[Amended 1-23-1996 by Ord. No. 96-4; 5-25-1999 by Ord. No. 98-69]
As used in this article, the following terms
shall have the meanings indicated:
A reference plane consisting of the average finished ground
level adjacent to a structure, building or facility at all visible
exterior walls.
A 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 permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary of the United
States Department of Housing and Urban Development 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 home by the
Commissioner of the Department of Community Affairs pursuant to the
State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119
et seq.).
A unit of housing which was fabricated in an off-site manufacturing
facility, designed to be a permanent residence, built prior to enactment
of the National Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective on June 15, 1976.
A parcel of land or two or more parcels of land containing
no fewer than 10 sites equipped for the installation of manufactured
homes, or mobile homes installed prior to the enactment of this article,
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:
The construction and maintenance of streets;
Lighting of streets and other common areas;
Garbage removal;
Snow removal; and
Provisions for the drainage of surface water
from home sites and common areas. While more appropriately called
a "manufactured home community" today, for purposes of this article,
"mobile home park" will continue to be used to maintain consistency
with state statute.
A parcel of land designated for the placement of a mobile
or manufactured home.
A foundation consisting of nonmortared blocks, wheels, concrete
slab, runners or any combination thereof, or any other system approved
by the Commissioner of the Department of Community Affairs for the
installation and anchorage of a manufactured home on other than a
permanent foundation.
The construction of that home or section at a location other
than the location at which the home is to be installed.
The joining of those sections at the location at which the
home is to be installed.
A system of support installed either partially or entirely
below grade, which is:
A system of support consisting of poured concrete strips
running the length of the chassis of a manufactured home under the
lengthwise walls of that home.
A recreational vehicle, travel trailer, camper or other transportable
temporary dwelling unit, with or without its own motor power, designed
and constructed for travel and recreational purposes, to be installed
on a nonpermanent foundation if installation is required. Such vehicles
may be parked on a mobile or manufactured home space, if registered,
but cannot be occupied as a dwelling.
The purpose of this article is to regulate the
construction and operation of mobile home parks, a form of residential
development that is a practical means of providing affordable housing.
This article is enacted by authority of N.J.S.A.
40:52-1 et seq., governing licenses, and N.J.S.A. 40:55D-1 et seq.,
governing land use.
The licensing provisions of this article shall
be under the jurisdiction of City Council. The land use provisions
of this article shall be under the jurisdiction of the Planning Board.
[Amended 7-23-2002 by Ord. No. 2002-49]
City Council has provided for a maximum of 17
mobile home park licenses.
A.
Location. Mobile home parks are permitted to those areas designated as Mobile Home Park Zones (MHP) in accordance with Article XV, Zoning, of this chapter.
B.
Lands restricted. No land which has been or is being
mined shall be included in a mobile home park unless proof is submitted
that such land is safe from subsidence, soil erosion, bad drainage
conditions, stagnant water ponding or other water hazards and such
land has been rehabilitated with the topsoil replaced, graded and
landscaped. Such filled areas, if approved, may be used only as open
space and shall be subject to the approval of the New Jersey Department
of Environmental Protection.
C.
Mobile homes and manufactured homes limited to mobile
home parks. It shall be unlawful within the City of Vineland for anyone
to maintain, occupy or park a mobile home or a manufactured home on
any street, alley, highway or public place. No mobile home or manufactured
home shall be placed on private premises or on the premises of a dwelling
unless said lot or premises is within an approved mobile home park
or as permitted by N.J.S.A. 40:55D-100 et seq.
D.
Application of regulations. These regulations shall
apply to all existing and proposed mobile home parks and mobile or
manufactured home spaces, except for mobile or manufactured home spaces
included in developments with valid licenses and preliminary or final
site plan and conditional use approvals under previous regulations.
E.
Mobile home installation or relocation prohibited.
Mobile homes may not be installed or relocated to any approved space
within a licensee mobile home park. Only manufactured homes may be
installed on any vacant approved space within a licensed facility.
A.
Area of park or community. The minimum area of a mobile
home park shall be 250,000 square feet.
B.
Area. The minimum area of a mobile or manufactured
home space shall be 5,000 square feet. The mobile or manufactured
home space boundaries shall be measured from the back of the curb.
C.
Frontage. The minimum frontage on park drives shall
be 50 feet, except along culs-de-sac or along curved park drives,
where it shall be 30 feet.
E.
Home orientation. All mobile homes and manufactured
homes shall front on a park drive. No mobile or manufactured home
space shall be placed closer than 75 feet of a public street line.
A.
Spaces per acre. The number of mobile or manufactured
home spaces per acre shall not exceed five.
C.
Setback along park drives. No mobile home, manufactured
home or accessory building shall be placed closer than 20 feet to
any park drive, as measured from the back of the curb.
D.
Electric and communication utility easements. A fifteen-foot-wide
easement for electric and communication uses shall be provided to
the rear of the curb when located in the service area of a utility
company or authority requiring same. The easement area may not be
used for fences, landscaping or other obstructions. Paved driveways,
sidewalks and street trees are permitted.
E.
Setback from side and rear boundaries of park. No mobile or manufactured home space shall be placed closer than 50 feet to the side or rear boundaries of any park, if a boundary adjoins residentially zoned land not permitting mobile home parks. The setback to other zones not permitting mobile home parks shall be 25 feet. The setback shall be 15 feet to land zoned for mobile home parks. The fifty-foot setback requirement for side or rear boundaries may be reduced to 25 feet if the buffering proposed is in accordance with § 425-123C(3). Where utility or drainage easements are required along side or rear boundary lines, the easement area shall not be used for a mobile home or manufactured home.
G.
Design occupancy. No mobile home or manufactured home
shall be inhabited by a greater number of occupants than the number
registered in the mobile home park or the number permitted by the
applicable codes, whichever is less.
Nonconforming mobile home parks may be continued,
notwithstanding the provisions of this article, provided that:
A.
The applicant shall submit to the Zoning Officer a
plot plan of the mobile or manufactured home space, accurately drawn
and showing, by dimensions, the existing placement as well as the
proposed placement of the new manufactured home. (NOTE: All proposed
setbacks shall equal or exceed the original required setbacks as well
as conform to the New Jersey Uniform Construction Code.)
B.
The Zoning Officer shall send a letter of approval
to the Department of Licenses and Inspections to proceed with the
issuance of the required permits.
C.
Only manufactured homes may be used as replacement
units.
D.
Upon completion of the construction necessary for
the replacement of the manufactured home, the new certificate of occupancy
may be issued.
A.
A mobile home legally located prior to July 11, 1983,
on a fee simple lot shall be considered a nonconforming mobile home.
B.
Nonconforming mobile homes shall not be replaced or
relocated without approval of the Zoning Board of Adjustment and the
issuance of the required permits.
C.
The removal of a nonconforming mobile home from a
lot shall be considered the abandonment of that use from the property.
All signs in a mobile home park shall comply
with the standards set for the multifamily uses in residential zones.
A.
A detailed illustration of all signs to be installed
shall be submitted for review and approval prior to the issuance of
permits.
B.
In reviewing signs, the Board shall consider appropriateness
and the degree to which the signs enhance the visual appearance of
the park, the public areas, the public streets and the architectural
style of the existing or proposed accessory buildings, as well as
the quality of the residential environment for those who live in the
park.
C.
Along the park drive at each entrance to a mobile
home park, a plan of the park, depicting accurate drive names and
mobile or manufactured home space numbers, shall be posted. Said plan
shall be a maximum of 32 square feet in size.
D.
Signs shall be required at all intersections identifying
drive names.
A.
The standards established by the New Jersey Residential
Site Improvement Standards Act[1] and the New Jersey Uniform Construction Code,[2] the Illuminating Engineering Society, the New Jersey Department of Environmental Protection, the Soil Conservation District, and such other statutory provisions which pertain shall apply. Each phase or type of construction shall comply with the applicable codes and standards. See Subsection J of § 425-71, Flood damage prevention, and § 425-79, Construction standards, of Article VII.
B.
Two hundred square feet of concrete shall be provided
in each mobile or manufactured home space to coincide with the entrance
to the mobile home or manufactured home prior to the issuance of the
certificate of occupancy. An elevated deck of equal size may be substituted
for the 200 square feet of concrete.
C.
Two paved parking spaces shall be provided in each
mobile or manufactured home space.
D.
Subject to the approval of a waiver of the New Jersey
Department of Community Affairs, a right-of-way of less than 50 feet
in width sufficient to contain the required cartway and curbing may
be provided. The Planning Board may require that the right-of-way
and cartway widths of a new street that is a continuation of an existing
street be at least the same widths as the existing street.
E.
Curbing for all mobile home developments shall be
made of concrete and may be designed as vertical curb or mountable
curb in accordance with the construction standards in the New Jersey
Residential Site Improvement Standards.
F.
Bicycle paths and lanes, a minimum of six feet in
width, shall be provided when the Master Plan Circulation Element
requires them in the location of a proposed mobile home park.
G.
The minimum levels of illumination to be provided
are 0.1 average maintained footcandle for all parts of the park zone
system and 0.3 average maintained footcandle for potentially hazardous
locations. For other specifics, refer to the Illuminating Engineering
Society standards.
A.
A traffic impact statement (TIS) shall be submitted with an application to expand a mobile home park, if the proposed expansion generates traffic flows in excess of 10% of the existing flows as measured on a weekday between 7:00 a.m. and 7:00 p.m. at the access/exit points. See Article VII, § 425-80, for the contents of a traffic impact statement.
B.
Roadways within a mobile home park shall be private
drives unless, based on the provisions of the Official Map and the
Master Plan of Street Extensions, the Planning Board requires the
street to be dedicated to public use in order to serve the overall
community plan.
C.
Park drives shall be designed to provide convenient
access to all mobile or manufactured home spaces. Where dead-ended
drives are necessary, culs-de-sac shall be installed.
D.
Park drives shall follow existing lane contours to
the fullest possible extent while providing satisfactory gradients
and fire protection access to mobile homes and manufactured homes.
E.
Park drives shall be designed to avoid destruction
of natural resources such as trees, scenic views and waterways.
F.
The overall clarity of the vehicular circulation plan
must be evident.
G.
Landscaping and barrier plantings shall be used to
insulate residents of the park from public thoroughfares.
H.
Block sizes shall be the maximum consistent with the
shape of the site and the convenience and safety of the park residents.
Blocks longer than 600 feet shall be designed with midblock pedestrian
easements at least 10 feet in width to be improved with a four-foot-wide
concrete sidewalk.
I.
Clear sight triangles shall be provided and maintained
at intersections with public streets.
The following criteria shall apply to streets
which are required to be dedicated:
A.
Said street or portion of a street shall be an integral
part of the Official Map or the Master Plan of Street Extensions,
as approved and amended, or where necessary shall be so integrated.
B.
Where traffic flows warrant, acceleration/deceleration
lanes shall be provided.
C.
Where necessary, intersection expansion and other
improvements shall be made.
D.
The street shall be dedicated to public use by deed
to the City of Vineland.
A.
Refuse shall be stored in tightly covered containers
and kept under sanitary conditions.
B.
Each mobile or manufactured home space or centralized
location shall be provided with one of the following:
(1)
A slab of impervious material large enough to
accommodate the number of required containers.
(2)
A rack or holder which provides at least six
inches of clear space beneath or a cart which provides at least four
inches of clear space beneath.
(3)
A properly protected container in an underground
storage installation.
C.
The area surrounding refuse containers and collection
areas shall be kept free of litter, stagnant pools or articles which
hold water and provide insect-breeding places.
D.
Centralized locations shall be screened with solid
fencing and landscaping.
E.
Refuse containers shall be repaired or replaced when
damaged.
F.
Refuse shall be collected at least once a week.
A.
A minimum of 15% of the total acres of a mobile home
park shall be reserved as open space. At least 25% of the required
open space for non-age-restricted developments shall be located in
one defined area suitable for active recreation and field sports and
shall be free of environmental constraints, including stormwater detention
or retention basins.
B.
Recreation areas shall be so located and arranged as to provide for the maximum efficiency of function, benefit and convenience to all the park residents. Details of active recreational facilities shall be shown on the site plan to be approved by the Planning Board. Facilities shall be provided in accordance with the standards included in Article VII, § 425-82, Recreation facilities, except for provisions for payments in lieu of providing such facilities.
C.
For age-restricted development (i.e., for persons 55 years of age or older), the minimum massed open space referred to in Subsection A above may be waived if a community building or center is provided. The size of the building or center shall be based on 30 square feet per mobile or manufactured home space in the development, up to a maximum of 7,200 square feet, with a minimum building area of 1,500 square feet. At a minimum, the community building or center must include a meeting room, kitchen and rest room facilities.
D.
Setback areas abutting public streets shall not be
used to meet the open space requirements nor shall such areas be put
to recreational use.
E.
Any areas devoted to active sports, such as softball,
tennis or swimming, shall be enclosed by fencing of sufficient height
to minimize potential hazard and nuisance to adjacent residences,
mobile homes or manufactured homes. In addition to fencing, screening
may be required to ensure privacy and buffer noise.
F.
Open space and recreational facilities' maintenance
shall be the responsibility of the park manager and shall include
maintenance of lawns, landscaping, paved areas, screening materials,
including fences, as well as all the facilities to be used in common.
Adequate provision for surface water drainage facilities is essential. The provisions of Article VII, § 425-72, shall be met. In preparing and reviewing drainage proposals, the following criteria shall apply:
A.
Natural stream beds and all related floodplain areas
shall be clearly defined and protected. Care shall be taken to minimize
peak downstream runoff.
B.
Surface drainage systems may include, where necessary,
detention structures which will assure no additional runoff from the
mobile home park subsequent to completion of the park.
C.
Surface drainage systems shall be designed to accommodate
all runoff coming to or accumulating on the development site.
D.
Grading and drainage development shall conform to
the soil erosion and sediment control standards as applied by the
Soil Conservation District.
In reviewing an application for mobile home park development, the Planning Board shall ensure that adequate provisions are made to preserve, protect and make maximum use of the natural features and resources of the site. To this end, an environmental impact statement shall be submitted with each application to expand a mobile home park. See Article VII, § 425-81, for the contents of an environmental impact statement.
A.
The orientation of mobile homes and manufactured homes
which can most effectively reduce the consumption of natural or artificial
fuels shall be given priority in the design stage of the development.
B.
Natural vegetation shall be utilized and supplemented
throughout the site to aid in achieving the fullest practical degree
of climate moderation. The Planning Board shall evaluate the extent
to which the development plan has met the goal for energy conservation.
A.
Visual considerations. In designing the layout of
a mobile home park development, emphasis shall be placed on the visual
effect. The perimeter of off-street parking areas, refuse containers
and collection areas and other service-related stations shall be attractively
screened by the use of appropriate fencing or landscaping. The Planning
Board shall determine that the developer has made every effort to
design a development which is visually pleasing.
B.
Quality of design. The nature, size, shape, lighting
and style of signs and of street and recreation area furnishings shall
be found to be in good taste, creating a sense of harmony. The layout
shall be designed to avoid the appearance of congestion. Aesthetically
pleasing natural features shall be protected and enhanced.
C.
Lighting and safety features. Proper lighting promotes
safety and can attractively illuminate. Special attention shall be
given to lighting for steps, ramps, intersections or any potentially
hazardous location. Lighting shall not be aimed directly into the
windows of a mobile home or manufactured home or directly into patios.
A.
Perimeter buffers intent. Mobile home parks are typically
adjacent to lower density residential development or land zoned for
lower density residential development. It is the intention of this
article to use larger boundary setbacks and existing or proposed landscaping
to provide adequate buffering between parks and existing or future
lower density development. In approving a buffering plan, the Planning
Board shall take into consideration the depth and quality of existing
vegetation as supplemented by the developer in determining if adequate
screening is provided.
B.
Existing perimeter vegetation. No trees or vegetation
shall be removed from street line or property line setback areas,
except for the removal of noxious, dead or diseased materials needed
to improve the health of the existing trees and shrubs or to accommodate
supplemental landscaping. Clearing for streets, drives or utility
connections or similar, required improvements shall be permitted but
only to the extent needed to accommodate the improvement and necessary
regrading.
C.
Perimeter buffers standards:
(1)
The minimum standard for a planted buffer, assuming
there is no existing perimeter vegetation, is as follows.
(2)
Where existing vegetation is preserved, the minimum buffer quantities listed in Subsection C(1) above may be reduced to no less than 1/3 of the total, depending on the quality of the existing materials and their buffering performance. The proposed additional buffer materials will be judged based on compatibility with the existing vegetation and their ability to thrive in the proposed conditions.
(3)
When the perimeter buffer depth is reduced to less than the minimum, the quantities listed in Subsection C(1) above must be increased by no less than 1/3.
(4)
If a screening fence or wall is used, the minimum buffer quantities listed in Subsection C(1) above may be reduced to no less than 1/3 of the total.
(5)
In calculating the required open space areas,
25 feet of the perimeter buffer and setback depth is presumed to be
dedicated to the buffering function and is not to be counted toward
open space.
D.
Landscaping. Landscaping shall be an essential feature
of the mobile home park and shall be used as a means of unifying the
total site. Tall trees and massing of plants can be used to create
focal points and define public areas. To the fullest practical extent,
shade trees shall be retained or planted at appropriate locations
throughout the park and shall be provided along public streets, at
least one for each 50 feet of drive and/or street frontage. Additional
trees must also be provided when spaces back up to other spaces or
facilities in the development. At least one tree for every three lots
must be planted along these rear lot areas. Deciduous trees shall
have at least one-and-three-fourths-inch caliper at planting; evergreen
trees shall be at least five feet tall; and all shrubs, other than
dwarf varieties, shall be at least two feet tall at planting.
E.
Planning Board review. In reviewing the screening/landscaping
plan, the Board shall determine that:
(1)
Erosion-resistant plants are planned for slope
areas.
(2)
The extent to which plantings along public roads
will buffer noise and light.
(3)
The adequacy of climate controls by the use
of plants to serve as windscreens in winter and to provide shade in
summer.
(4)
The plan makes all possible attempt to break
up the vista of long rows of mobile homes and manufactured homes.
(5)
The plan provides for a variety of species to
avoid extensive disease or winter-kill losses.
(6)
The plan provides some seasonal variations.
If the applicant chooses phasing, these regulations
shall apply to all mobile home parks:
A.
The development of open space shall be completed in
proportion to match the area of the section for which final approval
is sought.
B.
The length of the development period for the entire
park shall be determined by the developer unless the Planning Board
finds that the proposed time schedule is not reasonable, would create
excessive demands on City services and facilities or would not protect
the health, safety and welfare of the community, in which case the
Planning Board shall modify the time for completion accordingly.
C.
Each section of the mobile home park shall be functionally
self-contained and capable of sustained occupancy and maintenance
and shall be properly related to utility services to be provided for
the completed park.
D.
Each section of the park shall be provided adequate
transitional features to avoid damage or detriment to a completed
section or to adjoining properties.
E.
Each section shall be covered by performance and maintenance
guaranties.
In every mobile home park, a manager's office
shall be established, which may be in a manufactured home or in a
permanent building. The responsibilities of the manager and/or licensee
shall be:
A.
To keep a copy of the park license, the approved mobile
home park site plan and this article posted in the office, as well
as the park register listing names and addresses of current owners
and occupants of each mobile home and manufactured home in the park,
all of which shall be available to officers of the law and to public
health officials at all times.
C.
To report any violation of City standards by the resident
tenants to the proper authorities as soon as it becomes known.
D.
To prohibit the use of a mobile home or manufactured
home by a greater number of occupants than are registered at the mobile
home park office or permitted by code, whichever is less.
E.
To report animals in the park which violate applicable
municipal animal control codes.
F.
To ensure that a certificate of smoke detector compliance
is issued prior to the sale, release or other change of occupancy
for residential purposes of any unit.
The responsibilities of tenants shall be:
A.
To maintain the mobile home or manufactured home and
mobile or manufactured home space in a sanitary condition.
B.
To keep personal property in enclosed storage at their
own expense.
C.
To provide for the mobile home or manufactured home
connection to the water and sewer riser outlets.
D.
To provide protection to prevent freezing of the water
riser.
E.
To supply a refuse container to be maintained at a
specified location if refuse containers are not provided at central
locations by the management.
F.
To cut grass, brush and weeds to maintain the mobile
or manufactured home space in a clean, attractive condition and to
be responsible for rodent control.
G.
To provide a suitable fire extinguisher, in a readily
accessible location, and a smoke alarm, which meet local codes.
B.
In addition, the following information is required:
(1)
Name of the mobile home park.
(2)
The floodplain boundaries and/or area of soils
limitations.
(3)
The location of open space, with dimensions
and area.
(4)
The location of active recreation and field
sports, if any, with plan of each type.
(5)
Report of soils analysis and percolation tests.
(6)
Location of easements, with type and dimensions
noted.
(7)
Location of drives and accessways, with widths
and lengths.
(8)
Location of each mobile or manufactured home
space.
(9)
Number of originally granted spaces.
(10)
Number of spaces added, if any, and number proposed
to be added.
(11)
Delineation of all buffer areas, dimensioned.
(12)
Delineation of setback lines from public streets,
dimensioned.
(13)
Location, type and plan of screening.
(14)
Any other data found to be pertinent to the
particular site.
A.
On-site improvements such as drives, lights, signs,
curbs and gutters, as well as sidewalks, shall be provided as specified
under the New Jersey Residential Site Improvement Standards[1] or, when applicable, the construction standards of the City of Vineland. See Article VII, Design Standards, § 425-79.
[1]
Editor's Note: See N.J.S.A. 40:55D-40.3 et
seq.
A.
A complete site plan application for mobile home park
development shall consist of the following:
(1)
Ten copies of the plan showing the data required, plus four copies if the application must go to the County Planning Board. See § 425-128 above.
(2)
Two copies of the soils analysis and percolation
tests.
(3)
Phasing and timing schedule and density for
the total site and for each phase.
(4)
A description of covenants, grants, easements
and restrictions.
(5)
A written statement setting forth how the project
will meet the public need and any special need within an established
park.
(6)
A description of the proposed open space management
and maintenance plan.
(7)
A description of circulation conditions or a traffic impact statement. See § 425-113 regarding TIS requirements.
(8)
A description of environmental conditions or an environmental impact statement. See § 425-120 regarding an EIS.
(9)
A completed application form.
To help defray the municipal costs of reviews
and inspections, the following fees shall be paid:
A.
With the application for preliminary approval: $10
per proposed mobile home space, with a minimum of $100.
B.
With a resubmission for preliminary approval: $5 per
proposed mobile home space, with a minimum of $50.
C.
With the application for final approval: $5 per proposed
mobile home space, with a minimum of $100. If an application for preliminary/final
approval is submitted, only the fee for preliminary approval is required.
D.
With a resubmission for final approval: $2.50 per
proposed mobile home space, with a minimum of $50. If an application
for preliminary/final approval is submitted, only the fee for preliminary
approval is required.
Prior to preliminary approval, the Planning
Board shall find:
A.
The proposals for maintenance and conservation of
open space are reliable and that the space is adequate for the intended
purpose.
B.
The physical layout of the plan provides for public
services, traffic control and a good environmental climate.
C.
The development will not have an unreasonably adverse
impact upon the area or upon municipal services.
D.
The conditions applied to protect the public and the
residents of the completed park are adequate in the case of each phase
or stage of development.
B.
Final approval grants the applicant the right to:
A.
It is unlawful to operate a mobile home park within
the City of Vineland without a license to operate. All licenses to
operate shall expire on December 31 of each year.
B.
The City Council must issue a license to operate for
all authorized mobile or manufactured home spaces within a mobile
home park prior to the issuance of certificates of occupancy for those
spaces. Final site plan approval must be secured and the mobile or
manufactured home spaces must be constructed before a license to operate
can be considered.
C.
The City Council must find a proposed or existing
park to be in compliance with this article and other applicable ordinances
and must receive a report from the Department of Licenses and Inspections
on the conditions of the park prior to the issuance or renewal of
a license to operate.
D.
The number of mobile or manufactured home spaces included
under a license to operate shall be equal to the number approved by
the Planning Board during the review of an application for final site
plan approval or as previously approved by the City prior to the passage
of this article. Mobile or manufactured home spaces can be constructed
and licensed by phases if so approved by the Planning Board.
E.
Mobile home parks may develop additional spaces in
accordance with valid site plan approvals under the previous ordinance
or to the limits of a Mobile Home Park (MHP) Zone, if a park is so
zoned.
F.
Licensed parks located outside of MHP Zones must apply
to the Zoning Board of Adjustment for a variance, in accordance with
N.J.S.A. 40:55D-70d(2), to expand a nonconforming use and for final
site plan approval.
A.
License to operate renewal. Applications for license
to operate renewals shall be made to the Director of the Department
of Licenses and Inspections for submission to the City Council no
later than December 10 of each year.
(1)
The licensee shall submit four copies of a signed
application form. If the park is owned by a corporation, the applicant
shall give the name and address of each owner having 10% or more of
the issued, outstanding capital stock of the corporation.
(2)
The applicant shall also submit a copy of the
approved mobile home park plan which shall clearly indicate all the
constructed spaces and all the unconstructed spaces. All spaces, constructed
and unconstructed, shall not exceed the total number of spaces approved
by the Planning Board.
(3)
The management shall provide an inventory of
all developed spaces, which shall include the identification of the
space, the type of space (i.e., vacant, renter-occupied or owner-occupied),
the owner of any space which is renter-occupied and any citations
that may have been received during the licensing year being completed.
B.
Required information. In addition to the signed application
form and a copy of the approved mobile home park plan, the applicant
shall provide the Director of the Department of Licenses and Inspections
with the name, address and telephone number of each of the following:
C.
Annual inspection. The Department of Licenses and
Inspections shall perform an annual inspection of each licensed mobile
home park and shall report the results of the inspection to City Council
prior to the issuance of the license to operate for the mobile home
park. The Department of Licenses and Inspections shall notify the
park manager at least 24 hours in advance of the annual inspection
and shall inform him of the results of the inspection.
A.
The annual license to operate fee for the mobile home
park shall be:
(1)
Two hundred dollars per park comprising 24 spaces
or less.
(2)
Two hundred dollars per park comprising 25 spaces
or more, plus $15 for each approved, constructed space in excess of
24 spaces which is occupied by a mobile home or manufactured home
or which is ready to receive a manufactured home.
B.
The annual license fee, or municipal service fee,
for each mobile home space shall be $10 per month for the remainder
of calendar year 1999; $12 per month for calendar year 2000; $14 per
month for calendar year 2001; and $16 per month for calendar year
2002 (and until such time as it is recalculated) for each approved,
constructed space which is occupied by a mobile home or manufactured
home. These annual fees, due quarterly, shall be collected on the
10th day of January, April, July and October of each year.
D.
The fee for a transfer of a license to operate shall
be $100.
E.
No entrance fee shall be imposed on the mobile home
or manufactured home owner by the licensee or by the park manager.
The license to operate a mobile home park may
be suspended or revoked by City Council at any time if the park is
in violation of any provision herein, upon 10 days' written notice
to the licensee and manager of the park. The reason for the notice
and the remedial action required shall be given. The licensee may
request the opportunity to be heard prior to the effective date of
the suspension or revocation. An application for reinstatement may
be made at any time thereafter. Satisfactory proof that the violation
has been corrected shall be required prior to reinstatement.
A.
The granting of a license to operate by the City Council
conveys no right to erect any building, install a mobile home and
its support system or to do any other work which requires the issuance
of a permit.
B.
No permit shall be issued prior to final site plan
approval for any part of an authorized mobile home park.
C.
Permits to construct park improvements and the supporting
systems for each mobile or manufactured home space shall be issued
by the Construction Official.
D.
Certificates of occupancy. A certificate of occupancy
shall be issued prior to the occupation of a mobile home. No certificate
shall be issued unless all the required installations have been inspected
and approved by the appropriate officials.
A.
Notice shall not be required for the development of
authorized spaces which meet the standards of this chapter and the
applicable state and local codes.
B.
Notice shall be required for all development of new
expansions of spaces or lands which were not part of the mobile home
park prior to January 1, 1998.
A.
It shall be the responsibility of the licensee to
maintain all common facilities and improvements of the park in good
operating order at all times.
B.
Park drives shall be cleared of snow as soon as conditions
reasonably permit.
C.
Failure to comply within 24 hours after notice of
a maintenance deficiency from the Department of Licenses and Inspections
shall constitute a violation of this article.
A.
During construction of a mobile home park or any expansion
thereto, the City Engineer shall be responsible for ensuring compliance
with the provisions of the Planning Board approval.
B.
During the operation of a mobile home park, the following
departments shall be responsible for ensuring compliance with the
maintenance of the park in accordance with the requirements of the
related codes and the approved final site plans:
(1)
Fire Department. New Jersey Fire Prevention
Code, as amended, smoke detector certification for owner-occupied
units at the sale of a unit.
(2)
Department of Licenses and Inspections. New
Jersey Uniform Construction Code, as amended; regarding installation,
including foundations and tie-downs or strapping, utility connections,
etc.; the issuance of certificates of occupancy for new units; inspection
of overall park conditions as part of the annual licensing to operate
renewal; the maintenance of all aspects of approved site plans.
(3)
Health Department. Property Maintenance Code
of the City of Vineland, as amended;[1] City of Vineland Remittal Registration Ordinance, as amended,
including the inspection of rental units at changes in occupancy or
as requested; New Jersey Standards for Individual Subsurface Sewage
Disposal Systems, including all septic systems not under the jurisdiction
of the New Jersey Department of Environmental Protection; New Jersey
regulations governing public noncommunal water supplies, including
all wells not under the jurisdiction of the New Jersey Department
of Environmental Protection.
C.
During the operations of a mobile home park, the Zoning
Officer shall be responsible for enforcement of the land use provisions
of this article.
A.
Any person found guilty of violating a provision of
this article shall be subject to a fine of not more than $1,000 for
each offense, and each day a violation is permitted to exist shall
constitute a separate offense and shall be punishable as such.
B.
The Municipal Court shall also have the power to suspend
the license to operate of a violator pending the elimination of the
violation.
C.
The penalties set forth in this section are in addition
to any other lawful penalties which may be imposed.
