafford
Township. All such roadways shall have a minimum width of 24 feet
and shall have unobstructed access to a public street or public highway.
All streets shall be private ways and not dedicated to the public.
The road width should be measured from the back of the curb to the
back of the curb.
(2)
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.
(3)
Public walks, where provided, shall afford a safe,
stable footing. Stepping stones may be used from main walks to mobile
homes. All walks shall be maintained in good repair and in safe condition.
E.
Parking. Car space shall be provided, without interfering
with normal movement of all traffic, with at least two car parking
spaces for each mobile home. Parking spaces shall be provided, either
in convenient parking bays or in such mobile home space. Parking spaces
may be provided for not more than two cars end to end.
F.
Water supply system. An adequate supply of potable
water, complying with the Potable Water Standards established by the
State Department of Health of the State of New Jersey, shall be provided
in each mobile home park.
G.
Water distribution and fire hydrants.
(1)
A water distribution system shall be provided to transmit
the potable water supply throughout the mobile home park. The supply
shall be made available to each mobile home lot, building or other
facility requiring water via a separate water service pipe at a minimum
pressure of 30 pounds per square inch.
(2)
Fire hydrants shall be provided in accordance with
recommendations of the Township Engineer, who shall, in making such
recommendations, follow the standards established by appropriate insurance
underwriting agencies to provide the minimum insurance premium cost
for the occupants of the mobile home park.
H.
Individual water risers and connections.
(1)
An individual water riser shall be located within
the confined area of each mobile home. The riser outlet shall be designed
so that a watertight connection can be made between the outlet and
the mobile home piping system.
(2)
The water riser shall extend at least four inches
above the ground elevation. The outlet shall be plugged or capped
when not in use.
(3)
Adequate provisions shall be made to prevent freezing
of risers, valves and water service pipes and to protect risers from
the heaving and thawing actions of the ground during freezing weather.
Surface drainage shall be diverted from the location of the riser.
(4)
Each riser shall be provided with a shutoff valve
conveniently available to the tenant in the event of an emergency.
(5)
Physical connections. No physical connection shall
be made between an approved public potable water supply and an unapproved
water supply.
I.
Sewerage and storm drainage facilities.
(1)
Adequate facilities for the collection and disposal
of sanitary sewage shall be provided at every mobile home park.
(2)
Building sewer outlet and connections.
(a)
Each mobile home lot shall be provided with
a building sewer. The building sewer shall be at least four inches
in diameter and shall be equipped with a riser of the same diameter
terminating above the ground. A trap and/or vent shall not be installed
on the building sewer.
(b)
The riser shall be firmly imbedded in the ground
and be protected against heaving, shifting and surface water. When
it is not in use, the riser shall be capped or plugged so as to render
it watertight.
(c)
The sewer connection shall be provided with
suitable fittings to effect watertight junctions. The connections
shall be self-draining and shall be effected by durable, noncollapsible,
corrosion- and weather-resistant semirigid or rigid pipe. Such pipe
shall be plastic, copper or iron of suitable diameter (at least three
inches) to fit the drain outlet of the mobile home and the riser.
(d)
The park management shall maintain spare connectors
and appropriate fittings in good repair, to be used when privately
owned connectors do not meet the requirements of this regulation.
(3)
Sewer line and appurtenances. Sewer lines and appurtenances
in a mobile home park shall be laid in accordance with the following
requirements.
(a)
Minimum size: six inches, except a building
sewer.
(b)
Pipe sizes and grades shall conform to the following:
|
Grade Pipe Size
(inches)
|
Minimum Grade
(percent)
| |
|---|---|---|
|
6
|
0.65
| |
|
8
|
0.40
| |
|
10
|
0.29
| |
|
12
|
0.22
|
(c)
Construction. All sewer line joints, sewer connections
and manholes shall be watertight and shall comply with all state and
local laws and regulations.
(d)
Manholes. Manholes shall be provided at the
upper end of each sewer line; at intersections; at changes in grade,
size or alignment; and at intervals of not more than 400 feet.
(e)
Protection of water supplies. Water mains and
sewers generally shall be separated by a horizontal distance of 10
feet. If such lateral separation is not possible, the water and sewer
pipes shall be in separate trenches, with the sewer at least 18 inches
below the bottom of the water main, or with such other separation
as is approved by the New Jersey State Department of Health. At crossings
of sewers and water mains, the sewer shall be at least 18 inches below
the bottom of the water main.
(4)
Approval of sewerage facilities. The plans for the
proposed sewerage facilities of a mobile home park, including the
sewer and appurtenances and sewage treatment and disposal facilities,
shall be approved by the State Department of Health and the Township
Engineer prior to installation of said facilities.
(5)
Storm drainage. Sanitary sewers shall be separate
and apart from any stormwater drainage system. All streets shall be
provided with sufficient catch basins, storm sewers, culverts and
other drainage appurtenances for the proper drainage of the area in
the light of existing and future conditions, with final disposition
to an existing natural watercourse of adequate capacity for said purpose.
Storm drainage features shall be based on a ten-year-frequency curve,
and said drainage facilities shall in all respects be subject to the
approval of the Township Engineer.
J.
Refuse: storage, collection and disposal. The storage
and collection of refuse shall be so managed as to prevent health
hazards, rodent harborage, insect breeding, accident hazards or air
pollution. All refuse shall be stored in durable, flytight, watertight
and rodentproof containers. Refuse shall be collected at least twice
weekly.
K.
Electricity.
L.
Storage and handling of fuel, oil and flammable liquids.
The handling and storage of gasoline, fuel oil or other flammable
liquids shall be in compliance with the applicable rules and regulations
of the New Jersey State Department of Law and Public Safety, Division
of State Police.
M.
All mobile home spaces shall have an unobstructed
access to a public street, road or highway and shall be well marked
in the daytime and shall be lighted so as to permit safe movement
of vehicles and pedestrians at night. The following minimum levels
of illumination shall be provided:
N.
Insect, rodent and weed control.
(1)
Mobile home parks and mobile home lots shall be kept
free from articles which may hold water and provide temporary breeding
places for mosquitoes. Permanent mosquito control measures such as
draining and filling depressions in which water may collect shall
be taken by the park management, together with such supplemental larvicidal
measures as need indicates.
(2)
Fly breeding shall be controlled by eliminating the
insanitary practices which provide breeding places. Refuse containers
shall be repaired or replaced when so damaged that they leak or their
lids do not fit in a flytight manner. The area surrounding the refuse
container shall not be permitted to become littered with garbage nor
saturated with water or liquid from garbage. All containers shall
be maintained in a clean and sanitary condition.
(3)
Insecticidal measures shall be applied if necessary.
(4)
All buildings within the mobile home park shall be
ratproofed, with special emphasis on those in which food is stored
or served.
(5)
Items in storage shall be maintained in such a manner
as to eliminate the possibility of rodent harborage.
(6)
The growth of brush, weeds and grass shall be controlled
as a means toward elimination of ticks and chiggers.
O.
Construction Code. All mobile home parks and the area
immediately surrounding all mobile homes or trailers for which temporary
permits have been issued shall be subject to all construction and
building codes adopted by or in lawful effect in the Township, and
all buildings located in all trailer parks, other than the mobile
home or trailer itself, shall be subject to all construction and building
codes adopted by the Township.
P.
Certificate of Occupancy. No person shall occupy or
reside in or lease to another person for the purpose of occupying
or residing in nor permit any other person to occupy or reside in
any mobile home within the Township unless a certificate of occupancy
is first obtained therefor from the Township in accordance with Township
ordinances.
Q.
Inspection. Every mobile home park and every building
located on any trailer park and every mobile home or trailer, whether
located in a mobile park or for which a temporary permit has been
issued 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.
[Amended 6-18-1985 by Ord. No. 85-64]
R.
Park registry. Every holder of a license to maintain
or operate a mobile home park shall establish and maintain a park
registry which shall list in numerical sequence each trailer occupying
a trailer space and the name of the owner of the trailer and, if the
owner of the trailer is not an occupant thereof, the name of the lessee
of each trailer. The park register shall be kept in an office located
in the mobile home park, shall be current at all times and shall be
available at all reasonable hours for inspection by officials of the
Township of Stafford.
A.
No existing mobile home park in the Township of Stafford
shall hereafter in any way expand the perimeter of said mobile home
park nor shall it add any additional mobile home spaces nor shall
it permit the occupancy of any mobile home spaces beyond the number
of mobile homes presently located in said mobile home park except
in strict compliance with this chapter.
B.
Any addition of mobile home spaces or of mobile homes
to existing spaces in any existing mobile home park shall be construed
as an alteration or expansion for which application must be made.
C.
Each existing mobile home park shall be construed to have a temporary current annual license to operate, which said license shall expire on December 31, 1984; provided, however, that said temporary license shall be automatically revoked unless, within 10 days after the effective date of this chapter, the owner of each existing mobile home park submits to the Township Clerk a certified statement of the total number of mobile home spaces in said park and the total number of mobile home spaces which are occupied, together with each of the items required by § 140-4A; provided, however, that upon application to the Township Council by the owner of the mobile home park, the Township Council may, for good cause, extend the period of time for submission of any one or more of the items required by § 140-4A for a period of time up to but not after October 15, 1984.
[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.
