[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 8-23-1982. Amendments noted where applicable.]
For the purpose of this chapter, the following
terms shall have the meanings indicated:
The Hampton Public School and, to the extent of the enrollment
of residents of the Borough of Hampton, the North Hunterdon Regional
School District and other educational institutions where Borough residents
are enrolled at public expense (exclusive of institutions of higher
learning).
Any vehicle or similar portable structure having no foundation
other than wheels, jacks or skirtings and so designed or constructed
as to permit occupancy for dwelling purposes. Independent mobile homes
shall not, however, mean:
Units of this nature located within a duly licensed
trailer coach park; nor
Vehicles or units of this nature which, though located within
the Borough of Hampton, are not used as a principal dwelling unit,
but which are used periodically for trips, camping and the like. For
example, vehicles commonly known as "campers" owned by someone who
permanently resides elsewhere and only uses the camper for occasional
trips are not to be considered independent mobile homes.
The legal owner or owners of the real property upon which
any independent mobile home is located.
A.
The owner of any independent mobile home located within
the Borough of Hampton shall obtain a license for the same on or before
October 1, 1982, and annually thereafter. A written application shall
be filed with the Borough Clerk on or before September 15 and shall
contain the following information:
(1)
The name and address of the owner.
(2)
The location (by Tax Map and block number) of the
independent mobile home.
(3)
The names and (if under 21) ages of the persons residing
in the independent mobile home as of the date of the application.
(4)
The date the independent mobile home was constructed
and the date it was first used as an independent mobile home within
the Borough of Hampton.
(5)
Such further information as may be required by resolution
of the Borough Council.
The Borough Council shall annually issue an
independent mobile home license to owners of independent mobile homes
if:
A.
The application form shall have been timely filed
and the application fee timely paid.
B.
The independent mobile home is either in full compliance with Chapter 157, Land Development, or it constitutes a valid preexisting nonconforming use.
C.
All license fees have been paid in full.
D.
The current use of the independent mobile home complies
with all applicable health regulations and such other reasonable conditions
as may be imposed from time to time by action of the Borough Council.
A.
The owner of each independent mobile home shall pay
an annual license fee to the Borough of Hampton based upon the following
formula:
|
License Fee =
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P1
P2
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(M.B.A.) +
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S1
S2
|
(T x R)
|
|
Where:
|
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P1
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=
|
The number of persons residing in an independent
mobile home.
| |
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P2
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=
|
The total population of the Borough of Hampton.
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|
M.B.A.
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=
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The municipal budget appropriation as calculated in accordance with § 169-5 of this chapter.
| |
|
S1
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=
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The number of persons residing in an independent
mobile home who are enrolled in the Borough school system.
| |
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S2
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=
|
The total number of students enrolled in the
Borough school system.
| |
|
T
|
=
|
The tax rate necessary to apply to the school
budget per $100 valuation.
| |
|
R
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=
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The total ratables in the Borough of Hampton.
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B.
If the above formula results in a fee of less than
$1,000, then the fee shall be $1,000. The annual fee shall be payable
on a quarterly basis as follows:
C.
Delinquent fees shall bear interest at the rate of
18% per annum.
The Borough Council may revoke any independent
mobile home license if, after a hearing, upon notice to the licensee,
it determines that one of the following conditions exist:
A.
The license fee has not been paid for at least two
quarters.
B.
The independent mobile home has become unsuitable
for dwelling purposes due to the existence of unsanitary or unhealthful
conditions.
C.
The independent mobile home has become unoccupied
for a period of at least six months.
D.
The licensee has failed to comply with any reasonable
conditions imposed upon his right to hold a license or any requirements
of this chapter.
Whenever the owner of an independent mobile
home sells or otherwise transfers his ownership interest, the new
owner shall, within 10 days of the transfer, apply to the Borough
Clerk for the issuance of a new license. This application shall be
treated as a new application for all purposes, including the tendering
of an application fee of $70. If the Borough Council finds that all
conditions for the holding of a license are satisfied, it shall issue
a new license in the name of the new owner. If an owner dies, the
personal representative of his estate or the person acquiring the
ownership interest shall have six months to apply for a new license,
but in all other respects, transfers of ownership by virtue of death
shall be treated as a transfer of ownership for all purposes.
The holder of an independent mobile home license
shall report any changes in the facts disclosed in his application
form to the Borough Clerk within 30 days of the time such changes
occur. Such a report shall be in writing.
The Borough Council shall be empowered to waive
any conditions set forth in this chapter, provided that the owner
demonstrates that strict compliance will result in undue hardship
and that the waiver will not unduly discriminate against other licenses
and will not result in substantial harm to the public welfare.
[Amended 11-9-1992 by Ord. No. 14-92[1]]
The owner of any independent mobile home who
fails to obtain or qualify for a license or whose license is revoked
shall, within 90 days of October 1 or within 90 days of the date of
revocation, remove the independent mobile home from the Borough of
Hampton. The owner shall immediately notify any tenants of such home
so that such tenants may vacate within the ninety-day period. Failure
to accomplish removal shall subject the owner to a fine not to exceed
$2,000, imprisonment in the county jail for a period not to exceed
90 days and/or a period of community service not to exceed 90 days.
Each day an owner suffers or permits an independent mobile home to
remain within the Borough of Hampton without a license beyond the
ninety-day period shall constitute a separate violation.
This chapter shall not be construed to permit
either of the following:
